C ONTENTS
1.4.6
1.5.1
1.6
2.1
2.2
1.6.1
mation/Legal
CHAPTER 2
LEGAL RESEARCH METHODOLOGY
2.2.2
CHAPTER 3
SOCIO-LEGAL RESEARCH
3.1 Understanding law and society
3.2 Understanding ‘Socio’ in Socio-Legal Research (SLR)
3.3 Ambit of Socio-legal research
3.4 Socio-legal Research - An interdisciplinary approach
3.5 Socio-legal research methodology
3.5.1
3.6
3.7
CHAPTER 4
METHODS OF REASONING: DEDUCTIVE AND INDUCTIVE
4.1 Meaning of reasoning
4.2 How an argument is constructed?
4.3 Fallacies and the nature of argument
4.4 Inductive and deductive reasoning
4.4.1 Inductive reasoning
4.4.2 Deductive reasoning
4.5 Legal reasoning
4.6 Conclusion
CHAPTER 5
REVIEW OF LITERATURE
5.1
5.2 Role of literature
5.3 When to review the literature?
5.4 Sources of information for a literature review
5.5 Understanding the tools for legal research
5.5.1 Tools for searching judicial authorities and legislative materials
5.5.2 Tools for searching secondary data
5.6 Caution in using the E-resources
5.7 How to select research articles for review?
5.7.1 Examine the title
5.7.2 Read the abstract
5.7.3 Read the article
5.8 How to organise the material in writing literature review?
5.9 Evaluation of literature
5.10 Steps in conducting a literature review as recommended by Creswell
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5.11 Guidelines before writing the review
5.11.1 Analysis of literature
5.11.2 Evaluate literature for currency and coverage
5.12 Steps in writing the literature review
5.13 Conclusion
CHAPTER 6
IDENTIFICATION AND FORMULATION OF PROBLEM
6.1 Introduction
6.2 Framing the title
6.3 Problem formulation - Important steps in problem formulation
6.4 Conclusion
CHAPTER 7
VARIABLES : A COMPREHENSIVE OVERVIEW
7.1 Understanding variables
7.2 Operationalisation and attributes of variables
7.3 Types of variables
7.4 Conclusion
CHAPTER 8
RESEARCH QUESTIONS AND HYPOTHESES
8.1 Introduction
8.2 Research questions
8.2.1 Characteristics of effective research questions
8.2.2 Differentiating between broad research topics and specific research questions
8.2.3 Types of research questions
8.2.4 Number of research questions
8.2.5 Techniques for developing research questions
8.2.6 Formulating research questions: Tips and strategies
8.3 Hypotheses
8.3.1 Meaning of hypotheses
8.3.2 Definitions of hypothesis
8.3.3 Characteristics of hypotheses
8.3.4
8.3.5
8.4 Conclusion
CHAPTER 9
RESEARCH DESIGN
9.1 Introduction
9.2 Meaning and definitions of research design
9.3 Characteristics of a good research design
9.4 Challenges in research design
9.5 Factors in developing an appropriate research design
9.6 Steps for designing a research study
9.7 Types of research designs
9.8 Time dimension in designing research
9.9 Conclusion
CHAPTER 10
SAMPLING
10.1 Introduction
Sampling
10.3
10.4
10.4.1
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CHAPTER 11
DATA COLLECTION TECHNIQUES AND TOOLS 11.1 Introduction
11.2 Questionnaires as a data collection method
Interviews as a data collection method
11.4 Observation as a data collection method
11.5 Survey as a data collection method
11.6 Schedule
11.7 Narrative form of data collection method
11.8 Case
CHAPTER 12
RESEARCH ETHICS AND ACADEMIC INTEGRITY
12.1 Introduction
12.2 Understanding research ethics, academic integrity and research misconduct
12.2.1 Ethics in data collection
12.2.2 Ethics in the process of research and reporting
12.3 Copyright infringement and plagiarism in legal research
12.3.1 Difference between plagiarism and copyright infringement
12.3.2 Legal Protection against copyright infringement
12.3.3 Copyright protection to the foreign work
12.3.4 Protection of special rights
12.3.5 Protection against copyright infringement to literary works
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12.3.6
12.3. 8
12.4 Unethical
12.4.1 How to identify
12.4.2
12.5
journals and publishers?
CHAPTER 13
13.1
SYNOPSIS
CHAPTER
3.1 Understanding Law and Society
3.2 Understanding ‘Socio’ in Socio-legal Research (SLR)
3.3 Ambit of Socio-legal-Research
3.4 Socio-legal Research- An Interdisciplinary Approach
3.5 Socio-legal Research Methodology
3.5.1 Theoretical and Empirical Dimensions
3.6 Challenges in Doing Socio-legal Research
3.7 Conclusion
Summary
3.1 Understanding Law and Society
Law is not created in vacuum; it is created to regulate the conduct of the members of society to bring social order. Law controls and regulates various aspects of human life much before the birth and beyond the life of a person. Law as a discipline is ‘people-centered’1 and exists in the society and for the society. It is important to examine the interface of law and society to know and understand their impact inter se. This would require exploring the social, moral, psychological, political and economic contexts in relation to law. Law is not an autonomous subject, rather it “reflects and embodies in its substance the institutions of the community. This substance of the law must be drawn from sources outside the law itself.”2
1.Barbara Bintliff, Context and Legal Research, 99 LAW LIBR. J. 249, 251, (2007).
2.S.P. Simpson & Ruth Field, Law and the Social Sciences, 32 Va. L. Rev., 855, 862 (1946).
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In view of the dynamism and complexity of both law and society, it has been bewildering and challenging – to integrate law and social knowledge; because they are both interrelated and inter-dependent. Simpson and Field have beautifully remarked on this relationship by saying that “integration of social knowledge must take account of law as a social phenomenon. Social ends are determined not only by social facts and ethical value judgments but by the human aspirations which the law at its best seeks to aid”.3 This is because laws are created to maintain social order by setting the limits for permissible conduct that reflect the social values. Simpson and Field further attribute the complexities of the substantive law to the complexity of modern society; with resultant lack of integration of social knowledge reflected in legal thinking.4 Law is nothing in itself but a reflection of social institutions in a given society. Evaluation or interpretation of law, solely on logic without consideration to social element will remain unrelated to social complexities. Laws developed on such judgment are likely to be more legally complex5 and abstract, unsuitable to address the social needs.
Another important area relevant for the engagement of jurisprudential discourse is the relationship of ‘law’ and ‘morality’. ‘Morality of law’ on one hand and the ‘legality of morals’ on the other should serve the end purpose of achieving ultimate good to the society. However, if the legislative wisdom is influenced by the pre-conditioned notions of morality and orthodoxy, it may run counter to the constitutional mandate defeating the ultimate purpose of law,6 as was evident in Bar Dancing case7 and Joseph Shine case8. In both the cases laws were challenged on the ground of inherent gender discrimination in the society. A judgment pronounced by the court is considered to be progressive if the judicial view aligns with the changing social morality and the changing social needs. Such interpretation of the existing law by the courts have the potential of changing the legal and social landscape. A number of judgments pronounced by the Hon’ble Supreme Court in the recent past have altogether altered the feminist jurisprudence by reflecting the majoritarian view.9
In view of above discussion, the inevitable relation of law and society is evident. There is no existence of ‘law’ without society. On the other hand
3. Id. at, 855.
4. Id. at, 860-61.
5. Id., at 862-63.
6. Shipra Gupta, Bar Dancing as an Employment: Legal and Moral Issues, 7:2 RLR 249, 254 (Jul.Dec. 2017).
7. State of Maharashtra v. Indian Hotel & Restaurants Assn. (2013) 8 SCC 519.
8. Joseph Shine v. Union of India (2019) 3 SCC 39.
9. See e.g., Joseph Shine v. Union of India (2019) 3 SCC 39; Independent Thought v. Union of India (2017) 10 SCC 800; Secretary, Ministry of Defence v. Babita Puniya (2020) 7 SCC 469.
law has been instrumental in bringing about social transformation. Law is a means to an end, but not an end in itself. Right from enacting a law to its implementation, and then interpretation by the judiciary in a given context, social factors remain central.
3.2 Understanding ‘Socio’ in Socio-legal Research (SLR)
According to Wheeler and Thomas, the word ‘socio’ in socio-legal studies conveys “interface with a context within which law exists, be that a sociological, historical, economic, geographical or other context.”10 The “socio” in a socio-legal research refers to “others” with which the “law” interacts, directly or indirectly. This dimension of legal research allows crossing the strict boundaries of law; making an important shift from the focus on “within”, to “outside” the law. This socio-legal dimension of law has broadened the domain of legal research. Socio-legal research is required to build theory appropriate to the social structure, which is beyond the boundary of the discipline of law. This entails fact research in law to understand the social, political, and economic dimensions affecting the social and legal structures and institutions. Law and society are inseparable. Legal issues have social implications and social problems have legal implications. The functional aspect of law cannot be studied by separating law from all these factors. According to Lisa Webley-
Socio-legal research is the examination of how law, legal phenomena and/or phenomena affected by law and the legal system occur in the world, interact with each other and impact upon those who are touched by them. The ‘socio’ is about the societal context or impact of law and legal phenomena, rather than law in books.11
3.3 Ambit of Socio-legal Research
Socio-legal research helps in knowing beyond “what the law is”, that is to know “how the law operates outside the court system” and “how it affects people who experience it” or “to know the extent to which the law works as it was intended”.12 Basically it deals with the world that revolves around the text of law, including the use of law by the people, the experience of people with law and justice.13 In words of Cotterrell, “most sociolegal work explores
10. S. Wheeler and P.A. Thomas. in F. Cownie et al, Socio-legal studies, A challenge to the doctrinal approach, in RESEARCH METHODS IN LAW 34, 35 (Dawn Watkins & Mandy Burton eds., 1st Indian Reprint 2014).
11. Lisa Webley, The Why and How to of Conducting a Socio-legal Empirical Research Project, in ROUTLEDGE HANDBOOK OF SOCIO-LEGAL THEORY AND METHODS 58, 59 (Naomi Creutzfeldt, Marc Mason & Kirsten McConnachie eds., First Published 2020).
12. Id.
13. Id.
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the power of law: how it is structured and organized, its consequences and sources, and the way people and organizations seek to harness it, have differential access to it or find themselves differentially affected by it.”14
The non-doctrinal/ or the socio-legal research may be categorised as- problem, policy, and law reform research, which would include a consideration of the social factors and /or the social impact of current law and practice.15 The capacity to understand and evaluate ‘law in the real world’ will be beneficial in other contexts too, such as consultancy, government, law reform and advocacy. It may form a sound basis to recommend change to law or legal policy.16 As compared to ‘pure’ doctrinal legal research, the non-doctrinal/ socio-legal research has the potential of producing different outcomes by addressing law as a social phenomenon. Law has contributed as a catalyst of change in the society.
3.4 Socio-legal Research - An Interdisciplinary Approach
Socio-legal research is concerned with multi-dimensional phenomena, in quest of finding (social) ‘reality’. Since the reality is single, it is not possible to know the same from a compartmentalised (disciplinary) perspective. Such ‘disciplinary’ approach would violate the identity of reality. To understand social reality, let us take an example- if a case of serial killer is studied only from the perspective of criminology, it will not give satisfactory explanation of such behaviour, unless psychological and behavioural aspects of his personality or state of mind are also taken into account. The sociological analysis of his family condition and other factors like age, education, economic status etcetera would also be relevant. Furthermore, forensic analysis of the weapons used to kill would also unfold the story of the modus operandi of the killer. Thus for wholistic understanding of such case, an interdisciplinary approach will be helpful that includes legal, sociological, psychological and forensic science perspectives. The fact of killing a person, i.e. murder (as per law) is to be seen as a social fact or social event having various dimensions. It would not be wrong to say that no single branch of knowledge can possibly address a reality in its totality. Despite contextual compulsions, reality cannot be fragmented. This makes it expedient to look beyond one’s discipline. For example, to study the problem of corruption, only from the perspective of law, would not give the holistic picture of the phenomenon. Thus the
14. Roger Cotterrell, Subverting Orthodoxy, Making Law Central: A View of Socio-legal Studies, 29:4 L.& Soc’y., 632, 643 (Dec. 2002).
15. Ian Robinson & Francis Johns, Qualitative Legal Research, in RESEARCH METHODS FOR LAW 16, 20 (Mike McConville & Chui eds., 2d ed. 2017).
16. Citing Terry Hutchinson (2013) in Felicity Bell, Empirical Research in Law, 25:2 Griffith Law Rev. 262, 273 (2016).
terms ‘corruption’, ‘globalisation’, ‘liberalism’ may mean different to legal philosophers than non-legal philosophers. The perspectives of economist, anthropologist, political scientist or a sociologist may contribute differently to the understanding of law as a social phenomenon.
Meaning of Interdisciplinarity
Lately it has been realised that the utility of legal research lies in the study of “the relationship between the world of law and the world that the law purports to govern.”17 This makes it expedient to look beyond the ‘text of law’ in order to understand the ‘law in action’. Such understanding requires cross-fertilization of disciplines that would introduce varied perspectives and methods of other disciplines to study law as a social phenomenon, and to go beyond the myopic understanding of law. Inter-disciplinary approach signifies disciplinary transcendence; that implies looking beyond one’s own discipline. While confining to a monodisciplinary perspective to look at a ‘reality’, that is inherently multidimensional, is bound to give the fragmented picture of reality. Disciplinary vision is constrained vision. In order to outgrow disciplinary incapacity, one has to look beyond one discipline. The inter-disciplinary approach provides the ability to interlink and integrate diverse phenomenon so as to comprehend the reality in totality. Interdisciplinarity calls for fusion of disciplinary perspectives, which is possible with disciplinary interface, something more than transcending into another discipline.
The Oxford English Dictionary defines ‘interdisciplinary’ as ‘of or pertaining to two or more disciplines or branches of learning’ or ‘contributing to or benefiting from two or more disciplines’. This definition barely elucidates the nature of relationship between academic disciplines implied by the word. In practice, the term has been used very loosely by scholars in many disciplines to describe - and justify - a very wide range of academic inquiry.18 Simply put, interdisciplinarity implies an integration or synthesis – an interconnection between different academic disciplines,19 and the juxtaposition of law and other disciplines in a ‘space of encounter’ especially in academic legal research.20
Interdisciplinarity has been understood to mean “an analytically reflective study of the methodological, theoretical, and institutional implications of
17. George D Bradwen, Legal Research: A Variation on an Old Lament, 5:1 J. Legal Educ., 39, 39-40 (1952).
18. Douglas W. Vick, Interdisciplinarity and the Discipline of Law, 31:2 J. Law and Soc. 163, 164 (Jun. 2004).
19. Id.
20. Citing L. Kalman in Id.
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implementing interdisciplinary approaches to teaching and research.”21 Interdisciplinary studies help in the understanding of social phenomena through the application of insights and perspectives from more than one conventional discipline. Interdisciplinarity is believed to bring in “unification of knowledge” as a counter response to the “disciplinary fragmentation”.22 Socio-legal scholarship offers a new perspective on law by cutting strings from ‘claustrophobic world of legal scholarship’ that is well-guarded within four walls of ‘law-as-discipline’.23 As a necessary corollary to these walls guarding doctrinalism, DLR lacks both interdisciplinarity and empiricism, and is disconnected with the social reality, thus contrasting with the SLS. If we take an example of the study of increasing crime, that is restricted to the inquiry of law or legal framework, it might not give the correct picture of the situation. Rising incidence of crime could be the result of political unrest, socio-economic condition, psychological factors, geographical conditions, poor law and order situation and so forth. Inquiry into such multi-dimensional reality from the perspective of a single discipline cannot be expected to bring forth the complete picture of the situation. The context warrants the demolition of disciplinary boundaries. It rather calls for embracing, internalising and incorporating other disciplines in order to view ‘reality’ in totality.
3.5 Socio-legal Research Methodology
Socio-legal study has been referred as heterogeneous toolbox of methodological possibilities,24 employing both quantitative and qualitative methods of social science research. It represents a multiplicity of approaches that may be employed to study law in context. 25 Used as a broad umbrella term, ‘socio-legal’ generally signifies the interaction between methodologies within both the legal and sociological research fields.26 Socio-legal studies are essential for true understanding of how law and legal institutions operate, as
21. Ramond C. Miller, Interdisciplinarity: Its Meaning and Consequences, International Studies, International Studies Association and Oxford University Press (published 27 Aug., 2020) https://oxfordre.com/internationalstudies/display/10.1093/acrefore/9780190846626.001.0001/ acrefore-9780190846626-e-92?d=%2F10.1093%2Facrefore%2F9780190846626.001.0001%2Facrefore-9780190846626-e-92&p=emailAEc5eYV2.CkAA
22. Id.
23. Cotterrell, supra note 14, at 633.
24. Thomas Peck, Interdisciplinary Methodological Approaches to Desk-Based Socio-legal Human Rights Research, Law and Method, January 2023, https://www.lawandmethod.nl/tijdschrift/ lawandmethod/2023/01/lawandmethod-D-22-00001.
25. Id.
26. Id.
embedded in other social processes and institutions. 27 Thus interdisciplinary or socio-legal research gives a wider base to the ‘theoretical and conceptual framework’. Furthermore, employing the specific methodologies of social sciences helps in the generation of empirical evidence to answer research questions.28 The Arthur’s Report in Canada also encouraged the interdisciplinary perspective and the use of methodologies borrowed from social sciences to study the law in operation.29 For meaningful outcomes, the collaboration of law and social science disciplines has long been emphasised. There are however, some misconceptions associated with interdisciplinary research that need to be dismantled. First, it is generally misconstrued that interdisciplinary research involves negation of one’s own discipline, which is not true. Interdisciplinary approach does not negate or reject the disciplinary knowledge; rather it pre-supposes the existence of various disciplines. Second, interdisciplinary approach cannot be equated with multidisciplinary or transdisciplinary approach. Multidisciplinary approach implies plurality of disciplines in the study of an object, in which the elements of each of the related disciplines can be identified separately and can be used at the same time. This approach juxtaposes parts of several conventional disciplines in an effort to get a broader understanding of some common theme or problem. However the elements of the different disciplines are not merged.30 It can be likened with patchwork. Such studies may involve a number of scholars from different fields who work together to ascertain a phenomena. While interdisciplinary approach involves complete fusion of separate elements of different disciplines into a single entity.31
Interdisciplinary approach can be classified into multidisciplinary and transdisciplinary approaches. All of these approaches can be distinguished on the continuum of different levels of synthesis, integration and synergy. Transdisciplinary approaches involve articulated conceptual frameworks that seek to transcend the more limited world views of the specialized conventional disciplines.32 In a legal study involving forensic evidence, if the researcher transcends the legal provisions, rules and principles and develops
27. Carrie Menkel-Meadow, Uses and abuses of socio-legal studies, in ROUTLEDGE HANDBOOK OF SOCIO-LEGAL THEORY AND METHODS ROUTLEDGE 38 (N. Creutzfeldt et al, eds., 2018) https://www. routledgehandbooks.com/doi/10.4324/9780429952814-3 (last visited Feb. 3, 2022).
28. Mike McConville & Wing Hong Chui, Introduction and Overview, in RESEARCH METHODS FOR LAW, 5 (Mike McConville & Wing Hong Chui eds., 2017).
29. Cited in Terry Hutchison, Developing legal research skills: expanding the paradigm, 32 Melb. Univ. Law Rev. 1065, 1068 (2008).
30. Miller, supra note 21.
31. Vick, supra note 18, at 165.
32. Miller, supra note 21.
the study around the principles of forensic science, would be an example of transdisciplinary research.
3.5.1 Theoretical and Empirical Dimensions
It becomes pertinent to point out that socio-legal research is not only restricted to the analysis of evidence-based empirically collected data; but may also include the analysis of ‘concepts’, for deeper understanding of law as a social phenomenon. Socio-legal studies display considerable “eclecticism in subject-matter, theorising and methodology”33 that include broad and diverse area of research activity covering both theoretical and empirical analysis of law as a social phenomenon.34 In order to understand the role of law and legal institutions embedded in social interactions, it requires multidisciplinary knowledge. The study of law beyond the strict confines of legal framework, can be differentiated from its doctrinal aspects. Therefore, the study of law in action, outside the law in books or the black letter law, in its non-doctrinal aspect, is referred as socio-legal study, which can be both theoretical or empirical.
a. Theoretical Socio-legal Research
If the study involves conceptual analysis of law as a social phenomenon, it would be a ‘theoretical’ socio-legal study. Cownie and Bradney consider ‘appropriate theoretical approach and method of investigation’ as an equally important aspect of socio-legal research as collection, analysis and dissemination of information and data.35 Consider the debate on ‘autonomy over body’ and the ‘right to life’ in context of legalising medical termination of pregnancy. For a study revolving this debate, the analysis of ‘legal limits for termination of pregnancy’ ought to be carried out in the backdrop of the conceptual basis of autonomy and right to life. This illustrates how theoretical socio-legal research, beyond the legal framework, integrates legal analysis with broader theoretical and social contexts, emphasising the role of theoretical frameworks in understanding legal principles.
“Contextualism” is said to have broadened “the study of law from within”, but a great lot of enriching insights have come “from without”, with invaluable contributions from social scientists, philosophers, political theorists, political economists, historians, sociologists; such as to name a few- Karl Marx, Max Weber, Émile Durkheim, Eugen Ehrlich, Georges Gurvitch, and
33. Citing ESRC, Review of Socio-legal Studies: Final Report in F. Cownie et al, Socio-legal studies, A challenge to the doctrinal approach, in RESEARCH METHODS IN LAW 34, 35 (Dawn Watkins & Mandy Burton eds., 1st Indian Reprint 2014).
34. F. Cownie et al, Socio-legal studies, A challenge to the doctrinal approach, in RESEARCH METHODS IN LAW 34, 35 (Dawn Watkins & Mandy Burton eds., 1st Indian Reprint 2014). 35. Id.
Jürgen Habermas, Michel Foucault and Pierre Bourdieu.36 Commenting on the importance of theory in sociolegal research, Cotterrell points out that theory provides perspective in a complex, diverse field. According to himBeyond a sense of tradition, sociolegal scholarship needs more theory addressing the nature of contemporary law. It needs theory to map and organize the sociolegal realm…. [t]he idea of ‘the social’ and its empirical variability … needs more centrality in sociolegal theory. Sociolegal theory has the job of bringing the social as an object of rigorous inquiry into the study of law.37
Economic and Social Research Council’s Report 1994 defines socio-legal studies as an “approach to the study of law and legal processes” which “covers the theoretical and empirical analysis of law as a social phenomenon”.38 Therefore, all socio-legal research is not necessarily empirical. 39 It may also be theoretical.
b. Empirical Socio-legal Research
If the study involves systematic collection of evidence (empirical data) and its analysis according to some generally accepted method, it would be referred as empirical research.40 This data could be numerical (quantitative) or non-numerical (qualitative) or may be combination of both. In field research, data collected directly from the research subjects, is referred as primary data, while the data gathered from the secondary sources, is the secondary data.41 Empiricism is based on the understanding that all knowledge can only be gained by experience.42
In a legal research context empiricism is frequently contrasted with ‘doctrinal’ work – research based on analysis of legal texts and doctrines. Empiricism implies evidence based data collection through observation, experience or experiment; which has been referred as ‘healthy pluralism’ of approaches.43 To study law in action or law in context, inclusion of empiricism is required
36. Roger Cotterrell, A Socio Legal Quest: From Jurisprudence to Sociology of Law and Back Again, Queen Mary Law Research Paper No. 408/2023, 1, 4, https://papers.ssrn.com/sol3/papers. cfm?abstract_id=4622400 (last visited Oct. 12, 2024).
37. Cotterrell, supra 14, at 636.
38. Supra note 33.
39. Cownie et al, supra note 34.
40. FRANS L. LEEUW WITH HANS SCHMEETS, EMPIRICAL LEGAL RESEARCH, A GUIDANCE BOOK FOR LAWYERS, LEGISLATORS AND REGULATORS 10 (2016).
41. In DLR, primary and secondary data comprise of the primary and secondary authorities (sources) of law.
42. Rationalism vs. Empiricism, Stanford Encyclopaedia of Philosophy, (first published Aug. 19, 2004) https://plato.stanford.edu/entries/rationalism-empiricism
43. Citing Peter Cane and Herbert M Kritzer (2010) in Felicity Bell, Empirical Research in Law, 25:2 Griffith Law Rev. 262, 263 (2016).
62
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for the wholistic understanding of how the law works in practice. Reliance on the primary data over secondary data would provide better understanding of the functional aspect of law based on credible evidence. The impact of law and legal institutions on the society; and the impact of social, economic, political factors (associated with other disciplines) on legal phenomenon and legal institutions, can be best understood by combining empiricism with theoretical and conceptual framework.
The recent development in legal scholarship has been its “independence from established disciplinary structures, institutional constraints”.44 The resultant trend of empirical socio-legal studies has contributed greatly towards advancing the knowledge of law as a social phenomenon and its working, in comparison to what has been produced by pure doctrinal research in the past.45 For finding answers to various questions related to “some aspect of the legal decision process”, or “the people and institutions supposedly regulated by law”, it has been realised that non-doctrinal legal research would be more appropriate for collecting the required ‘data’ by field work, which is not otherwise available in conventional legal sources.46 Importance of empiricism can be seen in an example where the Hon’ble Supreme Court in the famous dance bars case,47 while deciding on the non-closure of dance bars, took into consideration the SNDT Report which was not in favour of closing down the dance bars. Such reliance on the empirical data by the judiciary affirms its use in the judicial decision process as well. Giving due consideration to the public opinion of the stake holders before enacting a social legislation is also a dimension of empiricism.
To study how the law works in society has lead the legal scholars to infuse evidence and methods from other disciplines (social research methods) into their reasoning to come up with credible findings that would be helpful in reform recommendations.48 There is a particular power in empirical work that enables subjects to speak for themselves.49 The study of ‘practical reality’ by empirical research is what distinguishes the doctrinal research that studies ‘formal law’. Empirical Legal Study (ELS) does not mandate a new kind of research but rather brings together and consolidates empirical research
44. Desmond Manderson and Richard Mohr, From Oxymoron to Intersection: An Epidemiology of Legal Research, 6 Law Text Culture 159, 178 (2002).
45. Roger Cotterrell, Law’s Community: Legal Theory in Sociological Perspective, in RESEARCH METHODS FOR LAW, 5 (Mike McConville & Wing Hong Chui eds., 2017).
46. Ernest M. Jones, Research Methodology, Some Current Trends in Legal Research, in RESEARCH METHODOLOGY 24, 33 (S.K. Verma & M. Afzal Wani eds. 2d ed. 2001).
47. State of Maharashtra v. Indian Hotel & Restaurants Assn. (2013) 8 SCC 519.
48. Terry Hutchison, The Doctrinal Method: Incorporating Interdisciplinary Methods in Reforming the Law, 3 ELR 130 (2015).
49. Felicity Bell, Empirical Research in Law, 25:2 Griffith Law Rev. 262, 274 (2016).
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relevant to law that previously took place primarily in faculties of social science, usually under a more traditional label, such as political science, criminology, sociology or social psychology.50 Empirical socio-legal research has contributed immensely to broadening understandings of law as a social phenomenon.51 Socio-legal empirical work has played a significant role in the theoretical understanding of law as a social and political phenomenon; and has contributed immensely in the elucidation of the practices and procedures of legal, regulatory, redress and dispute resolution systems and the impact of legal phenomena on a range of social institutions, on business and on citizens.52
On Socio-Legal Studies (SLS) Roger Cotterrell has pointed out that-
“SLS now is usually seen as a wider reaching out … into many disciplines in the social and human sciences and the humanities that can illuminate the nature of law. But, in most understandings, SLS retains an aspiration to systematic empirical research on legal institutions, practices and experiences, treating law as a field or aspect of social life.53”
Prof. Susan McVie suggests the empirical research in law to be encompassing various research methods, which mainly fall in the following three categories:54
First, it is the quantitative design, that requires quantifiable evidence to study social phenomena. This design requires application of statistical techniques for the analysis of the quantitative data collected by the researcher to create valid and reliable generalisations about the world around.
Second, the qualitative design focusses on the understanding of the underlying social phenomenon and processes. This can be done by using both “direct observation and communication” with the participants and text analysis. This design is tilted more towards “contextual and subjective accuracy over the more generality” in contrast with quantitative design.
Third, it would be ideal to employ mixed method approach by combining the above two designs. This can be done by the analysis of both quantitative and qualitative data to find answers to our research questions. The best would
50. Baldwin & Davis in Gareth Davis, The Relationship Between Empirical Studies and Doctrinal Legal Research, 2 ELR 3, 5 (2020).
51. Cotterrell, supra note 36, at 5.
52. Paddy Hillyard, Law’s Empire: Socio-legal Empirical Research in the Twenty-first Century, 34:2 J. Law and Soc. 266, 268 (Jun. 2007).
53. Cotterrell, supra note 36, at 2.
54. Susan McVie, Socio-Legal Empirical Research, Methods, Capacity Building Resource in Interdisciplinary Research Methodology for Social Sciences, https://www.create.ac.uk/methods/ methodological-challenges/socio-legal-empirical-research/index.html (last visited Feb. 08, 2024).
be to integrate quantitative and qualitative methodology to complement each other.
For better understanding of law and the workings of the legal system Lee E. Teitelbaum recommends the greater use of empirical research in general: If laws are intended to produce certain results, questions about whether they do produce the expected results, whether they produce other results, and whether the identifiable results are as consistent with the reason for law as one might have anticipated, are all important to examine.55
[Italics original]
3.6 Challenges in Doing Socio-legal Research
Legal research has traversed a long way from pure legal research with dominant doctrinal methodology to non-doctrinal research, combining social science methods and methodologies. The acceptance of interdisciplinarity has broadened the scope of legal research, transcending beyond the doctrinal boundaries to make way into other disciplines. This socio-legal component in legal research has popularised the adoption of social science methodologies, including empirical methods for evidence based research. The biggest challenge in this regard is the lack of training for conducting empirical legal research. Socio-legal research is more expensive, it calls for additional training; and it entails great commitments of time and energy to produce meaningful results, either for policy-makers or theory-builders.56 Legal researchers usually lack empirical skills and are not trained to conduct the large scale quantitative research. The empirical research within law has tended to focus on the qualitative rather than going down the quantitative route.57
As pointed by Emilie Cloatre and Dave Cowan there are three main sets of such difficulties faced in doing socio-legal research.
First is the ‘question of identity’ as a distinct field. Despite assertion as a distinct field of study, SLS has been unable to establish the precise nature of that distinctiveness.
Second, socio-legal scholarship has rendered the boundaries of the “legal” fragile, at times to the point of effacement. This may lead to undermining
55. L. E. Teitelbaum, An Overview of Law and Social Research, 35 J. Legal Educ.465,466 (1985).
56. S.N. Jain, Doctrinal and Non-doctrinal Research, in RESEARCH METHODOLOGY 78-79 (S.K. Verma & M. Afzal Wani eds., 2d ed. 2001).
57. McVie, supra note 54.
law as an object of analysis. Further SLS also requires a proficiency in the interdisciplinary tools needed to explore broader social patterns that goes beyond the simple borrowing of ideas or methods.
Third, socio-legal scholarship, in spite of its growth and increasing visibility, remains marginal in parts of the legal academy.58
Despite all of these challenges the contribution of the SLR cannot be undermined. There is an urgent need to develop the tools for socio-legal research and train the legal scholars in conducting empirical research. Socio-legal research should be embraced as an integral part of legal research in order to overcome the difficulties in doing socio-legal research.
3.7 Conclusion
Any research other than doctrinal research is referred as Non-Doctrinal Legal Research (NDLR) in the discipline of law. NDLR is also referred as Socio-Legal Research (SLR) or interdisciplinary research. Centuries old predominance of doctrinalism in legal research, that was restricted to black letter law, no more holds the ground as before, with the realisation that to study interlinkage of law and society, DLR methodology falls short in answering all the relevant questions effectively and efficiently. The effect of law in action can only be studied by considering the outside factors encompassing ‘law’, which is only possible by transgressing the disciplinary boundary of strict doctrinalism.
With intrusion of socio-legal perspectives into almost all areas of legal scholarship, SLR has not only made its place but has enriched law-as-discipline. The socio-legal studies have extended their reach in drawing new insights about the laws.59 Therefore, legal research has evolved with time by opening up to areas otherwise untouched by the DLR. Socio-legal dimension of legal research has broadened the ambit and reach of legal research.
SUMMARY
Socio-legal research is different from pure legal research as it adds the social dimension to the legal research.
To study the inevitable interface of law with the society, it is important to understand the ‘socio’ in socio-legal studies. This requires insight into the context within which law exists, be that a sociological, historical, economic, geographical or other context.
58. Emilie Cloatre and Dave Cowan, Indefensible and Irresponsible, Interdisciplinarity, truth and #rewiewer2 in ROUTLEDGE HANDBOOK OF SOCIO-LEGAL THEORY AND METHODS 97, 107 (Naomi Creutzfeldt, Marc Mason & Kirsten McConnachie eds., First Published 2020). 59. Cotterrell, supra note 14.
AUTHOR : SHIPRA GUPTA, NEELAM BATRA
PUBLISHER : TAXMANN
DATE OF PUBLICATION : AUGUST 2025
EDITION : 2025 EDITION
ISBN NO : 9789364551519
NO. OF PAGES : 328
BINDING TYPE : PAPERBACK
Legal Research Methodology Rs.
DESCRIPTION
Legal Research Methodology is a modern, classroom-tested textbook that integrates doctrinal (‘blackletter’) methods with socio-legal and empirical approaches. It enables readers to locate and interpret the law, apply rigorous analysis, and understand how law operates within society. The book begins with foundational concepts, including sources of law and legal reasoning. It then develops hands-on research skills, including literature reviews, problem formulation, research design, sampling, and data collection/ analysis. It concludes with research ethics, plagiarism, copyright, and predatory journals. This book is intended for the following audience:
• LL.B./B.A.LL.B. & LL.M. Students
• Faculty & Researchers
• Practitioners, Policy Researchers & Judges’ Law Clerks
• Interdisciplinary Scholars
The Present Publication is the Latest Edition, authored by Prof. (Dr) Shipra Gupta & Dr Neelam Batra, with the following noteworthy features:
• [Complete Methodological Coverage] Explains methodology as a framework of paradigm, research design, and approach; contrasts doctrinal with socio-legal methods
• [Practical & End-to-end] Covers the full research cycle: problem identification, questions/ hypotheses, design, sampling, data collection, analysis, and reporting, with summaries for quick revision
• [Legal Reasoning] Dedicated chapter on inductive/deductive reasoning, fallacies, and syllogisms
• [Modern Research Tools] Lists key e-resources such as India Code, PRS, Indian Kanoon, etc., for authoritative research
• [Ethics & Integrity] Exclusive focus on plagiarism, copyright, predatory publishing, and journalselection criteria
• [Judicial Endorsement] Foreword by Justice Augustine George Masih, Supreme Court of India, recognising the book’s balance of academic rigour and practical utility