Elaborate research on empirical and non empirical research

Submitted by

PRANAV SAI PRN-17010324066

Of BBA-LLB Division-C

Of Symbiosis Law School, HYDERABAD

In Month of March and year 2018

Under the guidance of

Sukhvinder singh dhari

PROFESSOR

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 CERTIFICATE

The Project entitled elaborate research on empirical and non empirical research is submitted
to the Symbiosis Law School, Hyderabad for Administrative Law as part of Internal
assessment is based on our original work carried out under the guidance of prof.Sukhvinder
Singh dhari, Faculty-in-Charge on march 2018.The research work has not been submitted
elsewhere for award of any degree. The material borrowed from other sources and incorporated
in the thesis has been duly acknowledged. We understand that we ourselves could be held
responsible and accountable for plagiarism, if any, detected later on.

Signature of the candidates

1.

2.

Date:

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 ACKNOWLEDGEMENT

We would like to express our sincere gratitude and indebtedness to Mr.sukhvinder Singh shari for
his enlightening lectures. We would also like to express our sincere gratitude to our teaching staff
for guiding us the path towards gaining knowledge. We would like to thank the Library Staff of
Symbiosis Law School, Hyderabad as well for their co-operation. We would also like to thank
our batch mates and seniors who inspired, helped and guided me in making this project. We are
grateful to some of my seniors/friends for their incredible guidance and support.

Signature of the Candidates

1.

2.

Date:

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 CONTENT

SERIAL NO: TOPIC

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INTRODUCTION
2 METHODOLOGY
3 TYPES OF RESEARCH
4 WHAT IS EMPIRICAL RESEARCH

5 NATURE AND SCOPE OF EMPIRICAL

RESEARCH
6 EVALUATION
7 CONCLUSION
8 REFERENCES

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 INTRODUCTION

What is research? : The term ‘research’ has received a number of varied meanings and
explanations. In its ordinary sense, the term refers to a search for knowledge. The Advanced
Learner’s Dictionary of Current English spells out the meaning of ‘research’ as ‘a careful
knowledge’. Redman and Mory, in a similar tone, define research as a ‘systematised effort to
gain new knowledge’. According to the Webster’s International Dictionary , ‘research’ is ‘a
careful, critical inquiry or explanation in seeking facts or principles; diligent investigation in
order to ascertain something’. While Webster Dictionary explains the term ‘research’ to mean ‘a
systematic investigation towards increasing the sum of knowledge’. D Slesinger and M
Stephenson perceived the term ‘research’ as ‘the manipulation of things, concepts or symbols for
the purpose of generalising to extend, correct or verify knowledge, whether that knowledge aids
in construction of

Britannica defines research as: The act of searching into a matter closely and carefully, inquiry
directed to the discovery of truth and in particular, the trained scientific investigation of the
principles and facts of any subject, based on original and first hand study of authorities or
experiment. Investigations of every kind which has been based on original sources of knowledge
may be styled research and it may be said that without ‘research’ no authoritative works have
been written, no scientific discoveries or inventions made, no theories of any value propounded –
A combined reading of all the above - mentioned ‘explanations’ of the term ‘research’ reveals
that ‘research’ is the ‘careful, diligent and exhaustive investigation of a specific subject matter’
with a view to knowing the truth and making original contribution in the existing stock of
knowledge. It is, in short, ‘systematic search’ in ‘pursuit of knowledge’ of the researcher. Mere
aimless, unrecorded, unchecked search is not research which can never lead to valid conclusions.
But diligent, intelligent, continued search for something is research. It refers to the process and
means to acquire knowledge about any natural or human phenomenon. It involves a systematic
inquiry into a phenomenon of interest. It is the process of discovering or uncovering n ew facts.
It aims to contribute to the thitherto known information of the phenomenon.

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Therefore, only systematic intensive investigation into, or inquiry of, fact qualifies to get the
label of ‘research’. And a ‘search’ becomes ‘systematic’ when a researcher, in his quest for
knowledge and pursuit of truth, attempts to collect the required information from various sources
and in a variety of ways systematically and exposes data to a severe and intensive scrutiny.
Research, thus, involves systematic scientific investigation of facts (or their hidden or unknown
facets) with a view to determining or ascertaining something, which may satisfy the curiosity of
the investigator and carry forward (his) knowledge. Such research involves identification of a
research problem, the ascertainment of facts, their logical ordering and classification, the use of
(inductive and deductive) logic to interpret the collected and classified facts and the assertion of
conclusions premised on, and supported by, the collected information. ‘Research’, therefore,
means a scientific collection and inspection of facts with a view to determining (or searching)
something, which may satisfy the curiosity of the investigator and carry forward his knowledge.
It requires a sound design for investigation, the appropriate methods of data collection and a
mode of analysis. The prefix ‘re’ in the word ‘research’, according to the Concise Oxford
Dictionary , means ‘repeated, frequent or intensive’. ‘Research’, therefore, implies a continued
‘frequentative’ ‘intensive’ ‘search’ for truth and/or an inquiry for the verification of a fresh
theory or for supplementing a prevailing theory. Research is, thus, a continuum.

Objectives of Research

The purpose of research, thus, is to acquire knowledge or to know about ‘something’ in a

scientific and systematic way. Its purpose may, however, be to find solution to the identified
problem. The former is referred to as ‘basic’ or ‘pure’ or ‘fundamental’ research while the latter
takes the label of ‘applied’ or ‘action’ research. Fundamental research is mainly concerned with
generalisations and with formulation of a theory (or re - confirmation of the existing theory). Its
main aim is to acquire knowledge for the sake of acquiring it. Applied research, o n the other
hand, aims at finding or discovering solutions or answers to the identified ‘problem(s)’ or
‘question(s)’. Obviously, every research study has its own goal(s) or objective(s). Nevertheless,
‘research objective’ of a given research study ma y fall under either of the following broad
categories of ‘research objectives’:

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1. To gain familiarity with a phenomenon or to achieve new insights into it.

2. To portray accurately the characteristics of a particular individual, situation or a group.

3. To determine the frequency with which something occurs or with which it is associated.

4. To test causal relationship between two or more than two facts or situations.

5. To ‘know’ and ‘understand’ a phenomenon with a view to formulating the problem precisely.

6. To ‘describe’ accurately a given phenomenon and to test hypotheses about relationships among
its different dimensions.

Research Methodology:
In here we have extensively described the types of research and it’s correlation with the concept
of legality, there is also an extensive description on empirical research and its nature and the
scope it has spread through.



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 Types of research:

basic types of research are: (i) Descriptive and Analytical Research, (ii) Applied and
Fundamental Research, (iii) Quantitative and Qualitative Research, and (iv) Conceptual and
Empirical Research. Each one of these is briefly discussed here below:

Descriptive vs. Analytical Research Descriptive research, as its name suggests, describes the
state of affairs as it exists at present. It merely describes the phenomenon or situation under study
and its characteristics. It reports only what has happened or what is happening. It therefore does
not go into the causes of the phenomenon or situation. The methods commonly used in
descriptive research are survey methods of all kinds, including comparative and co - relational
methods, and fact - finding enquiries of different kinds. Thus, descriptive research cannot be
used for creating causal relationship between variables. While in analytical research, the
researcher uses his facts or information already available and makes their analysis to make a
critical evaluation of the material.

Applied vs. Fundamental Research Applied research or action research aims at finding a solution
for an immediate problem. Here the researcher sees his research in a practical context. While in
fundamental research or pure research or basic research, the researcher is mainly concerned with
generalisation and with the formulation of a theory. He undertakes research only to derive some
increased knowledge in a field of his inquiry. He is least bothered about its practical context or
utility. Research studies concerning human behaviour carried on with a view to making
generalisations about human behaviour fall in the category of fundamental or pure research. But
if the research (about human behaviour) is carried out with a view to solving a problem (related
to human behaviour), it falls in the domain of applied or action research.

The central aim of applied research is to discover a solution for some pressing practical problem,
while that of fundamental research is to find additional information about a phenomenon and
thereby to add to the existing body of scientific knowledge. The ‘applied’ scientist is thus works
within a set of certain values and norms to which

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he fee ls committed. A sociologist, for example, when works with a social problem to find
solution therefor and proposes, through a systematic inquiry, a solution or suggests some
measures to ameliorate the problem, his research takes the label of ‘applied’ or ‘a ction’ research.
But when he undertakes a study just to find out the ‘what’, ‘how’ of the social problem, his
inquiry takes the nomenclature of ‘pure’ or ‘fundamental’ research.

However, the above - mentioned ‘distinguishing factor’ between the ‘applied’ an d ‘fundamental’
research need not be conceived as a ‘line’ putting the two ‘across’ the ‘line’ forever or an ‘either -
or’ dichotomy. In fact, they are not mutually exclusive. There is a constant interplay between the
two, each contributing to the other in m any ways.

. Quantitative vs. Qualitative Research

Quantitative research is based on the measurement of quantity or amount. It is applicable to a

phenomenon that can be expressed in terms of quantity. It is systematic scientific investigation of
quantitative properties of a phenomenon and their inter - relation. The objective of quantitative
research is to develop and employ mathematical models, theories and hypotheses pertaining to
the phenomenon under inquiry. The process of measurement, thus, is central to quantitative
research because it provides fundamental connection between empirical observation and
mathematical expression of quantitative relationship.

Qualitative research, on the other hand, is concerned with qualitative phenomenon, i.e.
phenomenon relating to or involving quality or kind. For example, when a researcher is
interested in investigating the reasons for, or motives behind, certain human behaviour, say why
people think or do certain things, or in investing their attitudes towards, or opinions about, a
particular subject or institution, say adultery or judiciary, his research becomes qualitative
research. Unlike quantitative research, qualitative research relies on reason behind various
aspects of behaviour.

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Conceptual vs. Empirical Research

Conceptual research is related to some abstract idea(s) or theory. It is generally used by

philosophers and thinkers to develop new concepts or to re - interpret the existing ones. On the
other hand, empirical research relies on experience or observation alone, often without due
regard for system or theory. It is data - based research, coming up with conclusions that are
capable of being verified by observation or experiment. It is therefore also known as
experimental research. In empirical research, it is necessary to get facts firsthand, at their source.
In such a research, the researcher must first provide himself with a working hypothesis or guess
as to the probable results. He then works to gets enough facts (i.e. data) to prove or dis prove his
hypothesis.

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 EMPIRICAL RESEARCH:

The etymological origin of the word empirical refers to the medical practitioners in Greece who
refused to follow the dogmatic practices and preferred to rely based on observations of
phenomena perceived through experience Later empiricism referred to a theory of knowledge in
philosophy which adheres to the principle that knowledge arises from experience and evidence
gathered specifically using the senses. In scientific use, the term empirical refers to the gathering
of data using only evidence that is observable by the senses or in some cases using calibrated
scientific instruments. What early philosophers described as empiricist and empirical research
have in common is the dependence on observable data to formulate and test theories and come to
conclusions.

Empirical research is research using empirical evidence It is a way of gaining knowledge by

means of direct and indirect observation or experience empiricism values such research more
than other kinds. Empirical evidence (the record of one's direct observations or experiences) can
be analysed quantitatively or qualitatively. Quantifying the evidence or making sense of it in
qualitative form, a researcher can answer empirical questions, which should be clearly defined
and answerable with the evidence collected (usually called data). Research design varies by field
and by the question being investigated. Many researchers combine qualitative and quantitative
forms of analysis to better answer questions which cannot be studied in laboratory settings,
particularly in the social sciences and in education.
In some fields, quantitative research may begin with a research question (e.g., "Does listening to
vocal music during the learning of a word list have an effect on later memory for these words?")
which is tested through experimentation. Usually, a researcher has a certain theory regarding the
topic under investigation. Based on this theory, statements or hypothesis will be proposed (e.g.,
"Listening to vocal voice has a negative effect on learning a word list."). From these hypotheses,
predictions about specific events are derived (e.g., "People who study a word list while listening
to vocal music will remember fewer words on a later memory test than people who study a word
list in silence."). These predictions can then be tested with a suitable experiment. Depending on

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the outcomes of the experiment, the theory on which the hypotheses and predictions were based
will be supported or not, or may need to be modified and then subjected to further testing.

SIGNIFICANCE OF EMPIRICAL RESEARCH:

• First hand information is more reliable
• This is the generation where Hurdles arise between social and legal aspects, to remove these
hurdles from legal process the only possible way would be by practical study
• Empirical means scientific (reality as it exists)
• Time is contemporarily complicated enough so more research should be done in an instance ,
consuming less time (oxymoron)

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NATURE AND SCOPE OF EMPIRICAL RESEARCH:
Legal principles or doctrines are for the society at large or a part on a particular geographical
area for the welfare as a basic Moto. This is to study the actual relation between legal doctrine as
on variable and any other non-legal phenomenon as other variable and to seek the knowledge.
Empirical research methodology will help to smoothen the research purpose. But, there are some
limitations or factors inhibiting non-doctrinal or empirical research. During the empirical
research procedure researcher has to start field work to get information and data. But he has to
face some problems like authenticity of data ,i.e., researcher is supposed to have full-proof of the
data so collected by him in order to fulfil his research problem. Throughout the research work,
researcher collects number of data from where he has to extract the relevant material for his
particular work, which is one of the tough jobs. Even for field work, researcher has to spend
money and time more than that of a doctrinal research. Here researcher before the starting of his
work has to design properly so that time and money will not waste. At the time of research
design, researcher has to fix his variables according to particular group or sets in a particular
geographical area. Along with this, the researcher, while carrying out his empirical research may
has to face certain kind of danger which may hamper his reputation, even threat to his life. For
instance, a researcher while carrying out his research regarding the terrorist activities in certain
area is required to meet the rebellions to collect his data. In such collection, he may lose his life
as police and administrative authorities may consider him as one of the rebellions. In certain
cases, a researcher may not get the permission from the competent authority to visit the places or
area for his collection of relevant data. Also there are chances when the researcher may exceed
the governmental rules and policies and as a result of this his research may come to an end.

Different methods of collection of data result in different types of research methodology. Here
the purpose remains same as to answer particular research question or to solve the proposed
hypothesis. In case of empirical approach, researcher throughout his research work has to answer
basic four questions, i.e., why, whom, how and when related to research work. Why is to
establishes the need for the study, whom is to find out the different variables, samples or
population, where as how is for the selection of variables to observe and how to satisfy in

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analysing them and finally when it is to solve the question related to time and cost factor related
to the need of study .Data may be in form of numbers or narrative, which resulted to quantitative
or qualitative research pattern.

Qualitative research is a method of inquiry employed in many different academic disciples,

traditionally in the social sciences, but also in money market and further contexts5. Qualitative
researchers aim to gather an in-depth understanding of human behavior and the reasons that
govern such behaviour. The qualitative method basically tries to solve the problem in reference
to why and how along with the others, i.e., what, when and where. Here, data can be observed
but not measured or it only deals with descriptions like human behaviour, quality, beauty, impact,
social interaction, cause and effect, words, images or objects. Qualitative research is subjective in
nature where different methods of collecting information are adopted for tracing out related
depth and impact related to any particular individual or focuses a particular group. The nature of
this type of research is exploratory and open-ended.

Through this qualitative research work issues can be examined in depth and also interviews and
not restricted to any specific questions and it can be easy to obtain human behaviour and
experience on the basis of those data. When qualitative research has some limitation like research
quality is heavily dependent on the individual skills of the researcher and more easily influenced
by the researcher’s personal biased, rigour is more difficult to maintain, asses and demonstrate
by the researcher. Here, time is more consumed at the process of analysing and interpreting those
collected data. It may be biased data due to presence or using of words by researcher himself
during data gathering. Confidentiality of any relevant fact is a problem of the researcher during
presenting the finding for supporting the conclusion. Basically, quantitative approach views
human phenomena as being amenable to objective study, i.e., able to be studied. It gathers data in
numerical form which can be put categories, or in rank order, or measured in units of
measurement. This type of data can be used to construct pie-chart, graphs and tables of raw data.
Here primarily deductive process used to test pre-specified concepts, concepts constructs and
hypothesis that makes up a theory and the research document results by using objective language

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and the best thing is, it is useful for studying large numbers of people. Thus, in sociology,
qualitative research refers to the systematic empirical investigation of social phenomena via
statistical, mathematical or computational techniques.

Grant Henning defined the term as “the kind of research the involves the tallying, manipulation
or systematic of quantities of data” In the words of John W. Creswel, qualitative research is “an
inquiry into a social or human problem based on testing a theory composed of variables,
measured with numbers, and analysed with statistical procedure, in order to determine whether
the productive generalisation of the theory is true.”8 Again, the term quantitative research, as
defined by L.R. Gay as “the collection of numerical data in order to explain, predict and/or
control phenomena of interest.”9

The greatest strength of quantitative research is that it produces quantifiable, reliable data that
are usually generalise to some large population, and often reduces and restructures a complex
problem to a limited number of variables. But it has some weakness; it is more costly than using
quantitative research. Another problem often rises that is changing of numbers. Here knowledge
produced might be abstract and general for direct application to specific local situations, contexts
and individuals.

Law is for the society and law is also the outcome of present reaction of the society. Society
being a dynamic concept also influenced the law to become dynamic in character. On this basis,
it can be said that law and the society are the two sides of the same coin. Therefore, the
importance of study and research in the field of law as a special branch of knowledge hardly
needs to be emphasised. Highlighting the need and importance of legal learning and research the
National Knowledge Commission of India, inter-alia observed: “creating a tradition of research
in law schools and universities is imperative if India has to transform itself from being only a
consumer available legal knowledge to being a leading producer in the world of new legal
knowledge and ideas.”The basic purpose of legal research is to explore the possibilities of
improving the existing law to make it more effective and result oriented and/or to suggest a law

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on issues or facts for which there is no law in existence. Thus, legal research may be described as
a process of identifying and retrieving information on various facts of human conduct and
examine and analyse them in their legal perspective so as to solve the problems arising therefore.

EVALUATION ON EMPIRICAL RESEARCH:

Through empirical research, it is easy to study human behaviour, their interactions, and attitudes
pertaining to any law under the research studies. As law is of prime importance in the social life
of the human beings whose activities are regulated and controlled by law. Law includes Acts and
Codes, Rules and Regulations, Orders and Ordinances, by-laws, etc. It is well-known that law
does not grow in a vacuum and at the same time it cannot be static. It has to be dynamic and
must change as per the social needs and requirements. As such, social development including its
planning and progress will be affected. So a law has to keep pace with social advancement and
progress. Law helps to maintain law and order through the process of social engineering. All our
activities right from the stage of birth to death and throughout our day and night, are regulated
and controlled by laws. Law is to maintain law and order and for the administration of justice,
civil as well as criminal.

Too many law students, legal research presents a challenge because it differs in many ways from
other types of research they have conducted earlier. As mentioned earlier that the law and the
society are very closely linked to each other, thus, it can be stated that law is necessary for a
society. An initial step in developing research expertise is to develop an awareness of the types of
materials that constitute “the law”, and of the relationships between these materials. In the
process of researching a legal issue, it may be necessary to consult statutes, cases and/or
regulatory materials. A major challenge for a novice research is to gain a prospective on how
such sources may apply to a particular subject matter and how they relate to each other. A major
area in which legal research differs from other research is in need for comprehensiveness in
primary authority research. When presented with a legal issue, the researcher must endeavour to
locate any potentially relevant authority which would be binding in the applicable jurisdiction.
As law is organic, the legal researcher must also learn to appreciate the need to update and verify

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every source upon which he intends to rely in developing a legal argument. The empirical study
of law, legal systems and legal institutions is widely viewed as one of the most exciting and
important intellectual developments in the modern history of legal research. Motivated by a
conviction that legal phenomena can and should be understood not only in normative terms but
also as social practices of political, economic, and ethical significance, empirical legal
researchers have used quantitative and qualitative methods to illuminate many aspects of laws
meaning, operation and impact.

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CONCLUSION:

Empirical research helps us to understand how the law works in the real world-the impact that
law, legal institutions, legal personnel and associated phenomena have on people, communities
and societies, economic and political factors have on law, legal phenomena and institutions.
Empirical work on law draws an a range of social research methodologies, and can be found
within academic groupings such as socio-legal studies, law in context, law and society, empirical
legal studies, criminology and criminal justice, as well as within more mainstream departments
in law and the social sciences. In some countries such empirical scholarship is booming.

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 REFERENCE
ARTICLES:
• Dr. Paranjape Vinay N. Legal research – current trends. Legal Education Research
Methodology. PP77. Para 4.
• Dr. Mona Purohit. Legal Education and Research Methodology. PP 179. Para 4
Dr. Robergs. (2010). Research Methods-Introduction to Empirical Research. Dissertation.
June Summer Session.
• Denzin, Norman K. Lincoln and Yvonna S. (Eds). (2005). The Sage Handbook of
Qualitative Research. 3rd ed. Thousand Oaks.

WEBSITES:

Academia.edu

BOOKS AND POSTS:

• Heitink, G. (1999). Practical Theology: History, Theory, Action Domains: Manual for
Practical Theology. Grand Rapids, MI: Wm. B. Eerdmans Publishing, p. 233.
• Marshal Thurgood. (2013-2014). Introduction to Legal Authorities and Legal Research.
Law Library Guide to Legal Research. Available at: http://www.law.umaryland.edu/
marshall/researchguides/tmllguide/chapter1.pdf. visited on 23rd dec’2013 at 1pm.
• Cane Peter & Knitzer Herbert. The Oxford Handbook of Empirical Legal Research.
Oxford Handbooks in Law. Available at: http://www.amazon.com/oxford-Handbook-
Empirical-Research-Handbooks/dp/0119965994X.

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