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AN INTRODUCTION TO PLANNING AND DESIGNING IN LEGAL RESEARCH

INTRODUCTION

Generally, research means to search again. Although, there are accepted truth and theories in all fields of
knowledge, the intellectuals of the society are always inclined to probe for facts of the empirical world and
confirm the proved truth of his investigations by either accepting or correcting the existing theories in the
light of the contemporary data and its application. Such probing is called Research. In other words, research
is an investigation which is based on the original source of knowledge. It is inevitable for the advancement
of the nation in particular and world in general; otherwise, we will only progress with the change in times
and our concept will become static, which in turn would create problem for the purpose of application as we
know that the world is changing every second in terms of norms etc. Therefore, to keep pace with the
changing times, we have to do research and propound new ideas and theories to fulfil the needs of the
present generation as well as keeping the future in mind.

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”. According to
Encyclopaedia Britannica, “Research is an act of searching into a matter closely and carefully, inquiry
directly to the discovery of truth and in particular the trained specific investigation of the principles and
facts of any subject, based on original and first hand study of authorities or experiment”. As per Manheim
“Research is the careful, diligent and exhaustive investigation of a specific subject-matter, which has as its
aim the advancement of mankind’s knowledge”. Thus, research consists of the manipulation of things or
concepts for the purpose of generalization to accept, extend, correct or verify the existing knowledge in the
light of the available data and the new knowledge thus acquired may be used for the construction of a theory
or practice of art.

The systematic investigation of problems of and matters relating to law such as Codes, Acts, Judgements of
the courts, etc. is called Legal Research. All the persons associated with legal system namely; judges,
lawyers, law commissions, researchers, law students and the like constantly do research in law. Law is not
for law sake. Law and society are not divisible as water-tight compartments. They are interlinked. Co-
operative inter disciplinary research is required to deal with the socio-legal problems. Upendra Baxi says
that the lawyer must know much of sociology and the sociologists must know much of law. Law is an

Electronic copy available at: http://ssrn.com/abstract=1600771

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instrument of social control. It originates and functions in a society and for the society. The need for new
law, a change in existing law and the difficulties that surround its implementation cannot be studied in a
better manner without the sociological enquiry.1

Therefore, researchers cannot do anything in sociological research if they do not know at least the basics of
law, legal system and law institutions. Similarly a legal researcher cannot do justice to the legal inquiry if he
does not know the mechanics of social methods. Consequently, legal researchers do make systematic
research into social, political and other fact conditions which give rise to the individual rules, acts or codes.
They also examine the socio-legal and other effects of those acts or rules. A research of this kind is called
“Fact Research in Law”. Research may be pursued to obtain better knowledge and understanding of any
legal philosophy, legal philosophy, legal history, comparative study of law, or any system of positive law –
International or Municipal. The object of legal research is two fold namely; academic and utilitarian for the
purpose of acquisition of knowledge and to understand social life and thereby gain a greater measure of
control over social behaviour. Legal research can be classified in various ways. However, the most popular
classification of legal research is doctrinal and non- doctrinal research. In doctrinal research, the sources of
data are the reports of Appellate Courts, Conventional legal theory and statutory provisions whereas; unlike
doctrinal, in non doctrinal research, the methods like observation, interview, questionnaire, survey and case
study are used to discover the human conduct.

PLANNING IN RESEARCH

The proper planning is inevitable for research. It is important to plan the research strategy in advance, to
avoid wasting time in the law library and for accessing primary and secondary sources with confidence. It
makes it easier for the researcher to complete each step of the research process and also ensure that any
potential problems are considered before they eventuate. If the research is inadequately planned, we may
end up messing around with various things and consequently, the product or outcome is likely to be
incomplete, if not inaccurate. In short, devoted planning helps in proper time management, which is the
hallmark of the research, as knowledge, resources and talent without proper time management is often a
waste. Proper planning includes what specific task, researcher is going to do, who will do them (if working
in group), how they will be done, and when they will be completed. By taking the time to plan the activities,
researcher can effectively manage his time, improve his morale and attitude toward his research and provide

1
Dr. Myneni S.R., Legal research methodology, Allahabad Law Agency, Faridabad, Haryana, 1997

Electronic copy available at: http://ssrn.com/abstract=1600771

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a sense of security about his future research effort. According to Sharp and Howard2, the main purposes of
planning are to:
1. Clarify the aims and objectives of the researcher.
2. Define the activities required to attain these aims and the order in which they take place.
3. Identify various critical points or “milestones” in the research at which progress can be reviewed and the
research plan reassessed.
4. Produce estimates of times at which the various milestones will be reached so that progress can be hardly
measured.
5. Ensure that effective use is made of key resources, particularly the researchers themselves
6. Define priorities once the research is under way.
7. Serve as a guide for increasing the likelihood of successful completion on time.

For the successful completion of the project, the researcher should understand and follow certain steps. In
this context, there are differences of opinions, although the basic steps are the same and include the
following3:
1. Problem Definition : The first step of the research process is to define the problem that it is to be
answered by the research. This involves “a broad statement of the general problem and identification of the
specific components of the market research problem”4. This is the most important part of the process, as it
provides a focus and direction for the project. If the problem is unclear and poorly defined, the result could
be a lot of time and resources wasted on gathering potentially useless information and data. There is a
saying in research that “a problem well defined is a problem half solved”5. For the assistance in defining the
problem in legal research, some preliminary information should be gathered like consulting the secondary
data from the books etc., discussion with the teacher and so on. When the problem is clearly defined,
researcher can then begin the next step.
2. Research Objectives : The second step involves the establishing of research objectives. These objectives
will further assist in guiding the research project. Since there is not the time or resources to study every
single aspect relating to research project, it is more effective to focus on specific objectives for the research
in hand. These research objectives are the specific components of the research problem that the researcher
will be working to answer or complete in order to answer the overall research problem. 6 It is therefore,
important that the research objectives are clear and achievable, and that they will directly assist in answering
2
Sharp, J.A., & Howard, K. (1996), The management of a student research project, Aldershot, Uk: Gower
3
Polonsky M.J. & Waller D.S., designing and managing a research project, Response Books, New Delhi, Ed Ist, 2004.
4
Malhotra, N.K., Hall, J., Shaw, M., & Oppenheim, P. (2002). Marketing research: An applied orientation, Sydney: Pearson
Education.
5
Churchill, G.A. (2001), Basic marketing research, Chicago: Dryden Press.
6
Ibid
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the research problem. Research objectives are also referred to as research question or research hypotheses.
These three terms are often used interchangeably, though there are differences among them. The research
question is focussed and allows the researcher to identify the specific information which the researcher will
look at the project and research hypotheses are even more focussed while; the research objectives are
frequently broad and it is written as a statement regarding an action the researcher is about to undertake,
using the word “to” like “to discover….,” “to determine…,” “to ascertain…,” “to establish…,” etc.
3. Research Design : The third step involves deciding on the correct research design for the project. The
research design is the “framework or blueprint” for collecting the information needed for your project in the
best possible way7
4. Data Gathering : The fourth step is the gathering, or collecting, of the data. The procedures used to obtain
the data vary depending on the research design chosen and the source of the data. This step is a key part of
the research process and often represents the biggest cost of the research8. There are two main sources of
data:
a) Primary data (data originated by the researcher for the specific purpose of addressing the research
problem)
b) Secondary data (data collected for some purpose other than the problem at hand)
It is very important that secondary data be undertaken first, as this can provide invaluable background
information that can be used to define the project, develop objectives, and specify the correct methodology.
With the assistance of secondary data can then be gathered. Primary data can be qualitative or quantitative.
Qualitative research methods are “techniques involving small numbers of respondents who provide
information about their thoughts and feelings that are not easily projected to the whole population9”. These
include in-depth interviews, focus groups, projective techniques, and observational methods. Qualitative
methods effectively allow the researcher significant insights into the feelings of individuals who are in their
sample group, but the drawback is that results are not projectable. Quantitative research methods, on the
other hand, are techniques that are designed to generate information using statistical analysis that can be
projected to represent the population as a whole. These include surveys (personal, telephone, electronic, and
mail), observation, and experimentation. The two main objectives of gathering data are to maximize the
relevant information and to maximize errors10. Though all data collected may be valuable in some way,
certain collection methods are more suitable in particular situations than others. Often, it will depend on the
research problem as to exactly what type of data should be collected and analyzed. Thus data gathering is

7
Supra Note 4
8
Weller, S. C., & Romney, A. K. (1988). Systematic data collection, Newbury Park, CA: Sage.
9
Dillon, W.R, Madden, T. J., & Firtle, N.H. (1993), Essentials of marketing research, Homewood, IL: Richard Irwin.
10
Luck, D. J., & Rubin, R. S. (1987). Marketing research, Englewood Cliffs, NJ: Prentice Hall.
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crucial to the research process and the success of the research project. All of the research and planning effort
so far is of little use if the data is incorrectly collected.
5. Data Analysis and Interpretation : The fifth step is the analysis of the data that was gathered. The
procedures used to analyze the data will vary depending on the research design chosen and the data gathered.
The interpretation of the analysis will bring out the meaning of the data and convert the data into useful
information. This will give the information to answer the research objectives and overall research problem
and satisfy the requirements of the project. Once the data has been analyzed, clear recommendations can be
established based on the current research.
6. Presenting the Results : The sixth step of the research process is the presenting of the results of the
research. The researcher may have done an excellent job in planning the research, gathering the data, and
analyzing the data, but all the work can be wasted if the researcher cannot effectively communicate the
research results. The results can be presented in a written form, in a report, or in an oral form, in a
presentation. Reports are particularly important as they present the results in an organized and permanent
form and reflect the quality of research and also increase the likelihood of action11. For this purpose the
researcher has to develop in communication skills to ensure the research has been properly communicated
and the results are understood by the targeted audience.

LEGAL RESEARCH DESIGN

The term “design” means ‘drawing an outline’ or planning or arranging details. It is a process of making
decisions before the situation arises in which the decision has to be carried out. ‘Research Design’ is
planning a strategy for conducting research. It plans as to: what is to be observed, how it is to be observed,
how to record observations, how to analyse/interpret observations and how to generalise. Research design is
thus, a detailed plan of how the goals of research will be achieved. Research Design has been defined by
different authors in different terms.

According to Pauline V. Young, “A research design is a plan of action, a plan for collecting and analysing
the data in an economic, efficient and relevant manner”

According to Selltiz and others, “research design is a catalogue of the various phases and facts relating to
the formulation of a research efforts. It is an arrangement of the essential conditions for collection and

11
Ibid.
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analysis of data in a form that aims to combine relevance to research purpose with economy in the
procedure”

Nachmias and Nachmias have defined research design as “the programme that guides the investigator in the
process of collecting, analysing and interpreting observations”.

As per Miller, “designed research is the planned sequence of the entire process involved in conducting a
research study”.

The idealized research design comprises the specifications of the most efficient conceivable conditions and
procedures for conducting the research. In other words, an idealized design should maintain a balance
between scientificity, sufficiency and economy. The making of research design is a science as well as an art.
The researcher has to translate the idealized research model into a practical one. The practical design may be
conceived of as comprising the following four phases :
1. The Sampling Design – It deals with the method of selecting the subjects to be observed for the given
study.
2. The Observational Design – It relates to the conditions under which the observations are to be made or
the data are to be secured.
3. The Statistical Design – It deals with the question of how many subjects are to be considered and how the
observations are to be organized with a view to securing answer to the research problems.
4. The Operational Design – It deals with the specific techniques by which the procedures specified in the
sampling, statistical and observational design can be carried out.

Characteristics of a Good Research Design – A good research design should satisfy the following four
conditions :
1. Objectivity – The objectivity of the findings pertains to the methods of collection of data and scoring of
the responses. Any research design should permit the use of measuring instruments which are fairly
objective in which every observer seeing a performance arrives at precisely the same report. This ensures
the objectivity of the collected data will be used for the analysis, inferences and generalisations.
2. Reliability – It refers to ‘consistency’ throughout a series of measurement. In other words, if the
respondent gives out a response to a particular item, he is expected to give the same response to that item
whenever he is asked subsequently. The reliability of the data is determined by various methods like using
‘check items’, administering the same test repeatedly etc.
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3. Validity – Any measuring instrument is said to be valid when it measures what it purports to measure.
The procedure for establishing the validity of test is by validating the present data against a future or
concurrent criterion etc.
4. Generalisation – It represents the valid application of the findings of the sample to the population. In
other words, with how much confidence, an investor can say the same findings will be obtained even though
the data is collected from the total population from which the sample is selected.

Types of Research Design – Research Design differs depending upon the research purpose. The various
types of research design are as follows :
1. Design for Descriptive Research– The major goal of a descriptive research is to describe events,
phenomena and situations. In other words, in this type of design the characteristics of a group community or
people are described. In this research, data may be collected in a single situation pertaining to single time or
may be from two or more situations, places etc. Some example of descriptive research are : the nature and
magnitude of domestic violence against women, alcoholism among youth etc.
2. Design for Explanatory or Experimental Research – it is mainly concerned with causes or ‘why’ factor
about some phenomenon. It involves comparison and factors of change. For example, research on ‘violence
against women conducted by the author not only described varieties of violence like criminal assault,
murder, dowry deaths etc., but also explained why men commit violence because of personality traits like
dominance, suspicion, possession etc. and situation factors like resourceful, alcoholism, maladjustment,
strains, and stress and so on. The hypothesis in an explanatory research that expresses relationship between
two or more variables. That is, not only it is hypothesised that A is related to B but rather that A has some
particular effect on B. In other words, we say that B is the consequence of A.
3. Design for Exploratory Research – This research is mostly carried out when there is not sufficient
information available about the issues to be studied. In other words, the researcher has either no knowledge
or a limited knowledge. In this method, one has the freedom to follow his interesting way and to utilize his
own ingenuity in obtaining information. Yet the researcher should exercise judicious temperature in this
approach. For example, in the study of effects of TV on young students, what may be explored is the
magnitude of the problem or what percentage of students watches TV, the types of programmes, effect on
studies and impact on intra-family relations and so on. Similarly, the doctor’s inquiry of patient at the
beginning can be compared with the inquiry of researcher of this method. Exploratory Studies can be of
many forms, depending on the nature of the main study, the purpose of the research and the purpose of
exploration etc. Selltiz et al (1976) have referred to the following three forms :
a) Review of available literature – This involves a secondary analysis of available information already
published in some form. The available information about structure, process and relationships of the
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particular phenomenon with varied factors can help in linking it with the currently planned. It may also
help in a historical or comparative analysis of the issue or in reviewing a theory simply by looking at the
ways others researchers have approached the topic.
b) Expert Survey : This involve interviews with experts who have substantial knowledge and experience
in the research area although their findings have not yet been published yet.
c) Case Studies : This type refers to : “insight stimulating examples”. Single cases relevant to the issue
are selected and studied in order to collect information for the main study.

The exploratory study provides feasibility, familiarisation, new ideas, formulation of hypothesis and
operationalisation.
4. Survey Research Design – Backstrom and Hursh have referred to survey research also called field
research, as “gathering information about a large number of people by interviewing a few of them” The
survey design aims at all four goals of research namely : descriptive, exploration, explanation and
experimentation. The importance of survey design depends upon sampling. Some of the merits of the survey
design are that it is cost effective, provides flexibility and generalisation is more legitimate. However, it
holds certain disadvantages as well like it does not indicate the real sentiments of the respondents.
5. Case Study Design – In this design, the individual cases are studied in their natural environment. This
method requires a long period and a number of methods for data collection and analysis. Earlier, case
studies were considered of limited use since they do not allow generalisation. But today, case studies are
considered to be valid forms of inquiry both in descriptive and evaluative studies. Case studies are designed
to gain more data, to formulate hypotheses and to test the feasibility of the quantitative study. In quantitative
research, case studies are employed for three purposes namely; as a prelude to the real research, as a form of
pre-test and as a post-research explanation of the main study. Thus, case studies are used more to
supplement other studies than as autonomous research method. According to Yin, the design of research in
case study method contains the following steps :
a) An overview of the case study project. That is, what it is all about, the case to be investigated, the
aim of study, characteristics of the unit to be studied and so on.
b) Field procedure. That is choosing the case to be studied, finding ways of getting access to the unit
of study, including informers, selecting communication pattern and planning for unexpected events
that might affect the study.
c) Preparing questions that needs to be addressed in the study
d) Determining elements like style, format etc. needed for preparing report.
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Functions of Research Design – Black and Champion12 have given three important functions of research
design. These are as follows:
1. It provides blueprint – A researcher like house builder faces many problems like what sample is to be
taken, what is to be asked, what method of data collection is to be used and so on. Research plan minimises
all these problems of the researchers because all decisions are taken beforehand.
2. It limits boundaries of research activity – This refers to determining whether only one cause out of many
causes is to be examined, only one or a few hypothesis is to be tested etc. Since the objectives are clear and
the structure is also provided, systematic investigation is possible.
3. It enables investigation to anticipate potential problems – The researcher studies literature and learns
about new/alternative approaches, e.g; he gets an estimate of personnel required as investigator(s), cost,
possible measurements of problems and the like.

Aspects To Be Considered In Research Design - The researcher design results from certain decisions
taken and ordered in a certain sequence, by the researcher. The major design decisions are in reference to
the following aspects13 :
1. What the study is about and what are the types of data needed ?
2. Why the study is being made ?
3. Where the data needed can be found ?
4. Where or in what area the study will include ?
5. What periods of time the study will include ?
6. How much material or how many cases will be needed ?
7. What basis will be used for selection of cases ?
8. What technique of gathering data will be adopted ?
9. How will the data be analysed ?
10. What inferences can be drawn ?

The decisions relating to the above questions which constitute the trunk of the research design must be
based on good grounds. The design decisions must be based on an accepted methodology.

Components Of A Research Design14 -While planning a research design, the researcher should proceed
step by step in the following order :

12
Black, James A. and Dean J. Champion, Methods and Issues in Social Research, John Wiley, New York, 1976.
13
Supra Note 1
14
Ibid.
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1. Title of the investigation – Firstly the researcher should select the title of the research project. The title of
any research project should be as brief as possible and as precise as possible. Besides, it should project the
scope of the problem in generalised terms.
2. Review of the relevant prior literature – A good reading of primary and secondary materials drawn from
law library is inevitable for an empirical research. This makes a researcher conversant with the earlier
theories and important variables concerning the area of research. The investigator has to review previous
studies on the subject to critically examine the following :
a) To know about the different areas covered by various studies.
b) To get acquainted with the different meanings given to certain concepts in various studies.
c) To concentrate on the areas where little research has been carried out.
d) To look into different merits and shortcomings of the research design follower in different studies and
e) To verify the present findings with the previous findings.
3. Scope of the investigation – The scope of any investigation is dependent on several factors such as time,
money and manpower available to the investigator. Availability of the sample, accessibility of the investor
to the respondents etc. should be reported in explicit terms.
4. Objectives of the study – Objectives which are within the scope of the investigator will be spell out in the
form of statements.
5. Formulation of Hypothesis – The hypothesis that is to be tested by the researcher should contain the
following criteria :
a) must be an adequate answer to the specific problem that demands an answer
b) should have logical simplicity
c) should be expressed in a qualified form
d) must be verifiable
e) must be stated in such a way as to allow it to be refuted
6. Selection of the Sample – No investigator can study the entire population and hence selects a few
individuals belonging to a population. He has to select a sample having the following criteria :
a) the sample must represent the universe.
b) the sample must be of adequate size to produce reliable results.
c) the sample must be an efficient one (i.e; in comparison with alternate design)
7. Data Collection – One must be careful in the choice of research method or through which he intends to
collect data. He should decide about the use of instruments such as questionnaires, interview schedules,
project techniques, observation schedules etc.
8. Analysis and Interpretation of the Data – The recorded facts have to be classified and logically arranged.
The researcher has to identify the relationship between facts or set of facts with other facts or set of facts.
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The analysis of facts is being done in most empirical research by using tables and cross tables. The investor
should subject the data to appropriate statistical analysis. The results have to be interpreted in relation to the
previous findings and for the purpose of generalisation through inductive inference and to uncover any
additional factors which could not be visualised by the investigator earlier.
9. Verification of Results – Other studies should be selected for verification having the same characteristics
of the present study.
10. Operational Designing – It includes the following :
a) Time Bugeting : The object should be broken up in suitable stages and the line time required for the
completion of each stage of work should be specified.
b) Cost Estimation : The cost of the project is to be estimated in terms of the expenses of travelling, data
processing, stationery and printing, books and journals etc.
c) Organisational Framework : An organisational chart indicated the position, tasks and number of
persons, their level of qualifications required to fill the different positions should be given.
d) Geographical Areas to be Covered by the Study : Each socio-cultural area should also be studied in
relation to its physical and geographical aspects. Map of the area of their concern be drawn for this
purpose.

CONCLUSION

Research design is essential for any research problem since it helps to carry out the various research
operations very smoothly, thereby making research as efficient as possible by giving maximum information
by economising or minimising time, energy and cost. In other words, it stands for advancing planning of the
methods to be adopted for collecting the relevant data and the techniques to be used in their analysis;
keeping in view of the objective of research and the availability of time and physical and financial resources.

Thus on the plain interpretation, it seems that ‘planning’ and ‘designing’ are similar or perhaps even same.
However, broadly speaking, one of the main differences between the two is that the former includes the
latter. In other words, designing is a part of planning. Secondly, planning is the first approach which
signifies the rough plan of the entire project starting from selecting the topic till the presentation. Whereas;
after this rough planning, the researcher should design his project. That is, he would be able to note and
foresee each and every step and therefore act accordingly. Nevertheless, the importance of planning and
designing cannot be overshadow by the conflict and confusion involved in their similarity. One of the sign
of good project is that, it was properly planned or designed beforehand for the obvious reasons that the data
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available or the sources of data are uncountable and barring experience, inventiveness on the part of the
researcher etc., one of the his most important work is to narrow down the area in terms of data collection or
literature survey and yet to produce a result which could be generalised. In short, given the limitation of
resources in general and time in particular, the planning which is the first step to the research should be spot
on, as it is a foregone conclusion that a good planning would produce comparatively better product than a
poorly planned work.