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EMPIRICAL LEGAL RESEARCH

THE TERM RESEARCH: The term ‘Research’ consists of two words: Research = Re + Search Etymologically 'research' is from a French word 'reacercher meaning 'to search' and a Latin word 'circare' meaning 'to go round in a circle'.1 ‘Re’ means again and again and ‘Search’ means to find out something, the following is the process: Observes Collection of Data Person Phenomena Conclusion Again & Again Analysis of Data Therefore, research means to observe the phenomena again and again from different dimensions. The research is a process of which a person observes the phenomena repetitively and collects the data and on the basis of data he draws some conclusions. Research is oriented towards the discovery of relationship that exists among phenomena of the world in which we live.2 DEFINITIONS OF RESEARCH:

According to:- Webster's International Dictionary: "Research has been defined as 'a careful and critical enquiry or examination in seeking facts or principles, diligent investigation in order to ascertain something"3 P.V. Young:-"Research is a systematic method of discovering the new facts or verifying the old facts, their sequences, inter-relationship, casual explanations and the natural laws which govern them"4 Fred N.Kerlinger:- "Research is a systematic, controlled, empirical and critical investigation of hypothetical propositions about the presumed relation among Natural phenomena.5 Redman & Mary:- "Systematized effort to gain new knowledge"6 C. Francies Rummel:- “Research is an endeavour to discover, develop and verify knowledge. It is an intellectual process that has developed over hundreds of years, ever changing in purpose and form and always searching for truth.”

1 Dr. S.R.Myneni, Legal Research Methodology, Allahabad Law Agency, Faridabad, India, 4th ed.,2009,p.1 2 Yogesh Kumar Singh, Fundamental of Research Methodology and Statistics, New Age International (P.) Ltd., New Delhi,

India, 2006,p.2-3 3 Supranote 1, p.1 4 Hans Raj, Theory and Practice in Social Research, Surjeet Publication Delhi, India, 1999,p.3 5 Fred N.Kerlinger, Foundation of Beheavioral Research, Surjeet Publication, Delhi India,1986 p.11 6 Supranote 1,p.2

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Therefore it can be said that; Research is looking into the phenomena again and again and study the problem differently and thoroughly each time. This repetitive process of searching to come closer and closer to the truth is known as research. "Repetitive Search is RESEARCH".7 OBJECTIVES OF RESEARCH Any research has the following 3 Objectives: 1. Theoretical objective - Formulate new theories, principles or laws. Such type of research is

explanatory. 2. Factual objective- To find out new facts. This objective is by nature descriptive, which describe facts

or events which happened previously. 3. Application objective- It does not contribute a new knowledge in the fund of human knowledge but

suggests new applications. By application we mean improvement and modification in practice.8

LEGAL RESEARCH: Legal Research is not essentially different from other types of research. This too is search for authority to verify some hypothesis and is a continuum. Its issues of enquiry naturally relate to pure law or law in relation to society. Under the broad theme of enquiry about law, an analysis is made of the rules, concepts and institutions of the law and of the legal system itself. Such an enquiry tends to be: 1. Evolutive- To find out evolution of legal facts (Rule, concept, institution or the legal system itself) 2. Explicative- To ascertain the nature, scope and source of law in order to explain what law is and also

to spell out the several propositions, parts and facts of law and the legal system. 3. Identificatory- To ascertain for whom (i.e. for whose benefit) a legal fact (Rule, concept, institution or

the system of law) is made and exists. 4. Impact Analysis- To analyze the impact of an established or newly conceived legal provisions, rule or

institution. Impact analysis is the study of the effect of law in and on the society. 5. Projective and predictive- To anticipate the effect of a proposed legal measure. These studies are

mainly attitudinal, intended to anticipate the probable response in terms of rejection or acceptance of a proposed measure by the people (Pre legislative studies). It helps to minimize incidence of undesirable consequences by judging the feasibility of proposed law and advise the law makers accordingly.

6. Interactive: To study the process of interaction between law and other relevant forces, factors and

institutions operative in society. It conceives law is a part of the society therefore it too is covered by the order of mutual interdependence with the other parts of the society.

7 Prem R. Pant, Social science research and thesis writing, Buddha Academic Publisher and distibutors pvt. Ltd., Kathmandu,

2014, p.4 8 Supranote 2,p.2-3

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7. Interpretative- To interpret an existing formal legal fact. This is the most common kind of legal research. Normally statues, texts and judicial decision are the subject matter of research in this category. Interpretation drawn from grammar, language and law, common sense and public policy are the tools that aid this kind of research.

8. Collative- To collate legal facts pertaining to a given situation. It may be by way of preparing a digest

of statutory provisions, judicial decisions and customary law or preparing bibliographies of legal materials including legal writings. It leads to waste of time, as most of the researcher's time is consumed in trying to locate the existing legal materials on his topic. So well collated material will serve a useful purpose reducing the labour of researchers.9

LEGAL RESEARCH AS A TOOL OF LAW REFORM: When research is undertaken as a part of the process of law reform, it is undertaken with a definite end namely making suggestions for improvements in the law on concrete and easily identifiable matters and the formulation of those proposals in precise terms.10 Type of Research needed for Law reform: 1. Analytical- Finding out the existing law 2. Historical- Finding out the previous law in order to understand the reason behind the

existing law and the course of its evolution 3. Comparative- Finding out what the law is in the other countries and considering whether it

can be drawn upon, with or without modification 4. Statistical- Collection of statistics to show the working of the existing law 5. Critical- Finding out the defects in the existing law and suggesting reforms TYPES OF RESEARCH:

Research can be classified from the view point or perspective as,11

BASED ON TYPE OF RESEARCH

Application Pure (Basic or Fundamental) & Applied

Objective Descriptive, Exploratory, Correlative & Explanatory

Inquiry Mode Quantitative & Qualitative

Time(s) Period One time research & Longitudinal

Rational & Factual Conceptual Research & Empirical Research

EMPIRICAL RESEARCH

The word empirical means information gained by experience, observation, or experiment. Empirical Research can be defined as "research based on experimentation or observation (evidence)". Such 9 S.K.Verma, M Afzal Wani,(eds.), Legal Research Methodology, The Indian Law Institute, 2001,p.139 10 Supra note 9,p.112-113 11 http://www.slideshare.net/anilkumarkhadka/research-methodology-notes?related=1

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research is conducted to test a hypothesis". The central theme in scientific method is that all evidence must be empirical which means it is based on evidence.

The term "empirical" was originally used to refer to certain ancient Greek practitioners of medicine who rejected adherence to the dogmatic doctrines of the day, preferring instead to rely on observation of phenomena as perceived in experience. The doctrine of empiricism was first explicitly formulated by John Locke in the 17th century. Locke argued that the mind in a tabula rasa ("Clean Slat or blank tablet,". Locke actually used the words "White paper") on which experiences print their marks.

Such empiricism denies that humans have innate ideas or that anything is knowable without reference to experience. This method is generally taken to mean the collection of data on which to base a theory or derive a conclusion in science. It is part of the scientific method of study, but is often mistakenly assumed to be synonymous with the experimental method.

The fundamental objective of empirical research is to make inferences- that is, using known facts to understand unknown facts. Typically we use observable data (known facts) to test certain hypotheses which are guided by theory to uncover these unknown facts.

Legal research is one of the aspects of study of human behaviour, their interactions, and attitudes

pertaining to any law. Legal Phenomena require their own research methodology. The Nature of Legal

issues and the subject matter of law is radically different from other sciences. Therefore, the content of

proposition and explanations is also different. The methodology of legal studies involves its own rules,

interpretations and criteria for admissible explanations as well as research design, data collecting

techniques and data processing routines. Legal studies lack the appropriate methods, tools and

techniques suitable for the legal issues. In most of the legal investigations, qualitative data has to be

analyzed. Hence, this separate study of legal methodology is taken up.12

The research which is conducted to explore, describe or to interpret the law are purely Legal in nature

otherwise the scope of the law is in and on the society. Laws are made to regulate the behavior of the

people living in a society and social institutions and to control social phenomenon as a whole. Laws are

also enacted to ensure the rights and liberties of the people and to impose duties on them. So most of

the legal research are Socio-legal in nature (to study human attitude, behaviors, their interactions and

perceptions pertaining to a law or a pre-legal study; and study of the impact of a law in the society.)

There is a saying that 'society grows faster than the law‘, Law is an instrument of social change so it must

keep equal pace with a progressive modern, society.

Conducting empirical research in law is of recent origin. Empiric means 'relying solely on observation and experiment, not on theory'. The empirical research is carried out by collecting and gathering data or information relating to universe by the first hand study. Empirical Legal Studies is a growing field of legal study which emphasizes the use of empirical research

approaches similar to other social science disciplines such as economics, political science, sociology, and

12

Dr. S.R.Myneni, Legal Research Methodology, Allahabad Law Agency, Faridabad, India, 4th ed.,2009,p.11

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psychology.13 The methods like observation, interview, questionnaire, survey and case study are used

for the collection of data in empirical legal studies.

EMPIRICAL CYCLE

The Empirical Cycle consists of the following stages:14

IMPORTANCE OF EMPIRICAL LEGAL RESEARCH

Law is an instrument of social change. It must keep pace with a progressive modern, society. Living in

the present times is a more complicated process that what it was in the past times. The problems of

today cannot be solved by the methods or tools known before. These will have to be altered from time

to time to suit the changing social circumstances. Social change in society can be brought about either

through welfare measures, which must be provided in abundance, or through persuasion by creating a

strong public opinion and awareness against age-old prejudices, or lastly, by legislation. The first two of

these measures have failed to make any appreciable impact; they have failed even to touch the fringe of

the problem of the downtrodden (exploited or demoralized by the people in authority) millions who

need them most.

Social workers and other are engaged in various ways of persuasion but they reach out only to a small

segment of the vast population. Besides, persuasion has only a temporary effect on the people. To

illustrate the point, social workers who revolted against un-touchability, laws prohibiting child marriage

and various other legislative measures of social reform will not root out the evil completely from the

society. This is so because, even though the government of the day, with its majority in parliament, may

pass a law, its implementation requires the support of the judiciary, the police and strong public

opinion.15

13

http:/www.law.harvard.edu/library/empirical-research-services/index.html 14

http://en.wikipedia.org/wiki/Empirical_research 15 S.K.Verma, M Afzal Wani,(eds.), Legal Research Methodology, The Indian Law Institute, 2001,p.273

Observation- Collecting and organizing empirical facts to form hypothesis

Induction- The process of forming hypothesis

Deduction- Deduct consequences with newly gained empirical data

Evaluation- Perform evaluation of outcome of testing

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Legal research can enable us to find out the deficiencies in an enactment and the problems of its

implementation. The deficiencies in enactments and the problems of their implementation can only be

highlighted with the help of Empirical studies.

Elsewhere, It has been pointed out with illustration that scientific knowledge represents knowledge

about true reality (Reality as it exists) and empirical knowledge stands for the empirical reality (Reality

as we perceive it). True reality and empirical reality are not co-terminus. Therefore, empirical knowledge

by itself does not enable us to know the true reality. But the use of the scientific method provides with a

bridge between the empirical knowledge and true knowledge.

Thus empirical research is an integral part of the scientific method which combines reasoning with

observation, and discovery with justification, for the acquisition of scientific knowledge. The search for

the scientific knowledge usually starts with a scientific problem and the knowledge is the product of the

process of understanding and solution of the problem. The solution of a problem is arrived at in two

stages:

First a tentative solution of the problem is obtained through reasoning from the available knowledge,

which is what is meant by discovery; second, the tentative solution is verified through observation,

which is referred to as justification. Empirical Research stands for the various procedures of obtaining,

analyzing and presenting data in the context of justification. It is useful for acquiring scientific

knowledge only if it is undertaken as a complement to the theoretical exercise in scientific method.16

The empirical research can explain:

What type of law can be enacted

The causative factors for the delay in administering justice

Problems that arise because of the variation in the interpretations given by lawyers; and

The underlying factors which affect the judgment by ascertaining the workload of judges, lawyers

and other personnel in legal machinery

The empirical studies can assist in suggesting modifications in the existing system of judiciary,

enforcement machinery and in the teaching and practice of law.17

16 Supranote,15,p.309 17 Supranote 16, p.274

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METHODS IN EMPIRICAL RESEARCH: There are two main methods in empirical research,

Experimental Non-Experimental They deal with cause and effect relationship. In this method two groups -experimental group and control group are chosen such that they do not differ from each other. The experimental group is exposed to the assumed causal variable while the control group is not. The two groups are then compared in terms of the assumed effects. This type of method is only suitable for physical sciences, like in physics, chemistry, botany, laboratory research and in natural science.

Subjects are observed without experimental intervention. In Socio-legal researches, human conduct, attitudes and behavior are the subject matter of the study which can not be controlled by the researcher. So the researcher has to observe without any experimental intervention. The methods like observation, interview, questionnaire, survey and case study has to be employed.

METHOD OF DATA COLLECTION Conducting empirical research in law is carried out by collecting and gathering data or information relating to universe by the first hand study. The methods like observation, interview, questionnaire, survey and case study are employed in the empirical legal research. There are two methods of data collection: a. Census- When the whole area population of persons is contacted the method is known as census

method. Population is constituted of all the individuals, things, events, documents or observation cases etc.

b. Sampling- Most research studies are based on samples. When a small group is selected as

representative of the whole it is known as sample method. The method of selecting for study a portion of the universe with a view to draw conclusions about the universe is total is known as sampling.18

SAMPLING METHOD: A researcher while doing socio-legal research has to decide basically two important things: 1. What will be the scope of the study? 2. What will be the population or universe of the study? Researcher may decide to cover the whole population, if he has time, energy, resources and capacity. If that is done, is known as census method of study. On the other hand he can pick up a small unit out of the whole study. Such a unit is expected to be representative of the whole population. It is felt that when this unit is studied, the whole population will be studied. In other word the conclusion drawn will be representative of the whole group. When that is done it is called sampling method.19 Some terminology mostly used in sampling method can be defined as follows: Population or Universe:- Population or Universe means, the entire mass of observations, which is the parent group from which a sample is to be formed.

18

Supranote 12,p.119 19 Hans Raj, Theory and Practice in Social Research, Surjeet Publication Delhi, India, 1999,p., p.22

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Sample Size: -The proportion of the population taken from the universe for the study is known as sample size. A good sample size is one which fulfils the requirements of efficiency, Representativeness and reliability as well as flexibility. The size of the sample is no necessary insurance of its representativeness. Relatively small samples properly selected may be much more reliable than large samples properly selected.20 Randomization- Randomization is a method of sampling in which each individual of the population has the equal chance or probability of selection of the individuals for constituting a sample. All members of the population have essentially the same probability of being selected. The following are the main characteristics of randomization.21

20 Supranote, 12, p.225 21

Supranote,2,p.84

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TYPES OF SAMPLING DESIGNS

Several methods have been devised to select representative samples. In general two types (Probability & Non-probability) of techniques of sampling are as follows:

Sampling Method22

Probability Sampling Non Probability Sampling (Sample selected in such a way that every element chosen Samples which are not determined by has a known probability of being included. Which gives the chance, but rather by personal convenience probability that the sample is representative of population.) or judgment of the researcher

Incidental or accidental sample Purposive or Judgment sample Quota sample Types or Techniques in Probability Sampling Simple random sampling Stratified sampling Multi-stage sampling. . Systematic sampling Cluster sampling

22 Source: P.R. Pant , C.K.Khthari,Yogesh Kumar Singh,Hans Raj & P.R. Joshi

In which each element of the population has an equal and independent chance of being included

in the sample i.e. a sample selected by randomization method is known as

simple-random sample and this technique is

simple random-sampling. Randomization can be done by using the techniques as :

- Tossing a coin , - Throwing a dice

- Lottery method, - Blind folded method

-By using random table of ‘Tippett’s Table’.

It is an improvement over the simple random sampling. This method requires the complete information about the population. There

should be a list of information of all the individuals of the

population in any systematic way. Now the size of the sample is decided

Let sample size = n, & Population size = N

Now we select each N/nth individual from the list and thus we have the desired size of sample which is known as systematic

sample. Thus for this technique of sampling population should be

arranged in any systematic way.

The population is divided into smaller

homogenous group (Strata) on the basis of some characteristics and from each of these

group a predetermined number of units are

randomly selected. This may be of 3 types

1. Disproportionate stratified sampling.

2. Proportionate stratified sampling. 3. Optimum allocation stratified sampling.

The total population (area) is divided into a

number of relatively small subdivisions

(cluster) and some of these cluster are

randomly selected for inclusion in the overall

sample

It consists in first selecting the

clusters and then selecting a

specified number of elements from

each cluster. This sample is more

comprehensive and representative

of the population.

Researcher selects any easily available

sample he/she come across. In this it is

not possible to know whether the

sample is representative or not.

The researcher uses self judgment in

the choice and includes only those

items of the universe in the sample,

which are convenient to him/her.

Both Stratification and judgment is

used. Sample of prefixed size are taken

from each stratum of the universe using

judgment sampling method

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A. OBSERVATION METHOD:

In socio-legal research, one of the most important and extensively used methods is observation.

Observation is a method that employs vision as its main means of data collection.

Observation is the process of recognizing and noting people, objects and occurrences rather than asking

for information. Creswell defined it as 'the careful watching and recording of somebody or something in

a systematic way to establish knowledge'. Williman defined it as ' the systematic recording of observable

phenomenon or behaviour in a natural setting.'23

TYPES OF OBSERVATION:24

1. Uncontrolled and controlled observation:- In uncontrolled observation, observation is made in the

natural surroundings and the activities are performed in their usual course without being or guided by

an external force. The observer visits the place of occurrence of phenomena in order to observe. He

resorts to careful scrutiny of real life situation making no attempt to use precision instruments. Most of

the socio legal phenomena have to be observed in an uncontrolled way it is useful in explanatory

studies.

Where as,

Controlled observation controls are imposed in the observation or on the object. Generally the control

on the object in socio- legal studies is difficult, so controls are imposed on the observer himself. Some of

Such control are detail observation plan, use of observation schedules, use of technology and appliances

(Photo, recordings), use of hypotheses, use of control groups, use of team observation etc.

2. Participant and non participant observation:-

In Participant observation the investigator actually participates in the activities of the group under

investigation. Where as in non participant observation the observer does not actually participate in the

activities of the group. But simply observes them from the distance. In this type though the observer

associated himself with the group physically, he keeps aloof from its activities while he observes the

phenomena as it occurs passively. They are also called as quasi-participant or partial participate

observation.

3. Structured and un-structured observation:-

In structured observation, the units to be observed are carefully defined, information to be collected is

recorded, the sources of data are selected and the conditions of observation are standardized. The use

of these techniques pre-supposes that the investigator knows what aspects of the situation under study

are relevant to his research purposes and is in a position therefore to develop a specific plan for making

and recording observations before he actually begins the collection of data. Observation schedule are

prepared in advance and the observation is made according to the plan to record the observed facts in

23 Prem R. Pant, Social science research and thesis writing, Buddha Academic Publisher and distibutors pvt. Ltd., Kathmandu,

2014, p.265 24 Supranote 12,p.186

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the prepared schedules- the observation schedule are the record of the facts observed by the

researcher,

Where as, The un-structured observation is exactly the opposite of structured observation. In this

observation the observer does not know in advance which aspects of the situation is likely to change as

he proceeds. They may lead to change in the object he observes. The unstructured observation is

flexible. The observer is always prepared to draw his clues from unanticipated events.

4. Intra-subjective and inter-subjective observation:- The test of intra subjectivity (or reliability) is that repeated observation of a constant phenomenon by

the same observer will yield constant data, while the test of inter-subjectivity consists of finding that

repeated observations of a constant phenomenon by different observers yield constant data. These

methods assure the freedom from personal or cultural bias or partiality. Inter-subjective observation by

two or more persons provides opportunity to compare their notes and check bias.

Advantage & Disadvantage of Observation Method can be summarized as follows:25

Advantages Disadvantages Direct & First hand information can be obtained Low Reliability of the findings

Data can be collected in natural condition It is costly

Less time consuming for the respondents No Natural Atmosphere can be found for the study

Simultaneous occurrence and recording of the information Slow Process or occurrence of phenomenon is slow

B. QUESTIONNAIRE METHOD:

Questionnaire method is a method in socio-legal research, in which information is obtained with the

help of a questionnaire. In other words with the help of a set of questions all the required data is

collected. ' A questionnaire is a formal list of question designed to gather responses from respondents

on a given topic'.26

In this method the investigator does not go to any respondent for the collection of information. He

simply mails the questionnaire and collects the required information on the basis of replies received by

him.

While defining a questionnaire G. Lundberg has said "Fundamentally, the questionnaire is a set of stimuli

to which illiterate people are exposed in order to observe their verbal beheaviour under social stimuli."

Bogardus has said ' a questionnaire is list of questions sent to a number of persons for them to answer.'

Form all the definitions it becomes clear that, Questionnaire is set of questions which is sent to

respondents and the investigator himself does not go to the informant for collecting information. The

25 Supranote 19, p.27 26 Supranote, 23, p.224

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respondent sends reply by filling in the questionnaire and the information is then fed into the research

project.27

QUESTIONNAIRE & SCHEDULE:

Sometimes two terms are quite confused with each other. But in actual practice there is difference

between the two "The questionnaire is generally sent through the mail to the informants to be answered

as specified in a covering letter, but otherwise without further assistance from the sender. The schedule

on the other hand, is generally filled out by research worker or the enumerator who can interpret the

questions when necessary"

In other words the difference between the two is that, whereas in the case of questionnaire no

interpreter is needed, in the case of schedule there is an interpreter who interprets the questions and

fills in the replies.

In the words of Goode and Hatt, "The questionnaire is differentiated from the schedule and interview

guide by the fact that is is self administered." Thus whereas a questionnaire is self administered, a

schedule is not and needs the assistance of some one else to help him in completing his job.28

FORMS OF QUESTIONNAIRE:29

Questionnaire are of many form. These may broadly divided as structured /standardized questionnaire

and un-structured or non- structure questionnaires.

1. Structured Questionnaires-

In the words of P.V. Young "Structured questionnaires are those which pose definite, concrete and

preordained questions, that is they are prepared in advance and not constructed on the spot during the

questioning period." The forms of particular questions may require responses which are either closed or

open.

2. Closed form questionnaire:-

Closed form questionnaire are used when some sort of categorized data is required. In other words

when the data needs to be put into definite classification. In this the questions in the questionnaire are

so worded that replies can be found out from the alternative replies provided therein. All that

respondents is to do is that he is to pick up reply from one of the alternatives and write that down.

3. Open form questionnaire:-

Open end questionnaire are those where the responses are free and spontaneous expression on the

part of the informant who is not limited in his replies to a particular question posed to him. These

responses are used for intensive studies of limited number of cases or for preliminary exploration of

new problems and situations.

27 Supranote 19, page, 136 28 Supranote,19, p.137 29 Supranote 19, p.147

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In this question it is possible for the respondent to write a descriptive essay to express his viewpoint and

attitude at length. Open form questionnaire can prove useful where primary information to be

developed is qualitative in nature. But difficulty with these questions is that sometimes wide and

ambiguous responses received are meaningless. Since the responses are non-directed therefore

problem of classification and analysis really becomes very serious.

4. Pictorial Questionnaire:-

The idea of such questions is to promote interest in answering the questions. This type of questionnaire

is used in such studies where social attitudes and prejudices of the children are discussed and

information is sought about them.

5. Un-structured Questionnaire:-

As against structured questionnaires, there are un-structured questionnaires as well. These deal with

definite subject matter areas. Flexibility is the main characteristics of this questionnaire. In the words of

P.V.Young " It is designed to obtain view points, opinions, attitudes and show the relationship and inter-

connection between the data, which might escape notice under more mechanical type of interrogation."

This provides the respondents maximum opportunity to express his viewpoint and experiences. It is

used for limited number of studies e.g. Studies of personal experiences, belief and attitudes.

Essentials of a Good Questionnaire:-30

o Questions should be short & simple o Questions should proceed in logical sequence moving form easy to more difficult question o Technical terms and expression capable of different interpretation should be avoided o Question may be dichotomous (yes/No), multiple choice (alternative choice listed). o Responses acquired from open ended question's are difficult to analyze so open ended questions is

to be avoided to the extent possible. o Question affecting sentiments of the respondents should be avoided. o Brief direction for filling up the questionnaire should be given. o The physical appearance (attractive looking, quality of the paper along with its color) of the

questionnaire, particularly in mailed survey is a plus point to attract the attention of the recipients. Advantages and disadvantages of Questionnaire:-

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Advantages Disadvantages Less expensive, saves time and energy It is self administered so might have unintelligent reply

It offers great anonymity (ensured the id of the respondent is kept confidential)

Response rate might be low

Wide area can be covered Opportunity of clarify any issue is lacking

30 C.R.Kothari, Research Methodology- Methods & Techniques, Wishwa Prakashan, Delhi, India,2002,p.128 31 Supranote 19, p.144

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C. INTERVIEW METHOD:-

The interview method is a kind of verbal techniques for obtaining data. It is the most commonly used method of data collection in the study of human beheaviour. It is a direct method of data collection. According to P.V.Young, " Interview may be regarded as systematic method by which a person enters more or less imaginatively into the life of a comparative stranger".32 Kerlinger defined, it as 'The interview is a face-to-face interpersonal role situation in which one person, the interviewer, asks a person being interviewed, the respondent , questions designed to obtain answer pertinent to the purpose of the research problem.33 Types of interview:- The types of interview may be classified on the basis of the following:

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32 Supranote 9, p. 463 33 Fred N.Kerlinger, Foundation of Beheavioral Research, Surjeet Publication, Delhi India,1986, p.469 34 Joshi P.R., Research Methodology, Buddha Academic Publisher and distibutors pvt. Ltd., Kathmandu, 2001, p.68

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1. According to subject matter:-

a. Quantitative Interview- Certain set facts are collected about a large number of persons as in census.

b. Qualitative Interview- Consists of certain complex, serious and non quantifiable subject matter. This interview is confined to exploring the causes of some events. Sometimes it is called diagnostic interview.

c. Mixed Interview- is a method where both types of data are required. Some of the data may be quantifiable and some not.

2. According to purpose- Every interview is done with certain purpose in view.

a. Clinical Interview- Through this interview the causes of certain abnormalities are ascertained. b. Treatment Interview- This is a signal to clinical interview cause after abnormalities are

ascertained. Further interviews are held to know the actual cause of mental disorder of the particular patient.

c. Selection interview- This interview is done to select an individual with some particular qualities. d. Interview to fulfill curiosity- Through this interview, the interviewer fulfils his own curiosity, which

lurks in his minds. e. Research interview- This interview is done to collect information about certain problems to find

out the truth. 3. According to Formalness-

a. Structured interview- in this type of interview a complete set of well defined questions are used. In this method highly standardized techniques of recording are used. in structured interviews, generally even the alternative questions are fixed. Here the interviewer has to act according to the written instructions given in the schedule.

b. Unstructured Interview- In this interview the interviewer does not follow a pre planned list of

questions. He enjoys full freedom to ask the respondents. In this type of interview, a deep knowledge and skill on the part of the researcher are necessary. In the opinion of Johan Gaultung, "The advantage of unstructured response is to be unprecise, that they permit the unexpected response."

4. According to Number-

a. Group Interview- in this type of interview a group of persons are interviewed for collecting information from them. This method economizes both time and money.

b. Individual Interview- In this a single individual is interviewed. Inter personal contact between the

interviewer and interviewee can be established. 5. According to Period of contact-

a. Short contact interview- sometimes in research, filling up of schedules or questionnaires requires only a single sitting of small duration. For this type of job a short contact interview is the most useful method.

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b. Long contact interview- Where the case history of an individual or a group of persons is required,

prolonged contact interview is necessary. 6. According to the role assumed by the interviewer and respondent- Besides the above classification P.V. Young has laid emphasis on the classification of interviews according to the role assumed by the interviewer and respondent at the time of interview. These classification which are mainly based on methodology, are given below. a. Focussed Interview- This method has been applied by R.K. Metron for studying the psychological

effects of radio, cinema, television etc. on the public. the main purpose of this type of interview gives importance to the emotional feelings or attitudes of the individual in a particular situation.

b. Repetitive Interview- The main objective of this interview is to study the dynamic functions,

attitudes and behaviour of certain individual. for studying human beheaviour this method is very useful. This type of interview requires that the respondents must be permanent resident of a particular locality so that they may be available for interview at any time.

c. Non Directive Interview - There is no pre- planned set of questions, control or any direction in this

method. in this method an interviewer encourages the respondent to talk about the given topic without questioning him. For achieving the proper goal, the interviewer should create a suitable atmosphere in which the individual is able to speak freely and fearlessly about himself. In problems like divorce and social disorganization, this method is very useful. This is the method by which a list of information about underground activities is collected.

7. Telephonic Interview- This method of collecting information consists in contacting respondents on telephone itself. It is not a very widely used method, but plays important part in industrial surveys, particularly in developed region. This method now a days becoming also popular in marketing survey.35 Advantages & Disadvantages of Interview Method-

36

Advantages Disadvantages More information can be obtained More time consuming & Expensive method, specially when

large and widely spread geographical sample is taken

Greater flexibility, an opportunity of restructure the question is possible, specially in unstructured interview

The possibility of the bias of interviewer as well as respondent.

Personal and supplementary information about the respondents can be easily obtained

Training and supervising the field staff is needed

Adoption of the language is possible as per the ability and educational lever of the person interviewed

Sometimes rapport building with the respondents might not be easy

35 Supranote, 30, p.123 36 Supranote, 30, p.122

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D. SURVEY METHOD:37 The word 'survey' has been derived from two words 'sur' or 'veeir' which mean 'over' and 'see' respectively. The literal meaning of survey is to see over something from a high place. The term is used for techniques of investigation by direct observation of a phenomenon or collection of information. Many research problems require the systematic collection of data from population or samples of population. These studies are usually called surveys, especially when they are concerned with large or widely spread out groups of people. if they deal with a fraction of a total population, they are called sample surveys. Survey method is used to collect data when a wide geographical area has to be covered. A survey consists of asking questions of a representative cross-section of the population at a given point of time. Survey in legal investigation are called legal surveys. It is a process by which quantitative facts are collected about the legal aspects of a community and its activities. Legal survey is a method of data collection that utilizes questionnaire or interview schedule for recording the non-verbal beheaviour of respondents. Kinds of Survey:- a. General and specific Survey- When a survey is conducted for collecting general information about

any population, institution or phenomena without any particular object or hypotheses, it is known as a general survey. Specific surveys are conducted for specific problems or to testing the validity of some theory of hypo theses.

b. Regular and ad-hoc surveys- some survey are regular in nature and must be repeated after regular

intervals. An ad hoc survey is undertaken once for all. c. Preliminary and final survey- A preliminary survey is known as 'Pilot study' and it is the forerunner of

the final survey. Final survey is made exhaustively after the pilot study has been completed. d. Census and sample survey- In a census survey, every single unit in the universe is to be contacted and

information collected from him. In the case of a sample survey, only a small part of population is taken as representative of the whole survey is conducted among the sample.

TYPES OF SURVEY- a. Interview Survey- Survey is conducted by an interviewer using schedule. b. Questionnaire Survey- Survey is conducted by questionnaire techniques c. Telephone Interview- Survey is conducted by Telephonic interview d. Group Survey- Questionnaire or interview method is employed in a group of respondents. e. Panel Survey- Direct extension of questionnaire or interview survey. In this survey the same group is surveyed repeatedly over a period of time.

37 Supranote, 12, p.217

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5. CASE STUDY METHOD The credit of introducing case study method in social research goes to Fedric Le Play (1806-1882) who used this method in studying family budgets. Thereafter Herbert Spencer used this method in studying ethnographic studies. Dr. William Healy, a psychiatrist was among the first to adopt this case study method in his work with delinquents. The case Study method is the method of exploring and analyzing the life of a social unit that might be a person, a family or an institution, or a community is called case study. The case study method is a method which aims at studying deeply and thoroughly different aspects of a social unit.38 The facts of the unit i.e. cases may be obtained from many diverse source.39 a. Personal Documents- Public figures, generally, keep diaries, write their autobiographies or

memories. These documents contain the description of the events and their reactions towards them with direct involvement or as a witness of a distant spectator. They reveal direct information regarding the structure, dynamics and nature of the problem.

b. Life History Documents- Life history is the study of various events of respondents' life together with

attempt to find their social significance. Life history differs from pure historical narrative facts. Case data obtained through personal interviews and human documents have been supplemented by an interesting variety of projective techniques. TYPES OF CASE STUDY-40 Six types of case studies can be conducted which are as follows: 1. A group or a community case study 4. Content or document analysis 2. Casual comparative studies 5. A follow-up study, and 3. Activity analysis 6. Trend studies Advantage and disadvantages of Case study method-

41

Advantages Disadvantages

Study of Subjective aspects Difficult to study objectively

Intensive Study Possible Too much dependence of memory

No need of sampling Data of information are not collected in a systematic order

Increase in knowledge More time consuming and costly method.

38

Supranote, 19,p.248 39

Supranote,12,p.224 40

Supranote,21,p.149 41

Supranote,19,p.256-259

19

PROCESSING, ANALYSIS, PRESENTATION & INTERPRETATION OF DATA The data collected are to be processed with a view to reducing them to manageable proportions. Only by a careful and systematic processing, the data collected will lend itself for statistical treatment and presented in various ways in table, graphs, charts etc. and then interpreted meaningfully and conclusions are drawn in the form of new information, theory, facts and solution for the practical problems. The data processing & analysis can be shown in the diagrammatically as follows:42

42 Supranote, 30, p.186

20

21

Bibliography:

Kerlinger, F.N.,(1986), Foundation of Beheavioral Research, Surjeet Publication, Delhi India. S.R.Myneni,S.R.(2009), Legal Research Methodology, Allahabad Law Agency, Faridabad, India Kothari, C.R ,(2002), Research Methodology- Methods & Techniques, Wishwa Prakashan, Delhi, India. Singh, Yogesh Kumar,(2006), Fundamental of Research Methodology and Statistics, New Age International (P.) Ltd., New Delhi, India. Verma, S.K.& M. Afzal Wani (eds.),(2001), Legal Research Methodology, The Indian Law Institute,

Raj, Hans, (1999), Theory and Practice in Social Research, Surjeet Publication Delhi, India. Pant, Prem R.,(2014), Social science research and thesis writing, Buddha Academic Publisher and distibutors pvt. Ltd., Kathmandu. Joshi P.R., (2001), Research Methodology, Buddha Academic Publisher and distibutors pvt. Ltd., Kathmandu. http://www.slideshare.net http:/www.law.harvard.edu http://en.wikipedia.org

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RESEARCH PROCESS IN FLOW CHART

Define research problem

Problem Identification

Where = feed back (Helps in controlling the sub-system to which it is transmitted)

= feed forward (Serves the vital function of providing criteria for evaluation)

Formulatehypotheses

Deducting Reasoning

Observation

Design research(Including sample design)

Analyse data(Test hypotheses if any)

Collect data(Execution)

Review conceptsand theories &

Review previousresearch finding

Interpret and report

F

F

F

F

FF

FF

FF

STEPS OF RESEARCH: The following are the six

steps of research:

1. Selection of the problem- The

problem is selected and defined. The feasibility of the problem depends on its delimitations. Hence, the problem is also delimited in this step.

2. Formulation of hypotheses- Some tentative solutions are given for the problem when these solutions are based on certain rationale they are termed as hypothesis. Therefore, in this step hypotheses are formulated.

3. Design of research- These hypotheses are subjected to verification. A design of research is developed for collection of data or evidences for testing the hypotheses. It involves method, sample and techniques of research. The appropriate method and techniques are selected for this purpose.

4. Collection of data- The methods of data collection like observation, questionnaire, survey and case study etc. are administered and data are collected.

5. Analysis of data - The appropriate statistical techniques are used to analyze the data so that some decisions may be taken about the hypotheses. The results are used to draw some conclusions.

6. Formulation of conclusions- The results are discussed and some conclusions are drawn in the form of new information, theory, facts and solution for the practical problems.