1

RAJIV GANDHI NATIONAL UNIVERSITY

OF LAW
PATIALA, PUNJAB – 147001

Subject: Legal Research Methodology

How the Concept of Research Came Into Existence in Social Science

Submitted in the partial fulfillment of B.A.LL.B. (Hons.) 1st semester

november 2009.
Submitted to: submitted By:
Ms. Gagandeep Malhotra Deepak Thakur(415)
Raj singh(407)
Raunak Dixit (405)
Sewak Singh (417)
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Acknowledgement

On the successful accomplishment of this project, we would like to take the opportunity
to convey our gratitude to God, and our parents who has given us enough strength and
blessing to work hard and make it to the best of our ability.
We would like to thank our Legal research Methodology mentor Ms. Gagandeep
Malhotra, who despite of all her pre-occupations provided us all the assistance and
guidance we needed for the accomplishment of this project.
We would like to convey our gratitude to the friends, who have rendered us their
valuable times and without whose help , this project would not have been in its present
form and shape.
Last but not the least we would like to thank the library staff of the RGNUL.
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CONTENT

1. INTRODUCTION……………………………………………..…04

1.1 Objectives of Research

1.2 Meaning of research Definition of research

1.3 Types of research

1.4 Significance of research

2. ORIGIN OF RESEARCH IN DIFFERENT SOCIAL SCIENCES…11

3. ORIGIN OF RESEARCH IN THE FIELD OF LAW……….…13

4. CONCLUSION…………………………………………………….20

5. BIBLOGRAPHY………………………………………………….21
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1. INTRODUCTION

As a matter of facts there is no particular origin of research, any thing which is

discovered for the first time is considered to be a research. It is not necessary that
research will always be pre planned it may be due to a mistake also for i.e. Newton’s
discovery of law, it was not a planned process therefore research is considered as
discovery of new facts or to modify older ones in any branch of knowledge. It is
presumed by researchers that the origin of the research is curiosity because it is believed
that its only curiosity of a person to learn and search for new facts, it is curiosity only
which instigates the person to explore more and more. In simple words research can be
defined as any scholarly investigation in search for truths, for facts, for certainties.
Systematized efforts to gain knowledge is also known as research.

Research can be defined to be search for knowledge or any systematic investigation to

establish facts. The primary purpose for applied research (as opposed to basic research) is
discovering, interpreting, and the development of methods and systems for the
advancement of human knowledge on a wide variety of scientific matters of our world
and the universe1. Research can use the scientific method, but need not do so.

1 Sjoberg Gideon & Nett Roger, A Methodology for social Science research,2002,Rawat Publications,New
Delhi,p.3.
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Scientific research relies on the application of the scientific method, a harnessing of

curiosity. This research provides scientific information and theories for the explanation of
the nature and the properties of the world around us2. It makes practical applications
possible. Scientific research is funded by public authorities, by charitable organizations
and by private groups, including many companies. Scientific research can be subdivided
into different classifications according to their academic and application disciplines3

1.1 Objectives of Research

The purpose of research is to discover answers to questions through the application of

scientific procedures. The main aim of research is to find out the truth which is hidden
and which has not yet been discovered. Though each research study has its own specific
purpose, some of them are as follows:-

i) To gain familiarity with a phenomenon or to achieve new insights into it

(studies with this object in view are termed as exploratory or formulative
research studies)4.
ii) To portray accurately the characteristics of a particular individual, situation or
a group (studies with this object in view are known as descriptive research
studies).
iii) To determine the frequency with which something occurs or with it is
associated with something else (studies with this objective in view are known
as diagnostic research studies).
iv) To test a hypothesis of casual relationship between variables (such studies are
known as hypo- testing research studies).

2 S.R Myneni, Legal Research Methodology, Allahabad Law Agency, Faridabad, 2007, p.12.
3 Ib 23
4 C.R,Kothari.Research Methodology Methods and Techniques,2009, New Age International
Publishers,New Delhi,p.15.
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1.2 Meaning of research

Research in common parlance refers to a search for knowledge. One can also define
research as a scientific and systematic search for pertinent information on a specific
topic. In fact, research is an art of scientific investigation. The Advanced Learner’s
Dictionary of current English lays down the meaning of research as “a careful
investigation or inquiry specially through search for new facts in any branch of
knowledge.” some people consider research as a system a movement, a movement from
the known to the unknown. The inquisitiveness is the mother of all knowledge and the
method, which man employs for obtaining the knowledge of whatever the unknown, can
be termed as research5.

Research is an academic activity and as such the term should be used in a technical sense.
Research is, thus, an original contribution to the existing stock of knowledge making for
its advancement. It is the pursuit of truth with the help of study, observation, comparison
and experiment. In short, the e term problem is research6. As such the term ‘research’
refers to the systematic method consisting of enunciating the problem, formulating a
hypothesis, collecting the facts or data, analyzing the facts and reaching certain
conclusion either in form of solution towards the concerned problem or certain
generalization for some theoretical formulation

1.1 Definition of research

Redman and Mory define research as a “systematized effort to gain new knowledge.7”

5Goode, J.William and Paul K. Haut, Methods in Social Research, Surjeet Publications, New Delhi, 2000,
p.21
6 ibid
7 Ib p.23
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Clifford Woody define research as “defining and redefining problems, formulating

hypothesis or suggested solutions; collecting, organizing and evaluating data; making
deductions and reaching conclusions; and at last carefully testing the conclusions to
determine whether they fit the formulating hypothesis or not8.”

M. Stephenson define research as “the manipulation of things, concepts or symbols for

the purpose of generalizing to extend, correct or verify knowledge, whether that
knowledge aids in construction of theory or in the practice of art9.”
Advanced Learner’s Dictionary of current English lays down the meaning of research as
an “a careful investigation or inquiry especially through search for new facts in any
branch of knowledge10.”
1.4 Types of research
The basic types of research are as follows:-

i) Descriptive vs. analytical: Descriptive includes surveys and facts finding

enquiries of different kinds. The major purpose of descriptive research is
description of the state of affairs as it exists at present. In social sciences
research we quit often use the term Ex post facto research for descriptive
research studies. In analytical research, on the other hand has to use facts or
information already available, and analyze these to make a critical evaluation
of the material11.
ii) Applied vs. fundamental: Research can either be applied or fundamental
research. Applied research aims at finding a solution for an immediate
problem facing a society or an industrial/business organization, whereas

8 Good, Barr and Scates, Methodology of Educational Research, 1962,Appleton Crofts, New York,p.19.

9 ibid
10 Oxford advanced learning dictionary,oxford university press,2004,London,p.328
11C.R.Kothari, Research Methodology Methods and Techniques,2009, New Age International
Publishers,Jaipur,p.32.
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fundamental research is mainly concerned with generalizations and with the

formulation of theory.
iii) Quantitative vs. Qualitative: Quantitative research is based on the
measurement of quantity or amount. It is applicable to phenomenon that can
be expressed in terms of quantity. Qualitative research, on the other hand, is
concerned with qualitative phenomenon, i.e., phenomenon relating to or
involving quality or kind.
iv) Conceptual vs. Empirical: Conceptual research is that related to some abstract
ideas or theory. It is generally used by philosophers and thinkers to develop
new concepts or to reinterpret existing ones. On the other hand, empirical
research relies on experience or observation alone, often without due regards
for system and theory12. It is data based research, coming up with conclusions
which are capable of being verified by observation or experiment.

1.5 Significance of research

i. Research inculcates scientific and inductive thinking and it promotes the

development of logical habits of thinking and organization.
ii. The increasingly complex nature of business and government has focused
attention on the use of research in solving operational problems. For instance,
government’s rest in part on an analysis of the needs and desires of the people
and on the availability of revenues to meet these needs .The cost of needs has
to be equated to probable revenues and this is a field where research is most
needed.
iii. Research has its significance in solving various operational and planning
problems of business and industry.

12 ibid
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iv. Research is equally important for social scientists in studying social

relationships and in seeking answers to various social problems.

2. ORIGIN OF RESEARCH IN DIFFERENT SOCIAL SCIENCES

i) Sociology: Sociology is the scientific or systematic study of human societies.

It is a branch of social science (with which it is informally synonymous) that
uses various methods of empirical investigation and critical analysis to
develop and refine a body of knowledge about human social structure and
activity, often with the goal of applying such knowledge to the pursuit of
social welfare. Its subject matter ranges from the micro level of face-to-face
interaction to the macro level of societies at large13.

13 RGNUL study supplement for sociology,for 1st year,2009,p.08

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Sociology is a broad discipline in terms of both methodology and subject matter. Its
traditional focuses have included social stratification (or class); social relations, social
interaction, religion, modernity, culture and deviance, and its approaches have included
both qualitative and quantitative research techniques. This research is always been an
important part of sociology and uses its different types to make it more explained and
understandable i.e., empirical research, qualitative research, quantitative research etc.
these research types helps the sociologists to provide different types of information,
therefore research is considered to be an inseparable part of sociology14.

ii) History: for writing history one has to utilize various processes right from the
collection of the source material up to the giving of the bibliography towards
the end of the book. A research has to be based on original sources, which
may be published or unpublished. It must also embody the original
contribution of the author. A mere narration of facts is no real history, for it
would be a mere catalogue of events and dates. The life breath of history is
interpretation, which also gives a definite viewpoint to a work of history15.

History, it is said to be the written objectively. What is really meant by the

expression is that the whole narrative of facts, the interpretation of facts, and
the conclusion deduced there from, must be always based on the solid
foundation of historical facts carefully selected from the vast mass of source
materials having varying degrees of credibility. Therefore it can be easily seen
that from collecting of material to writing there is a great need of research,
without research it is impossible to have history, i.e., Newton discovered law
of gravitational force and it became history and after that, now also research is
required for writing on to that subject so research and history are deeply

14 Ib p.20
15 Myneni,S.R, History For Pre Law Student ,2008,Allahabad Law Agency,Allahabad ,p.31.
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connected with each other or you can say that research is an integral part of
history which cannot be separated from it.
iii) Psychology: Psychology is defined as an study of state of mind, it is an
subject which studies the cause of all the things, it is a typical subject with the
typical objectives, it requires study of different perspective of a person under
different situations or circumstances, which require a great research work such
as, analyzing, creating hypothesis, and then testing whether hypothesis is fit
for treatment or not, therefore psychology is greatly depended upon research,
only an good research work can help a psychologist to achieve success in
study/case, so it is clearly seen that without research psychology is
incomplete, and origin of research in psychology cannot be said exactly but it
is proved that research is being used with psychology since psychology since
psychology came into existence.

iv) Political science: political science has always been most interesting
subject for most of the researchers, it is a subject in which each and every
field requires a good work of research, from the small colony to the whole
country, from individual to the group research is required, they need to
identify target voters, needs of the society, past work, its impact, & the work
which public wants to be done in future, policies need to be implemented in
the society, ways of getting votes, how to change the mind of the voters and
even advertisements, campaigns & pamphlet are result of good research,
therefore it can be seen that research is required in each and every field even
in policy making government and politicians need to research about the
market trends and formulate the policies accordingly. So origin of research in
political science is from the beginning when political science came into
existence. It can be proved because political science or any other subject
cannot be move or study further because everything / subject has an end and
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research is a subject which restricts the end by providing new facts and
knowledge to the subject.

3. ORIGIN OF RESEARCH IN THE FIELD OF LAW

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Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code that was
probably broken into twelve books. It was based on the concept of Ma'at, characterized
by tradition, rhetorical speech, social equality and impartiality.By the 22nd century BC,
the ancient Sumerian ruler Ur-Nammu had formulated the first law code, which consisted
of casuistic statements ("if ... then ..."). Around 1760 BC, King Hammurabi further
developed Babylonian law, by codifying and inscribing it in stone. Hammurabi placed
several copies of his law code throughout the kingdom of Babylon as stellar, for the
entire public to see; this became known as the Codex Hammurabi. The most intact copy
of these stellar was discovered in the 19th century by British Astrologists, and has since
been fully transliterated and translated into various languages, including English,
German, and French.

The Old Testament is likely the oldest surviving body of law still relevant to
modern legal systems. It dates back to 1280 BC, and takes the form of moral imperatives
as recommendations for a good society.The small Greek city-state, Ancient Athens, from
about 8th century BC was the first society to be based on broad inclusion of its citizenry;
excluding women and the slave class. However, Athens had no legal science, and no
word for "law" as an abstract concept .Yet Ancient Greek law contained major
constitutional innovations in the development of democracy. Roman law was heavily
influenced by Greek philosophy, but its detailed rules were developed by professional
jurists, and were highly sophisticated. Over the centuries between the rise and decline of
the Roman Empire, law was adapted to cope with the changing social situations, and
underwent major codification during Justinian I.

Although it declined in significance during the Dark Ages, Roman law was rediscovered
around the 11th century when medieval legal scholars began to research Roman codes
and adapt their concepts. In medieval England, the King's judges developed a body of
precedent, which later became the common law. A Europe-wide Lex Mercatoria was
formed so that merchants could trade with common standards of practice; rather than
with the many splintered facets of local laws. The Lex Mercatoria, a precursor to modern
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commercial law, emphasized the freedom of contract and alienability of property] as

nationalism grew in the 18th and 19th centuries, Lex Mercatoria was incorporated into
countries' local law under new civil codes. The French Napoleonic Code and the German
became the most influential. In contrast to English common law, which consists of
enormous tomes of case law, codes in small books are easy to export and easy for judges
to apply. However, today there are signs that civil and common law are converging. EU
law is codified in treaties, but develops through the precedent laid down by the European
Co.

Islamic law and jurisprudence developed during the middle Ages. The methodology of
legal precedent and reasoning by analogy used in early Islamic law was similar to that of
the later English common law system. This was particularly the case for the Maliki
school of Islamic law active in North Africa, Islamic Spain and the Emirate of Sicily.
Between the 8th and 11th centuries, Maliki law developed several legal institutions.

Ancient India and China represent distinct traditions of law, and have historically had
independent schools of legal theory and practice. The Arthashastra, probably compiled
around 100 AD (although it contains older material), and the Manusmriti (c. 100–
300 AD) were foundational treatises in India, and comprise texts considered authoritative
legal guidance. Manu's central philosophy was tolerance and Pluralism, and was cited
across Southeast Asia. This Hindu tradition, along with Islamic law, was supplanted by
the common law when India became part of the British Empire Malaysia, Brunei,
Singapore and Hong Kong also adopted the common law. The eastern Asia legal tradition
reflects a unique blend of secular and religious influences. Japan was the first country to
begin modernizing its legal system along western lines, by importing bits of the French
but mostly the German Civil Code This partly reflected Germany's status as a rising
power in the late 19th century. Similarly, traditional Chinese law gave way to
westernization towards the final years of the Ch'ing dynasty in the form of six private law
codes based mainly on the Japanese model of German law. Today Taiwanese law retains
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the closest affinity to the codifications from that period, because of the split between
Chiang Kai-shek’s nationalists, who fled there, and Mao Zedong’s communists who won
control of the mainland in 1949. The current legal infrastructure in the People's Republic
of China was heavily influenced by Soviet Socialist law, which essentially inflates
administrative law at the expense of private law rights. Due to rapid industrialization,
today China undergoing a process of reform, at least in terms of economic, if not social
and political, rights. A new contract code in 1999 represented a move away from
administrative domination. Furthermore, after negotiations lasting fifteen years, in 2001
China joined the World Trade Organization with later common law institution surt of
Justice

This shows that different laws which are there in our society in a modified form are the
result of different countries which they have done thousands of years ago, this also shows
the prevalence of law and research in that time and proves that law is a result of research
done by different people of different countries, and law & research both exist at the same
time.

3.1 Importance of research in law

You can arrange to have legal research and writing done by a variety of services. One
might think that nowadays in the democracy that we live in all the laws would be easily
accessible to any ordinary citizen, but unfortunately that's not true. Of course, you might
be able to do some kind of limited legal research on your own but that's all. For instance,
if you know the number of a specific law you'd like to read, then you might stand a
chance. However, if you are searching to find how a genuine law applies to your area of
concern, then you'd have to read hundreds of pages until you find it and that simply won't
do.
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Outside legal research is very useful especially when you want to research a whole
area of law. In case you know how the law is organized, you might try, otherwise don't
waste your time as you won't succeed. There is only one reason why our laws are so
arduous, concealed and complex and it is because it gives power to legal professionals
such as lawyers and legislators. This is how they get work which we could have
otherwise done by ourselves. Consequently, if you need to understand a specific area of
law concerning your business or rights, then you'd better consult a professional who will
do your advanced search, or else you might waste many hours in vain trying to do it by
yourself.

Generally you can try to cope without legal researchers. Often there are times
when you can learn how to do legal research on a certain topic and you might be quite
successful at it. For instance, writer says that once he fought for saving some of the last
wetlands in the San Francisco bay. As his campaign lacked money for legal researchers
they did it by their own. However, in our case there has already been much pioneering
environmental work done, so it was not that difficult to do advanced legal search; we
even managed to find the existing endangered species laws we needed. Legal research
can easily frighten you and make you quit when you try it for the first time, that was the
situation with us. However, we were determined to succeed and didn't give up. After all,
if you put some considerable efforts into fighting with the legal system, then even you, an
ordinary citizen can take part in the democratic process.

Research helps in the modification of laws by adding to them different concepts

according to the need of society. Research helps in the formulation of new laws which
can be done by using the various research techniques, research helps in knowing present
scenario and formulates laws by keeping in view present need of society.
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4. CONCLUSION

By ending this project I want to conclude that, research is a subject which is present in
each & everything/subject, even in our daily life, it is a subject which makes all other
subjects interesting & unending because research is the subject which provides new
concepts and facts and adds more & more to that subject. However there are no
evidences about origin of research in different subjects, but it is proved that research is
inherited in each and every subject and research is the only subject which makes all other
subjects going on. It would not be excess if we say Research is mother to all the subject.
It is because of Research we are growing each and every day in each and every field.
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5. BIBLOGRAPHY

1. Chitnis, K.N., Research Methodology In History, 2001, Atlantic Publisher

Ltd,New Delhi.
2. Garg,K.K., Research Methodology, Omega Publication.
3. Booth,Wayne C., G.Colomb Gregory,And M.Williams Joseph, The Craft Of
Research, The University Of Chicago Press.
4. Sjoberg Gideon, Nett Roger, A Methodology For Social Research, Rawat
Publication Jaipur.
5. Patnaik, Asit Kumar,Research Methodology In Social Sciences,2003
Commonwealth Publisher, New Delhi.
6. Singh S.P, Research Methods In Social Sciences, Kanishka Publisher.
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