KAMKUS COLLEGE OF LAW

LL.M. IST SEM

(PAPER CODE: L-1004)
LEGAL EDUCATION AND RESEARCH METHODOLOGY

Objectives of Legal Education

1.0. Objectives
1.1. Introduction
1.2 Subject explanation
1.2.1. Introduction of Legal Education in India
1.2.2. Importance of Legal Education
1.2.3. Legal Profession – A Noble Profession
1.2.4. Ethics in legal profession
1.2.5. Globalization and Challenges to Legal Profession
1.3. Questions for self-learning/ Exercise
1.4. Let us sum up

Education is a radiance that shows the mankind the right path to move forward.
The purpose of education is not just making a student literate but to develop
rationale thinking, enhances knowledge and self sufficiency
1.0 Objectives
1.0.1. To study how and why Legal Education was Introduced in India
1.0.2. To be enable to understand the Importance of Legal Education
1.0.3. To study why Legal Profession is a Noble Profession
1.0.4. To be enable to understand Ethics in legal profession
1.0.5. To know what are Challenges to Legal Profession

1.1. Introduction:
According to a legendary proverb “A man without education is a strange animal.”
Dr. Babasaheb Ambedkar was of the opinion that education will liberate all and
hence he called each and every one to be educated, unite and fight against the odds
of the society. The encyclopedia of education defines legal education as a ‘skill for
human knowledge which is universally relevant to the lawyer’s art and which
deserve special attention in educational institutions’

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1. Former Justice Dada Dharmadhikari has rightly remarked that ‘legal education
makes lawyer an expert who pleads for all like the doctor who prescribes for all,
like the priest who preach for all and like the economist who plan for all’
2. It may really be termed as an art that enjoys the capability to make lawyer a best
pleader for the public at large.
Education does not mean mere “accumulation of information” or acquisition of
degrees. It is the motivating force behind the character and personality of the
student that mould him into a good human being. Education pulls out a person
from ignorance, superstitions and narrow-minded selfishness and lead towards
progress, liberation and social behavior respectively. Even an old Sanskrit proverb
state that education which leads to liberation; liberation from ignorance which
shrouds the mind; liberation from superstition which paralyses efforts; liberation
from prejudice which blinds the vision of truth.
1.2. Subject Explanation
1.2.1. Introduction of Legal Education in India:
The concept of dharma, in the Vedic period, can be seen as the concept of the legal
education in India. Although there is no record of formal training in law, the
dispensation of justice was to be done by the king on the basis of a self-acquired
training. Justice was also administered by the King through his appointees who in
turn were persons of known integrity and reputation of being fair and impartial.
The guiding force for the King or his appointee was the upholding of the
Dharma.
In modern India legal education came in to existence in 1885. Numerous
committees were foamed to consider and propose reforms in legal education.
Constitution of India basically laid down the duty of imparting legal education.
Advocates’ Act, 1961 which brought uniformity in legal system. In the changed
scenario the additional roles envisaged are that of policy planner, business advisor,
negotiator of any interested groups etc. In the Era of Globalization legal system in
India includes catering the needs of new brand consumers or clients namely
foreign
companies, collaborators etc. Strengthening our legal education system is need to
face the new challenges. Imparting of legal education has always been considered
as one to the noblest profession. Legal education which is part of general education
cannot be viewed in isolation. Today, legal education derives its impetus from the
economic, social and economic and political set up of the society.

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1.2.2. Importance of Legal Education
Globalization has called upon the law to execute numerous responsibilities in
society and lawyers are expected to act as change agents and social engineers in
governance and development. If law is a tool for social engineering and social
control, it should be studied in the social content. This means integrating law
subjects with social and behavioral sciences. This would enable the lawyer to solve
problems in socially acceptable ways and assist in developing public. The
following objects of legal education can be cited for consideration:

1. The legal education should be able to meet ever-growing demands of the

society and should be thoroughly equipped to cater to the complexities of
the different situations.
2. Legal education has an important role in directing and moderating social change.
In this regard it has to operate as conscience-keeper of society.
3. Legal communication shall manifest higher moral values; shall maintain high
degree of competence discipline and ensure that no section of society is denied of
access to its services because of poverty or social status.
4. Legal education seeks to impart appropriate training, which should be made
available through professionals.
5. Legal education is expected to inculcate law students with the operative legal
rules both substantive and procedural.
6. The prime object of the legal education is to produce efficient lawyers.
7. Legal education must equip the student with the necessary theoretical and
practical skills to deal with the diverse and expanding world of legal practice.
Lacunae in Present Legal Education:
There are various lacunae in present system of imparting legal education which
considerably impaired movement of building new generation of efficient lawyers,
teachers for India. These are:
1. There is no separate law university in all the states to govern the educational
institutions.
2. The law institutions are presently affiliated to general universities which already
have loads of burden of different faculties like Art, Science and Commerce
colleges. This caused adverse impact on the curriculum,
syllabi etc. and of course, on the development of legal education.
3. Mushroom growth of private non-granted law colleges is seen everywhere and
they are ill equipped. Only part-time teachers are manned in such institutions.

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4. The vacancies of permanent teachers are not filled upperhaps due to lack of
qualified candidates and of course, due to mal-practices in recruitment process.
5. If a person has nothing to do, they join law course this is the situation of
admission in legal education today.
6. The students of present generation are having ambition to become doctor or
engineer, but they do not want to be a lawyer or law teacher. It means legal
education is unable to attract these students. This deficiency can be worked out by
offering job opportunity to students.
7. Some colleges adopted regional language as medium of instruction and
examination. There will be conveyance of regional language to students but there
will not be uniformity in legal education. Diversified legal education may cause
deficiency.
8. As traditional teaching methods are still used in class-rooms, legal education
does not attract students to come and sit in class-rooms.
9. Attendance ratio is considerably poor in some educational institutions.
10. Traditional talk and chalk method of teaching is still adopted in majority of law
colleges for teaching. The teachers are not still motivated to use modern
technologies like computer, projector, discussion method etc. while teaching. The
product of such traditional system of education will not be able to cope-up the
problems of present IT age. Therefore, students learn traditional skills and
knowledge. But the modern IT age needs a lawyer with diversified skills and
multi-tasking abilities which the traditional curriculum and syllabi do not provide.
11. There is no proper clinical (practical) knowledge to students of rural law
colleges. They are getting the theoretical knowledge of advocacy.
12. The student of some reputed law school use to assist judges, leading
practitioners as their curriculum provides for such assistance. Therefore, those
students acquire all the potentials of advocacy which the rural student is not
acquiring.
13. No internship in law profession as it is in medical profession. It was in
India for three years then it was withdrawn after Hon. Supreme Court
decision.
1.2.3. Legal Profession – A Noble Profession:
The practice of law is a noble profession. It is a profession that depends upon
diverse people of honesty, integrity, compassion, and courage to join its ranks if it
is to fulfil its responsibility to preserve and defend liberty and justice. It is a
profession that asks its members to make a commitment to the rule of law and

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accessibility by all segments of society. That brings an obligation to imbue future
generations with an understanding of and appreciation for the rule of law, judicial
system, and the role of a profession.
1.2.4. Ethics in legal profession:
The following are the rules prescribed by the Bar council of India
Advocate’s Duty towards the Court:
1. Act in a dignified manner

During the presentation of his case and also while acting before a court, an
advocate should act in a dignified manner. He should at all times conduct himself
with self-respect. However, whenever there is proper ground for serious complaint
against a judicial officer, the advocate has a right and duty to submit his grievance
to proper authorities.
2. Respect the court
An advocate should always show respect towards the court. An advocate has to
bear in mind that the dignity and respect maintained towards judicial officer is
essential for the survival of a free community.
3. Not to communicate in private
An advocate should not communicate in private to a judge with regard to any
matter pending before the judge or any other judge. An advocate should not
influence the decision of a court in any manner using illegal or improper means
such as coercion, bribe etc.
4. Refuse to act in an illegal manner towards the opposition
An advocate should refuse to act in an illegal or improper manner towards the
opposing counsel or the opposing parties. He shall also use his best efforts to
restrain and prevent his client from acting in any illegal, improper manner or use
unfair practices in any manner towards the judiciary, opposing counsel or the
opposing parties.
5. Refuse to represent clients who insist on unfair means
An advocate shall refuse to represent any client who insists on using unfair or
improper means. An advocate shall excise his own judgment in such matters. He
shall not blindly follow the instructions of the client. He shall be dignified in use of
his language in correspondence and during arguments in court. He shall not
scandalously damage the reputation of the parties on false grounds during
pleadings. He shall not use unparliamentary language during arguments in the
court.

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6. Appear in proper dress code
An advocate should appear in court at all times only in the dress prescribed under
the Bar Council of India Rules and his appearance should always be presentable.
7. Refuse to appear in front of relations
An advocate should not enter appearance, act, plead or practice in any way before a
judicial authority if the sole or any member of the bench is related to the advocate
as father, grandfather, son, grandson, uncle, brother, nephew, first cousin, husband,
wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-inlaw,
brother-in-law daughter-in-law or sister-in-law.
8. Not to wear bands or gowns in public places
An advocate should not wear bands or gowns in public places other than in courts,
except on such ceremonial occasions and at such places as the Bar Council of India
or as the court may prescribe.
9. Not to represent establishments of which he is a member
An advocate should not appear in or before any judicial authority, for or against
any establishment if he is a member of the management of the establishment. This
rule does not apply to a member appearing as “amicus curiae” or without a fee on
behalf of the Bar Council, Incorporated Law Society or a Bar Association.
10. Not to appear in matters of pecuniary interest
An advocate should not act or plead in any matter in which he has financial
interests. For instance, he should not act in a bankruptcy petition when he is also a
creditor of the bankrupt. He should also not accept a brief from a company of
which he is a Director.
11. Not to stand as surety for client
An advocate should not stand as a surety, or certify the soundness of a surety that
his client requires for the purpose of any legal proceedings.
Advocate’s Duty towards the Client:
1. Bound to accept briefs
An advocate is bound to accept any brief in the courts or tribunals or before any
other authority in or before which he proposes to practice. He should levy fees
which is at par with the fees collected by fellow advocates of his standing at the
Bar and the nature of the case. Special circumstances may justify his refusal to
accept a particular brief.
2. Not to withdraw from service
An advocate should not ordinarily withdraw from serving a client once he has
agreed to serve them. He can withdraw only if he has a sufficient cause and by
giving reasonable and sufficient notice to the client. Upon withdrawal, he shall

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refund such part of the fee that has not accrued to the client.
3. Not to appear in matters where he himself is a witness
An advocate should not accept a brief or appear in a case in which he himself is a
witness. If he has a reason to believe that in due course of events, he will be a
witness, then he should not continue to appear for the client. He should retire from
the case without jeopardising his client’s interests.
4. Full and frank disclosure to client
An advocate should, at the commencement of his engagement and during the
continuance thereof, make all such full and frank disclosure to his client relating to
his connection with the parties and any interest in or about the controversy as are
likely to affect his client’s judgement in either engaging him or continuing the
engagement.
5. Uphold interest of the client
It shall be the duty of an advocate fearlessly to uphold the interests of his client by
all fair and honourable means. An advocate shall do so without regard to any
unpleasant consequences to himself or any other. He shall defend a person accused
of a crime regardless of his personal opinion as to the guilt of the accused. An
advocate should always remember that his loyalty is to the law, which requires that
no man should be punished without adequate evidence.
6. Not to suppress material or evidence
An advocate appearing for the prosecution of a criminal trial should conduct the
proceedings in a manner that it does not lead to conviction of an innocent. An
advocate shall by no means suppress any material or evidence, which shall prove
the innocence of the accused.
7. Not to disclose the communications between client and himself
An advocate should not by any means, directly or indirectly, disclose the
communications made by his client to him. He also shall not disclose the advice
given by him in the proceedings. However, he is liable to disclose if it violates
Section 126 of the Indian Evidence Act, 1872.
8. An advocate should not be a party to stir up or instigate litigation.
9. An advocate should not act on the instructions of any person other than his
client or the client’s authorized agent.
10. Not to charge fee depending on success of matters
An advocate should not charge for his services depending on the success of the
matter undertaken. He also shall not charge for his services as a percentage of the
amount or property received after the success of the matter.

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11. Not to receive interest in actionable claim
An advocate should not trade or agree to receive any share or interest in any
actionable claim. Nothing in this rule shall apply to stock, shares and debentures of
government securities, or to any instruments, which are, for the time being, by law
or custom, negotiable or to any mercantile document of title to goods.
12. Not to bid or purchase property arising of legal proceeding
An advocate should not by any means bid for, or purchase, either in his own name
or in any other name, for his own benefit or for the benefit of any other person, any
property sold in any legal proceeding in which he was in any way professionally
engaged. However, it does not prevent an advocate from bidding for or purchasing
for his client any property on behalf of the client provided the Advocate is
expressly authorized in writing in this behalf.
13. Not to bid or transfer property arising of legal proceeding
An advocate should not by any means bid in court auction or acquire by way of
sale, gift, exchange or any other mode of transfer (either in his own name or in any
other name for his own benefit or for the benefit of any other person), any property
which is the subject matter of any suit, appeal or other proceedings in which he is
in any way professionally engaged.
14. Not to adjust fees against personal liability
An advocate should not adjust fee payable to him by his client against his own
personal liability to the client, which does not arise in the course of his
employment as an advocate.
15.An advocate should not misuse or take advantage of the confidence reposed
in him by his client.

16.Keep proper accounts

An advocate should always keep accounts of the clients’ money entrusted to him.
The accounts should show the amounts received from the client or on his behalf.
The account should show along with the expenses incurred for him and the
deductions made on account of fees with respective dates and all other necessary
particulars.
17. Not to Divert money from accounts
An advocate should mention in his accounts whether any monies received by him
from the client are on account of fee or expenses during the course of any
proceeding or opinion. He shall not divert any part of the amounts received for
expenses as fee without written instruction from the client.

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18. Intimate the client on amounts
Where any amount is received or given to him on behalf of his client, the advocate
must without any delay intimate the client of the fact of such receipt.
19. Adjust fee after termination of proceedings
An advocate shall after the termination of proceedings, be at liberty to adjust the
fees due to him from the account of the client. The balance in the account can be
the amount paid by the client or an amount that has come in that proceeding. Any
amount left after the deduction of the fee and expenses from the account must be
returned to the client.
20. Provide copy of accounts
An advocate must provide the client with the copy of the client’s account
maintained by him on demand, provided that the necessary copying charge is paid.
21. An advocate shall not enter into arrangements whereby funds in his hands
are converted into loans.
22. Not lend money to his client
An advocate shall not lend money to his client for the purpose of any action or
legal proceedings in which he is engaged by such client. An advocate cannot be
held guilty for a breach of this rule, if in the course of a pending suit or proceeding,
and without any arrangement with the client in respect of the same, the advocate
feels compelled by reason of the rule of the Court to make a payment to the Court
on account of the client for the progress of the suit or proceeding.
23. Not to appear for opposite parties
An advocate who has advised a party in connection with the institution of a suit,
appeal or other matter or has drawn pleadings, or acted for a party, shall not act,
appear or plead for the opposite party in the same matter.
Advocates Duty towards the Opponents:
1. Not to negotiate directly with opposing party
An advocate shall not in any way communicate or negotiate or call for settlement
upon the subject matter of controversy with any party represented by an advocate
except through the advocate representing the parties.
2. Carry out legitimate promises made
An advocate shall do his best to carry out all legitimate promises made to the
opposite party even though not reduced to writing or enforceable under the rules of
the Court.

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Advocates Duty towards Fellow Advocates:
1. Not to advertise or solicit work
An advocate shall not solicit work or advertise in any manner. He shall not
promote himself by circulars, advertisements, touts, personal communications,
interviews other than through personal relations, furnishing or inspiring newspaper
comments or producing his photographs to be published in connection with cases
in which he has been engaged or concerned.
2. Sign-board and Name-plate
An advocate’s sign-board or name-plate should be of a reasonable size. The
signboard or name-plate or stationery should not indicate that he is or has been
President or Member of a Bar Council or of any Association or that he has been
associated with any person or organization or with any particular cause or matter or
that he specializes in any particular type of work or that he has been a Judge or an
Advocate General.
3. Not to promote unauthorized practice of law
An advocate shall not permit his professional services or his name to be used for
promoting or starting any unauthorized practice of law.
4. An advocate shall not accept a fee less than the fee, which can be taxed
under rules when the client is able to pay more.
5. Consent of fellow advocate to appear
An advocate should not appear in any matter where another advocate has filed a
vakalt or memo for the same party. However, the advocate can take the consent of
the other advocate for appearing.
In case, an advocate is not able to present the consent of the advocate who has filed
the matter for the same party, then he should apply to the court for appearance. He
shall in such application mention the reason as to why he could not obtain such
consent. He shall appear only after obtaining the permission of the Court.

1.2.5. Globalization and Challenges to Legal Profession:

The main challenge facing India’s legal and judicial systems is delivering justice to
poor people. For the most part, people deprived of Constitutional or legislative
rights have little access to courts. With the cost of good quality legal services
escalating, the ability of common people to get effective, high quality legal
assistance and access to justice is diminishing and the legal system is in danger of
becoming further alienated from common people. New and innovative solutions
are needed to ensure that common people have access to justice and that legal ideas
and legal knowledge protect their interest. Increasing numbers of the best law

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graduates are moving to corporate law practice and civil and criminal litigation at
the local level is suffering from a serious dearth of adequately qualified
legal professionals. It is therefore imperative that legal education should prepare
students with the aptitude, interest, commitment, skills and knowledge necessary to
work with socially excluded people and the poor at the local level, to advance the
cause of justice.The Law Commission in its 184th Report, (2002) (Para 5.16) has
pointed out that there are revolutionary changes which have come into legal
education by reason of developments in information, communication, transport
technologies, intellectual property, corporate law, cyber law, human rights, ADR,
international business, comparative taxation laws, space laws, environmental laws
etc. and that “The very nature of law, legal institutions and law practice are in the
midst of a paradigm shift”.
Globalization has called upon the law to execute numerous responsibilities in
society and lawyers are expected to act as change agents and social engineers in
governance and development. If law is a tool for social engineering and social
control, it should be studied in the social content. This means integrating law
subjects with social and behavioral sciences. This would enable the lawyer to solve
problems in socially acceptable ways and assist in developing public. The
following objects of legal education can be cited for consideration:
8. The legal education should be able to meet ever-growing demands of the society
and should be thoroughly equipped to cater to the complexities of the different
situations.
9. Legal education has an important role in directing and moderating social change.
In this regard it has to operate as conscience-keeper of society.
10. Legal communication shall manifest higher moral values; shall maintain high
degree of competence discipline and ensure that no section of society is denied of
access to its services because of poverty or social status.
11. Legal education seeks to impart appropriate training, which should be made
available through professionals.
12. Legal education is expected to inculcate law students with the operative legal
rules both substantive and procedural.
13. The prime object of the legal education is to produce efficient lawyers.
14. Legal education must equip the student with the necessary theoretical and
practical skills to deal with the diverse and expanding world of legal practice.
1.3. Questions for self-Learning /Exercise
1. Discuss how and why Legal Education was Introduced in India
2. Write an essay on Importance of Legal Education

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3. Explain why Legal Profession is a Noble Profession?
4. What are Ethics a person has to follow while being in legal profession?
5. What according to you are Challenges to Legal Profession?

LECTURE METHOD OF TEACHING

Objectives
Introduction
Topic Explanation
2.2.1. Concept of Lecture Method
2.2.2 Merits of Lecture Method
2.2.3 Demerits of Lecture Method
2.2.4 Guidelines for Effective use of Lecture Method
2.3. Questions for self-learning/ Activities
2.4. Let us sum up
2.0. Objectives
2.0.1. To define lecture method
2.0.2. To outline the merits of lecture method
2.0.3. To explain the demerits in lecture method
2.0.4. To enumerate guidelines for effective utilization of lecture method.
2.1. Introduction
Lecture method is one of the oldest methods used in classroom by teachers to
impart knowledge to students. so, it is becoming necessary to explain the meaning,
merit and pitfalls in lecture method and also provide hints for effective utilization
of this method. Teaching, in its simplest sense, is imparting knowledge. It is the
connotation of experience. This experience may consist of facts, truths, doctrines,
ideas, or ideals, or it may consist of the processes or skills of an art. The teacher is
the sender or the source, the educational material is the information or message,
and the student is the receiver of the information.
This type of sending and receiving is known as communication. There are various
modes of communication. It may be taught by the use of words, by signs, by
objects, by actions, or by examples; but whatever the substance, the mode, or the
aim of the teaching, the act itself, fundamentally considered, is always
substantially the same: it is a communication of experience. It is like painting a
picture one conceives in the mind of another. It is influence over the thought and

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understanding and the shaping them thereof to the understanding of some truth
which the teacher knows and wishes to communicate.
2.2. Lecture Method of Teaching - Merits and Demerits
Lectures in the sense are systematic presentation of knowledge. It is considered as
effective means of teaching. It is oldest teaching method given by philosophy of
idealism. As used in education, the lecture method refers to the teaching procedure
involved in clarification or explanation to the students of some major idea. This
method lays emphasis on the penetration of contents into the minds of the students.
2.2.1 Concept of Lecture Method
Teaching by lectures is probably one of the oldest methods used by classroom
teachers. As a widely practiced method of teaching, a teacher can reach a large
number of students at the same time; a large number of materials can be covered in
a short period of time. This is a ‘teacher-centered’ approach involving largely a
one-way form of communication from teacher to students. The teacher, as the
authoritative figure, does most of the writing and talking (chalk and talk) with the
students as mere passive recipients of information-listening and writing down a
few notes and asking few or no questions. The basic fundamental postulations of
this type of method are that the teacher has knowledge, or can acquire knowledge,
and that the teacher can give knowledge to students.
The lecture method is considerably cheap to operate since no special teaching aids
are required. It requires nominal planning. Its expository nature provides the
teacher a feeling of security as the “influential figure” in the class. No matter how
easy this method may appear, teachers must make efforts, to plan and organize
their lecture to cover the subject matter to be presented and the manner in which it
will be presented. In the introduction, the law teacher should identify the subject of
the lecture and connect it with past lessons and try to stimulate interest on the
subject matter. The body of the lecture should be presented in a logical order,
building from what the students already know towards new knowledge that the
teacher wants them to absorb. Knowledge is presented in small enough doses so
that the students can absorb the material and at a slow enough pace. The pace
however should not be too slow to make the students disinterested. Both the level
of vocabulary used and the technical nature of the subject must correspond to the
capability of the students.
Teacher is more active and students are passive but he also uses question answers
to keep them attentive in the class. It is used to motivate, clarify, expand and
review the information. By changing his Voice, by impersonating characters, by
shifting his posing, by using simple devices, a teacher can deliver lessons

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effectively, while delivering his lecture; a teacher can indicate by his facial
expressions, gestures and tones the exact soul of meaning that he wishes to convey.
Thus, we can say that when teacher takes help of a lengthy or short explanation in
order to clarify his ideas or some fact that explanation is termed as lecture or
lecture method.
The primary advantage of a lecture is its ability to present a large number of facts
in a short period of time but it is necessary that the students should accept and
understand the subject matter to be presented. Lecture method makes fewer
demands on the teacher’s time for planning and preparing and is therefore an
attractive and easy method of teaching. It is very useful in conveying factual
information when introducing new topic.
2.2.2. Merits of the Lecture Method of Teaching:
The advantages and the lecture method can be explained as follows:
1. The teacher controls the topic, aims, content, organization, sequence, and rate.
Emphasis can be placed where the teacher desires.
2. The lecture can be used to motivate and increase interest, to clarify and explain,
to expand and bring in information not available to the students, and to review.
3. The number of students listening to the lecturer is not important.
4. Students can interrupt for clarification or more detail.
5. The lecture can be taped, filmed, or printed for future use.
6. Other media and demonstrations can be easily combined with the lecture.
7. The lecture can be easily revised and updated.
8. The teacher can serve as a model in showing how to deal with issues and
problems.
9. Students are familiar to the lecture method.
10. It is relatively less expensive as no special apparatus is needed.
11. Lecture method gives a teacher a sense of security by reliance upon the
supposed authority of the dispenser of knowledge.
12. Lecture method channels the thinking of all students in a given direction.
13. Large materials can be covered in a short time period.
14. It is very economical to use.
Because of its advantages, a majority of instructors use the lecture method.
The lecture is one of the most efficient teaching methods for presenting many facts
or ideas in a relatively short time. Material that has been sensibly organized can be
presented quickly in rapid succession. The lecture is particularly suitable for
introducing a subject. To ensure that all students have the necessary background to
learn a subject, we can present basic information in a lecture. By using the lecture

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in this manner, we can offer students with varied backgrounds of common
understanding. A brief introductory lecture can give direction and purpose to a
demonstration or prepare students for a discussion.
The lecture is a convenient method for instructing large groups. If necessary, we
can use a public address system to ensure that all students can hear us. The lecture
is sometimes the only efficient method to be used if student-to-faculty ratio is high.
The lecture is often useful to supplement material from other sources or for
information difficult to obtain in other ways. If students do not have time for
research or if they do not have access to reference material, the lecture can be a
good help. In subject areas where information is available in widely scattered
places such as in textbooks, journals, tapes etc, the lecture allows the instructor to
summarize and emphasize pertinent material. Reports, current research, and
information, which change frequently, may not be easily available in written form,
and the lecture can give students the most up-to-date information. The lecture
allows a large number of students to receive information from real experts in a
subject. In general, a person who can speak from actual experience or a scholar
who has carefully analyzed the results of research will have great credibility with
students. The lecture is often the most effective way of communicating the energy
and enthusiasm of a person who has actual experience in a field, thus motivating
students.
2.3.3. Demerits of the Lecture Method:
‘A lecture has been well described as the process whereby the notes of the
teacher become the notes of the student without passing through the mind of
either.’ ―
Lecture method is a very traditional method of teaching and, therefore has received
a great deal of disapproval. In this modern era when educational methods and
curriculum content are undergoing extensive reforms we cannot continue with the
old tradition as it is not so effective. As well as the grownup students cannot listen
to someone continuously. Also, it does not provide the students Opportunities to
practice communication or manipulative skills Lecture method does not promote
learning since it discourages students’ activities thus denying ample opportunity
for assessment of progress. It encourages rote-learning and allows little scope for
the students to develop an enquiry mind and critical thinking towards their
learning. It is not suitable for slow-learners. Lecture method is not adequate in
teaching certain types of concepts for example, attitudes and feeling which are not
learnt through pure telling. Due to its expository nature, it is very difficult to adapt
to individual differences among students. It makes students to be passive listeners

15
and this does not allow students to be actively involved in both the planning and
development of learning. Consequently, the desired learning outcome may not be
achieved.
The following can be listed as disadvantages: -
1. Some of the students may already know the content of the lecture while
some may not be ready for the lecture. Those who now may not be interested those
who are not ready may be restless? This may not give the possible effect to the
teaching.
2. Lectures are group based. In India their huge gathering is before the teacher.
Some of the classes have more than one hundred students. It is possible that the
teacher may not be able to pay attention to an individual. Hence it will become an
address to the gathering rather than teaching.
3. It is difficult to maintain student interest and attention for a full hour of lecture.
The teacher may fail to keep the same tone, volume of voice and the contents of
his/ her lecture must be interesting. This may not be possible in some serious
subjects like Jurisprudence, or The code of civil procedure etc.
4. The communication is mostly one-way from the teacher to the students. Usually
there is little student participation. The students who do participate are few in
number and tend to be the same students each class. The teacher dominates the
class and hence the students just have to listen.
5. Most of the students are not habituated of taking notes. They sit in the class as if
it is some story-telling session. Students either want dictation or simply purchase
tailor-made notes from market without understanding the gravity of the subject.
6. Lecture information is forgotten quickly, during and after the lecture. As the
student is neither attentive nor taking note, they cannot revise what has been taught
and happen to forget.
7. There is no immediate and direct check of whether learning has taken place. If
the teacher simply delivers a lecture and walks out of the class, he/she is not aware
about the learning habits of the student. Also, if the teacher avoids asking questions
about the topic lectured on the day before he/ she does not get the feedback
whether the student really followed what he is been taught. Nor the teacher comes
to know about his teaching. All this is understood only when the examinations are
conducted and the results are declared. But most of the time it’s too late.
8. Lectures are not effective when teaching objectives are not clear.
9. The lecture method encourages student dependence on the teacher.
10. Students are not very active when only listening.
11. Few teachers have been taught how to lecture effectively. In India we do

16
not have courses like B.Ed or D.Ed to teach in the colleges. A person is eligible to
teach in colleges and universities after attaining mere qualification i.e., passing
NET/SET exams in a particular subject or pursuing a Ph.D or M.Phil. There is
neither a course nor a training session for a person appointed as lecturer (now
Assistant Professor).
2.2.4. Guidelines for Effective Use of Lecture Method
The teacher should use sufficient teaching aids, good illustration and
demonstration while using lecture method to achieve his objectives. For a college a
maximum time or duration of the lecture becomes very important. The young
immature minds have short interest span, and limited ability to retain points given
in the lecture. Adults usually can sit for an hour receiving lecture. To make a
lecture effective and achieve what other participatory methods like discussion,
project, role play, mock-up methods etc. can achieve the desired effect. The
following rules must be meticulously observed:
1. The students must sit on comfortable chairs / benches, facing away from
windows to avoid light rays in their eyes.
2. The teachers should keep distracting noise to a minimum. This is because
outside noise prevents the students from hearing the teacher and distracts them
attention.
3. The room should neither be too cool nor hot. If the students are uncomfortable
they will be irritated and will not be able to concentrate on what the teacher is
saying.
4. The teacher should avoid many movements because it attracts students’
attention. He should ensure that every student sees and hears him from any angle.
If aids are being used, he must not get between the aids and the students otherwise
he will block visibility of the students.

5. Teachers should avoid coverage of too many concepts for this may tend to
confuse the students, rather the lesson should be summarized to help students
review and understand the major concepts and retention will be increased.
7. Teachers must encourage students to ask questions and make comments, as this
may reduce boredom.
8. Finally, no single teaching method should be used. To maximize learning
therefore, a lecture should be followed by discussion, questioning, practice or some
other methods. Very rarely can a lecture, by itself, accomplish a teaching activity.
Though it is often said that lecturing is a poor teaching method, it is a kind of last
resort for instruction. A lecturer must know how to impart information or stimulate

17
interest effectively. If the lecture is poorly presented, badly organized, dull, and
uninspiring he fails consequently. Even when the lectures are finely presented and
well organized, and the lecturer’s charismatic personality it is still a poor method
because lecturing tends to keep students passive. After all the whole aim of
teaching to make students think and it requires personal activity on their part. Most
of the time the professors have to teach vast numbers of students and there are
some subjects in which a base has to be built and introductions performed. One has
to start somewhere, and, for that kind of subject, a lecture may be just fine. When
our objective is to communicate some basic facts, some basic terminology, or some
initial understanding about our field the lecture can be a very useful teaching
method. The trick, of course, is to do it well, knows how to begin.
The beginning can be introducing the subject and its importance. To begin
planning lectures ask yourself many questions. For example, what is the topic one
is to deliver? How does one tell his students about it? Attempt to answer these
questions. Also be aware who is the audience? One can begin by addressing an
imaginary audience or practice before professors, friends or colleagues. Don’t
forget our job is to educate the students, not one but all- all those students who sit
in front of us. Hence to accomplish this goal, the task is to make them feel that they
want to achieve something about the subject, which makes it worthy to be taught.
If taught with that awareness it becomes significant intellectual achievements.
Focus on your subject. You must know what things you should do and what should
you not do with your subject? While teaching any course, one should not deliberate
on what is at the background or don’t go into the history or formation of any law
unless required. More over a student does not want to know, unless they are of
higher class, or they have some curiosity pertaining to information he has
regarding the same. One must not put emphasis on what one knows. It is very
important that the lecturer helps his students create links between the facts they are
learning .it is necessary to spend a lot of time unless you are able to show them
how to create links to information outside the field. Because law never operates in
vacuum norcan it remains alone. Example the Criminal Procedure Code (Cr.P.C.)
cannot be understood without studying Indian Penal Code (I.P.C). The teacher of
Cr.P.C. must be able to link it with IPC. For studying Environmental law, the
relation between the Environmental law and the Constitution as well as the
Environmental law and IPC has to be discussed. This is to shun the childishness of
students who assume every course should be taken as an isolated island. If the
students are able to understand this intellectual consistency, then the maybe they

18
will be able to reason and thus their irrationality could be converted into rationality
which takes an additional significance.

2.3. Questions for self-learning / Activities

1. Define lecture method of teaching.
2. Mention the merits of lecture method.
3. Mention the demerits of lecture method.
4.Explain the guidelines for effective for effective utilization of lecture method.
5. students must prepare a topic and deliver the lecture in the class

The Problem Method

3.0. Objectives
3.1. Introduction
3.2. Topic Explanation
3.2.1 Concept of problem method
3.2.2 Definition of problem method
3.2.3 Usefulness of problem method
3.2.4. Tech inquest of problem method
3.2.5 Basic procedure to be followed in problem method
3.2.6 Merits of problem methods
3.2.7. Demerits of Problem Method
3.3. Questions for Self-Learning
3.0 Objectives
3.0.1. To enable pupil to understand the meaning of Problem method.
3.0.2. To enable pupil to understand the importance of Problem method
3.0.3. To enable pupil to understand the merits and demerits of Problem
method
3.1. Introduction:
Actually, all these days the teaching in the classroom is teacher centric. The
teacher is centered of attraction, students look upon the professor or the lecturer as
the ‘most talented’ or ‘well read’ person. His words are final and the student has to
simply keep on listing to his preaching. i.e., Socratic Method was followed for
centuries. Thanks to the innovative teachings the change accepted by the
intellectuals that only preaching or Socratic Method cannot be the only mode of

19
instruction. Students were permitted to ask questions and the teachers were
expected to give explanations and this helped in percolating the knowledge.
Problem method in itself is very innovative and the student is not given a lecture
but is given a problem to study where he has very less or no knowledge and he has
to find a solution to it. Just like the student are in a tunnel with a matchstick and
the student have to find the way out of it. Based on the student’s little knowledge
and other experience the student try to work out and find the way out of it. While
doing so the students get to know the harsh reality, make mistakes, and go on
learning on the is own. But the student is sure that the person who has thrown the
student in the tunnel is with him. In Problem method of learning the teacher acts as
a facilitator and is always there to support the student.
3.2. Topic Explaination
3.2.1. Concept of Problem Method:
Problem-based learning or Problem Method of teaching is a teaching or training
method regarded as teaching by the use of “real world” problems. It is as a
situation prepared for individuals to learn ‘critical thinking’ and develop ‘problem
solving skills’ and ‘acquire knowledge’. It involves both knowing and doing.
Problem Method can be applied to an individual or to a group of individuals. It can
be applied to a classroom setting or any type of training program. It can even be
used for employee development and even prepare someone for a new assignment
or a promotion, even in MBA classes. It should be emphasized that the teacher
does not change the length of the training; they have simply changed how they
train. It is accepted that the results have been astonishing and satisfactory. A
training model rooted in problem-based learning has the potential to change the
face of law enforcement with this approach that teaches decision-making, critical
thinking and problem-solving. The problem with a ‘content driven approach’ is
such that it enhances the quality of thinking and pumps in confidence in the
student. It is same as the LL.B graduate participates in moot court. It is a better
approach to give them a solid foundation that is anchored in problem-solving,
decision-making, and self-directed learning. That is what Problem Method does; it
provides the anchor to the foundation of the profession. Thus with the help of
Problem Method, learners apply knowledge, not just acquire it. Thus a Problem
Method is “A teaching and learning method which puts a problem first, and in
which further learning is conducted in the context of that problem.” A broad
definition of Problem Based Learning or as we are studying Problem Method, used
by Dr. Woods is, “PBL is any learning environment in which the problem drives
the learning. ” Problem based learning

20
3.2.2. Definition of Problem Method:
Barrows defines it as:
“The learning that results from the process of working towards the
understanding of a resolution of a problem. The problem is encountered first in the
learning process”
PBL is both a curriculum and a process. The curriculum consists of carefully
selected and designed problems that demand from the learner acquisition of critical
knowledge, problem-solving proficiency, self-directed learning strategies and team
participation skills. The process replicates the common used systemic approach to
resolving problems or meeting challenges that are encountered in life and career

The definition given below is of Terry Berrett”

1. Normal students are presented with a problem
2) Students discuss the problem in a small group (PBL tutorial). They clarify the
facts of the case. They define what the problem is. They brainstorm ideas based on
the prior knowledge.
They identify what they need to learn to work on the problem, what they do not
know (learning issues). They reason through the problem. They specify an action
plan for working on the problem
3) Students engage in independent study on their learning issues outside the
tutorial. This can include: library, databases, the web, resource people and
observations
4) They come back to the PBL tutorial(s) sharing information, peer teaching and
working together on the problem
5) They present their solution to the problem
6) They review what they have learned from working on the problem. All who
participated in the process engage in self, peer and tutor review of the PBL process
and reflections on each person’s contribution to that process
3.2.3 Usefulness of Problem Method:
Problem Method as we understand is a teaching and learning method. In
which the problem is placed before the student. The student is not much aware
about it. He has no or very less knowledge of the subject he is going to study
through the problem. The teacher puts a problem first, and then facilitates situation
in which further learning is conducted in the context of that “problem.” if a teacher
wants to explain a term or section of any law generally he/she will explain and give
some day-to-day examples. This will not only help the student understand the
words, phrases, and construction of the section. But how will the student get to

21
know about the utility of that law or say that section? For example the teacher is
explaining the concept of Fundamental rights, and goes on telling them how
important they are and how this concept has been evolved. He may take them to
French Revolution, American Revolution talk about Bill of Rights, Universal
Declaration of Human Rights etc. the student will feel like taken on historical tour.
But if the teacher puts before them a hypothetical problem of a person illegally
detained, or a mother whose young son is beaten in prison, or the small children in
orphanage are not given food. Ask them to take help of the Constitution of India
and some pre-decided case of the Supreme Court of India. The students will not
only come out with beautiful arguments as good as the lawyers of higher courts but
they are able to understand ‘the Law’ in much better way than the historical tour.
Here three things are happening
1. The teacher gives a problem. Acts as facilitator
2. Student try to find a solution- does a research
3. Student learns on his own with the help of the problem.
Although the student is learning on his own that doesn’t mean that the teacher
has no role to play. On the contrary the teacher is teaching with the help of the
problem. The teacher plays the role of guide, facilitator, mentor etc. the teacher is
always there with the student, but it is the student who have to work.

3.2.4. Techniques of Problem Method:

1. It is one such a mode of teaching in which responses to, and investigation of, a
problem scenario drive students’ learning
2. Lecturers become facilitators of students’ learning rather than omniscient
providers of knowledge.
3. Students recognize themselves less as unreceptive.
4. Students become active learners pursuing knowledge through research
endeavour
3.2.5. Basic procedure to be followed in Problem method:
students are presented with a problem/situation;
they identify what they think they ‘do’ and ‘do not know’;
they gather further information and communicate this to one another;
they apply this new knowledge to the problem /situation;
they identify what they think they still ‘do not know’, and the process begins
again.
The Problem based learning is not a new concept and has been followed by many
universities. It is understood that in modern era. It originated from Maastricht

22
University, Netherlands and McMaster University, Hamilton, Ontario, Canada.
PBL sessions are usually organized according to the Maastricht seven step
procedures but may be modified. Generally, those steps are as follows:
Step 1. Identify and clarify unfamiliar terms presented in the “Problem”.
a) At the beginning of the session, the problem(s) should be presented to
students.
b) If an artificial case is used one of the students reads it aloud to get the group
talking from the beginning.
c) The first activity of the group should be the clarification of problems, terms and
concepts not understood at first moment. They can use the knowledge possessed by
the group members or retrieved from a dictionary or even seek help of group tutor.
d) The purpose of the first step is to agree on the meaning of the various words and
terms and on the situation described in the problem.
Step 2. Define the problem or problems to be discussed.
a) Definition of the problem is the main goal during this phase.
b) The group should discuss and reach an agreement on the tricky events, which
need explanation. Occasionally, a problem has been intentionally described on the
way to test students’ ability to recognize certain symptoms.
c) Though they have some prior knowledge to recognize a problem, the prior
knowledge doesn’t allow them to resolve the problem straight away.
Step 3. Brainstorming
a) Aspects on the basis of prior knowledge are collected.
b) This should result in ideas to structure the problem.
c) Each individual may express his or her ideas free and without immediate
discussion: it is important not to discuss and not to comment the ideas of others
during this step, but to collect many ideas (prior knowledge).
d) Together, students will collect ideas of the underlying circumstances of the
problem (explanatory approach) and/or of implications arising from the problem
(procedural approach).
Step 4. Structuring and hypothesis
a) Review steps 2 and 3 and arrange explanations into tentative solutions.
b) During the fourth step, which forms the core of the analysis, the problem is
explained on different ways.
c) Ideas, which seem to be related, are worked out in relation to each other.
d) Each group member is allowed to fully present ideas about the matter.

23
e) Group members can draw on all the prior knowledge they possess. This prior
knowledge may be based on information acquired in earlier education, facts and
insights obtained by reading different articles or on another way.
f) The other members of the group and the tutor are allowed to probe the
students’ knowledge to the full, to introduce other explanations and question
certain opinions.
g) The process of brainstorming discussion is a collaborative approach. It leads
to more creativity and output than each member of the group could generate
on his own.

Step 5. Learning objectives

Formulating learning objectives;
a) Group reaches consensus on the learning objectives;
b) Tutor ensures learning objectives are focused, achievable, comprehensive,
and appropriate.
c) The systematic approach and discussion may result in several outlines
written down on the blackboard.
d) These outlines are like possible explanations for particular problem.(However,
since student prior knowledge is limited, questions will come up and dilemmas will
arise. In this phase of the discussion, conflict between members of the tutorial
group should arise.)
e) The students will find out that certain aspects are not yet explained andresolved
in the process of their discussion. Problem Method encourages students to learning
on their own. This state of cognitive dissonance between what I know and what I
have to know to understand the outside world is an essential condition for Problem
method of learning.
f) Questions and dilemmas, which appeared during session, can be used as learning
goals for individual self-directed learning. So, the main aim of this step is to
formulate learning objectives on which group will concentrate their activities
during phase six.
g) In this stage it is possible to use conceptual map as a tool for research summary,
making associations, integrating information and proceeding information and
transferring it to long-term knowledge, but also a tool for challenging new learning
objectives.

Step 6. Searching for Information

a) Self-independent learning; during this phase students are going home and

24
study.
b) This phase is supposed to provide answers to the questions evoked in the
problem-analysis phase and offer students possibility to acquire a more profound
knowledge of theories at the root of the problem.
c) The group members collect information individually with respect of defined
learning objectives.
d) Information is collected not only from the literature but also from other
sources (library, journals, internet etc.).
e) Problem Method of Learning is also important because it gives possibility to
students to find their own resources.
f) Students can learn individually but also in pairs or in groups.
g) It is important to already decide in advance, how the results of the self-study
period will be presented: by an individual, a small group or as discussion of
all the groups.
h) Students explore relevant sources of knowledge and then put the new
information together, possibly resolving all the issues that were left open.
Step 7. Synthesis
a) Group shares results of private study.
b) The tutor checks learning and may assess the group.
c) the final step is synthesizing and testing the newly acquired information.
d) Members of the group are sharing information gathered at home among
each other. They also discussed whether they now acquired more proficient,
accurate, detailed explanation and understanding about what is going on behind the
problem.
e) If some of the students haven’t understood the issues well, task of other students
is to try to explain them methodology of their work.
f) In this step it would be necessary for the certain types of the problems to
check for students’ decision-making process and the algorithm behind their
decisions.
Step 8:” Feedback”
a) it is very helpful step.
b) It includes feedback of all students on the case, the process and the tutor, to
improve the learning process.
c) Also it is very important as the students validate the course and give their
comments on the quality of the problem as well as on the quality of the group
process and the tutor’s performance.
Step 9: Analysis:

25
a) The last step is analysis of the over-all performance of the students discussion.
b) The tutor or any student can analyses the session and make a report.
c) This will be helpful to find solution to problem arising during study as well
as further designing of the study.
Care to be taken while using Problem Method for teaching:
1. The faculty must take care to use carefully crafted cases that are perfect of
content objectives
2. Use trained faculty or student facilitators to effectively manage group dynamics
3. Help the group address conflict in constructive ways
4. Ensure seating arrangement that facilitates discussion
5. Create safe environment for learners to participate, ask questions, and make
mistakes without sanctions for groups meeting regularly over a period of
time as and when required.
6. The facility like library, computer, CDs, DVDs, internet connectivity, etc are
the requirements for the students to conduct research smoothly.
3.2.6. Merits of Problem Method:
Benefits for faculty:
Satisfying ‘research-led’ teaching.
Opportunity to enhance rationality between ‘research interests’ and
‘teaching’.
Move away from instructive approaches allows development of ‘better’
relationships with students; respect for students maintained and strengthened.
A mark of distinction for the approved law school ( the Maastricht
experience)
Recognition by employers, prospective students, and other schools as a
groundbreaking, innovative establishment – a virtuous circle
Resource inference enhances.

Benefits for students:

o During the PBL session the students come together in a group. While learning
they come to know each-other – their strong points their weaknesses etc.
o Greater emphasis on students’ development of graduate skills central to potential
careers as lawyers, and transferable to other any professional context.
o Practiced self-confidence.
o Positive reception of the complication of real-world problems, and a learned
capacity to cope with uncertainty.

26
o Higher level of disciplinary understanding – students get an opportunity to
‘know’ the law better.
o an appreciation of the need for on-going personal professional development –
commitment to ‘lifelong learning’ becomes a ‘taken for granted’ attitude –
valuable, indeed indispensable, to any future career
o Actively involves participants and stimulates peer group learning.
o Helps participants explore pre-existing knowledge and build on what
they know.
o Facilitates exchange of ideas and awareness of mutual concerns
o Promotes development of critical thinking skills amongst the students untimely
useful in their profession.
o Develops leadership, teamwork, communication, and association skills
o Promotes higher levels of thinking and reduces memorization.
o Can be a challenge to ensure participation by all in the groups.

3.2.7. Demerits of Problem Method

Can be frustrating for participants when they are at significantly different
levels of knowledge and skill
Can be unpredictable in terms of outcomes
Increases potential for interpersonal conflicts
Can be time-consuming
3.3. questions for self-learning
1. Explain the concept of problem method.
2. How will you define the problem method?
3. Enunciate the usefulness of problem method.
4. What techniques are adopted during problem method?
5. Enunciate the basic procedure to be fallowed in problem method.
6. Merits of the problem method are stronger than its demerits discuss.
3.4. Let us sum up:
The Problem Method is no enchantment but there is a skill involved in the process
which can be developed through practice, discussion and reflection. The process of
Problem Method can be challenging for some people at first. However, students
have plenty of opportunity to develop their skills. When the syllabus will have
three or four Problem Method sessions per cycle it will help teacher to assess
progress, reassure that the student is are developing his/her skills satisfactorily
and provide an opportunity the Problem Method tutors to help the student at an
early stage.

27
Discussion method and its suitability at postgraduate level teaching
4.0. Objectives
4.1. Introduction
4.2. Topic Explaination
4.2.1. Concept of discussion Method
4.2.2. Types of discussion Methods
4.2.3. Techiniques of Discussion
4.2.4. Usefulness of Discussion Method
4.2.5. Merits of Discussion Method.
4.2.6. Demerits of Discussion Method.
4.3. Questions for Self-Learning
“Do not train youths to learning by force and
harshness, but direct them to it by what amuses their minds
so that you may be better able to discover with accuracy the
peculiar bent of the genius of each.”
4.0. Objectives
4.0.1. To enable student to understand the meaning of Discussion method.
4.0.2. To enable student to understand the importance of Discussion method
4.0.3. To enable student to understand the merits and demerits of Discussion
method.

4.1. Introduction
It is the object of the teacher to teach rather makes the student learn on his own.
The young minds cannot always be dumped with lectures. Youth at the Post
Graduate level are q mature enough to understand and analyses. They know not
only to communicate but also to speak their mind. Hence a prudent teacher can
make them talk and inspire them to learn on their own. The most acceptable mode
of teaching-learning is of Discussion. Discussion is an open oral exchange of ideas
between group members or teacher and students. For effective discussion the
students should have prior knowledge and information about the topic to be
discussed. It is different from classroom teaching. Here the teacher gives prior
knowledge about the topic to be discussed. Every student gives his/ her opinion.
This method develops creativity among students. Learning is more effective, the
students don’t have to rely on note learning Ideas and experiences from group,
allows everyone to participate in an active process. It is human nature that all
students in a group do not think on a same line hence a situation comes in which

28
there is a difference of opinion, this is most suitable for discussion method of
teaching. Students through their different opinions exchange knowledge.
4.2. Topic Explanation
4.2.1. Concept of Discussion Method.
The law teachers can use considerable learning techniques in law classes along
with the lecture method to encourage the skills of legal investigation, synthesis,
analysis and appraisal etc. Hess, for example, describes the benefits of discussion:

Discussion has a number of benefits for students and teachers.

Discussion allows students to “discover” ideas, which leads to deeper
learning. Good discussions prompt students to use higher-level thinking
skills: to apply rules in new contexts, analyses issues, synthesise
doctrines, and evaluate ideas. Through effective discussions that expose
them to diverse points of view, students develop values and change
attitudes. Discussions can provide teachers with valuable insights about
their students’ learning and their creative approaches to problems1.
It is often recommended by the experienced seniors that discussion as a technique
should be used more frequently by law teachers.
Discussion method operates in three stages:
1. The teacher gives a problem. Acts as facilitator
2. Student try to find a solution- does a research
3. Student learns on his own with the help of the problem.
4.2.2. Types of Discussion Methods
Discussion method may be done in the following forms:
(a)Debate
Debate is a formal discussion of an issue in a classroom, at a public meeting or in a
state or national assembly. In a debate two or more speakers express opposing
views. The teacher acts as facilitator. The following things will happen during the
debate
1. The teacher gives an issue to debate on. He/she acts as facilitator,
2. Student try to find appropriate points- does a research and comes ready with
the notes or his preparation to place the points before the other student i.e., his
opponent. He comes so prepared that he is ready to refute all the points of his
opponent and same is with the opponent. Here the student is prepared for
understanding quickly and making a reply promptly,
3. Students are given a time limitation and therefore they learn that they have
to be quick, up-to-the-point and brief yet clear and covering all the required

29
points,
4. With the help of the problem in issue the students try to learn on their own.
(b) Small Group Discussion:
1. In this method a number of people will set together in the same place as in a
classroom or outside the classroom. Students form groups and teacher give them an
issue to discuss on certain topic. Then one or two of them may make presentation
also if required. It is different from a debate the whole group is talking on the same
issue at a time. However, the discipline has to be maintained and the teacher or a
student can control on the group. The group discussion has to be finished in given
time and then the all discussion must be summed up by the teacher or a student.
The following things will happen during the small group discussion.
1. The teacher gives an issue for discussion. Acts as facilitator,
2. Student try to find a solution- does a research,
3. Students try to learn on their own.
(C) Round Table Discussion:
A round table discussion either in the classroom or at the meeting hall in the
college. may be arranged. Within the college system, a round table discussion
involves a healthy academic interaction between the teacher and the students; or
between the students. It is a pleasant confidence building experience among
students. It is just like a group discussion; teacher give them an issue to discuss on
certain topic. It is different from a debate the whole group is talking on the same
issue at a time. However, the discipline has to be maintained and the teacher or a
student can control on the group. The round-table discussion has to be finished in
given time and then the all discussion must be summed up by the teacher or a
student.
The following things will happen during round-table discussion
1. The teacher gives an issue for discussion. Acts as a facilitator,
2. Seating arrangement is like those in meetings; round-table,
3. Student try to find a solution- does a research,
4. Students try to learn on their own.
(d) Symposium:
The teacher organize this kind of meeting at which experts discuss on a particular
subject. The main objective is to ensure that it involves a healthy academic
interaction between the teacher and the students and between students and
students. Students are given the opportunity to build confidence, gain knowledge
and discover things by themselves. Here also the topics of discussion are
pre-decided, hence there is lot of scope to prepare and talk on the given topic. But

30
expectation is that you are an “expert”. With this expectation the other who do not
think themselves as expert they are reluctant and do not participate or rather feel
discouraged.
All the methods involve a lot of reading, research work, command on language
good communication skill and the person presenting must be able instantly
remember all his points of argument and must be able to convince the audience or
listeners when posed with a question. The teacher also gives an extempore for
testing the knowledge of the student. But an extempore is different from
discussion. In this method the teacher has to give the issue for discussion, give
enough time for the student to prepare, The teacher will give them an issue to
discuss on certain topic, acts as facilitator, maintains the discipline and controls the
group. The group discussion has to be finished in given time and then the all
discussion must be summed up by the teacher or a student. It is duty of the teacher
to give the issue for discussion related to the syllabus, thus this will help the
student to learn as well as the student does not find it use less or irrelevant. If the
topic is included in the syllabus the student avoid to study from the notes and
becomes an independent as well as makes his/ her own notes. This encourages the
student to adopt self-study method.
4.2.3. Techniques of Discussion:
As the discussion session in the class proceeds, the teacher can help students by
asking facilitating questions this helps to promote the process and progress of
discussion.
Some of examples of facilitating questions are or can be as follows:
1. Prompting questions: These types of questions help students to organize
their thoughts and make connections with other ideas and elements of the text.
They can bring themselves on the track and make a good argument.
2. Justifying questions: Teacher demand justification this require students to
provide evidence for their opinions or arguments. Thus, the students read well,
make a good research and even come well equipped with the required documents.
Same as the lawyers come in the courts with case laws and law books.
3. Clarifying questions: when teacher asks to clarify some point, the student
attempts do so, this helps the teacher to check on knowledge of the student and
verify his/her understanding of the subject.
4. Comparative questions: if the teacher wants a comparison between certain facts
the student is required to draw equivalent, dissimilarity with other readings,
theories, studies, etc. thus the student studies different material also for a good
comparison.

31
5. Connective questions: similar like comparison the student tries to establish links
with other material or concepts arising from their experiences, other readings. Such
as some social aspects, usefulness of law, human rights, noise pollution etc.
6. Analytical question: when students are asked to analyses their own discussion,
they look at it critically and come to know their own mistakes. At the same time,
they realise their might, wit and wisdom. Carbone suggests a “think-pair-share”
technique where “[s]students spend a minute or two thinking about an answer or
solution. Students then pair up to discuss (share) their answers. The instructor then
may ask for several students to share their answers with the whole group.

4.2.4. Usefulness of Discussion Method.

I hear and I forget.
I see and I believe.
I do and I understand. - Confucius
Use of Discussion Method:
Some of the techniques to be adopted in discussion method are:
1. The teacher should spend enough time in preparing the process and steps of
discussion. The same should be told to the students. Inform the students about the
topic in question including pre-discussion assignments so that they can be well
prepared and make noteworthy contributions. He must provide discussable topics
to the students which presuppose some background information or knowledge by
the students and which is included in the syllabus as well as within their
intellectual ability.
2. Different attribute of the topic and its limitations should be decided for the
selected topic of discussion.
3. Students should know the time limit to reach a conclusion. Yet to justify the
activities of the students sufficient time should be allotted to discuss all the issues.
4. Arrangement of seats to be in circular or semi-circular formation that will allow
close interaction amongst the teachers and students.
5. The teacher should begin with introduction of the topic, the purpose of
discussion, and also introduce the students participating in discussion.
6. He/ she should later (throughout the discussion) play the role of a facilitator.
Discussion should not be dominated by the teacher or brighter students rather it
should provide equal opportunities for all students. The teacher should control the
discussion and clarify points when the students wander away from the topic.
Encourage students to listen to other’s point of view and then evaluate their own.

32
7. Teacher should give value to all students’ opinions and try not to allow his/her
own difference of opinion, preventing communication and debate. There should be
positive support in form of pat on the back for reasonable contributions while at
the same time, irrelevant comments should be diplomatically rejected.
8. Before beginning of discussion, background information about the topic should
be provided so that those who are not actively participating have the idea of the
discussion.
9. The environment should be positively created to promote the process of
discussion. It should be such involving every one. Provision of adequate teaching
aids is essential. Teaching aids such as video player, projector etc and books can be
an additional help.
10. Well designed pre-determined questions to be asked to extract more
information on the topic.
11. The teacher at the end should summarize the discussion. Teacher should
draw a summary of important points based on the students’ acceptable
contributions
4.2.5. Merits of Discussion Method.
Merits/ Advantages
1. Discussion in the classroom makes a teacher to be well prepared and to
organize the classroom for best results.
2. It gives the students good opportunity to participate fully in the lesson and
contribute their ideas. By expressing their ideas about concepts, they are exposed
to some clarifications, engage in argumentation thereby gaining more knowledge
and confidence.
3. Discussion method, being an interactive process, aids the teacher towards a
better understanding of his students.
4. It can be used to promote inquiry mind and to provide good practice for
problem–solving.
5. Socially, students develop the spirit of accepting peers’ ideas and views.
6. Hidden talents are discovered while creativity and initiative are promoted.
7. There is more participation of students.
8. Students listen to other’s opinion & then express their own opinion. This
develops their analytical power.
9. Teachers discuss the points that were missed during discussion this adds to
the knowledge of the students.
10. Students learn on their own & find out explanation points.
11. They also exchange their ideas.

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12. Students get point of view of all and not only those who always speak.
13. After discussion when students give their presentation, teacher corrects their
mistakes.
14. Students can make their own notes.
15. This type of learning is more effective
16. They don’t have to rely on routine learning.
17. The exercise to be worked out develops creativity among students.
18. It evokes thinking among students.
19. Students have time for preparation of topic.

20. If the students have material and knowledge before discussion they get
boosted for talking as well as come up with new and latest information.
21. Concepts become clear after discussion.
22. Every student gives his/ her opinion.
Lynne Taylor, citing Daggett’s description of the positive attributes of this
teaching method:
1. It provides an active learning role for students.
2. It encourages students to listen and to learn from each other.
3. It involves high level thinking, perhaps like Socratic teaching and unlike
lectures.
4. It exposes students to viewpoints other than their own.
5. It helps students develop oral advocacy and other skills.
6. It makes learning less teacher-centred and more student-centred.
7. It provides feedback to the teacher about the level of student learning.
8. It gives students a change to bring their opinions and feelings to the study of
law.
9. It teaches the teacher.
4.2.6. Demerits of Discussion Method.
Demerits/ Disadvantages
1. Lengthy method: Discussion method is a mainly interactive process
involving a multiple flow of communication between student and student
and student and teacher, therefore takes a huge length of time.
2. Little ground is covered in the curriculum because of excursion.
3. Some students may never participate either because they lack the knowledge of
the background to the topic or they are not afforded the opportunity to do so.
4. Slow learners feel shy to contribute or be part of the exercise because the
brighter students may dominate the discussion. Since the discussion method is

34
highly dependent upon intelligence and good communication skills, because they
may shy away from the exercise.
5. Only those students participate who have confidence rest do not participate.
4.3. Questions for Self Learning
1. Explain discussion method of teaching. Give some illustrations.
2. Explain briefly any two types of discussion method.
3. Mention steps or procedures to be taken in discussion.
4. Discuss the demerits and merits of discussion met

Research Methods
Objectives
Introduction
Topic Explanation
Socio Legal Research/ Dortrinal Research
Types of socio-legal research
Relevance of empirical research
Induction and deduction
Question for Self learning

All progress is born of inquiry.

Doubt is often better than overconfidence, for it leads to inquiry,
and inquiry leads to invention.
Hudson
Objectives
To understand the importance of Socio Legal Research
To understand the important aspects of Doctrinal and non-doctrinal
To understand the Relevance of empirical research
To understand the difference between Induction and deduction
Introduction
Research’, is a process of identifying and investigating a ‘fact’ or a ‘problem’ with
a view to acquiring an insight into it or finding an apt solution to it.
Therefore in simple terms, it can be defined as ‘systematic investigation towards
increasing the sum of human knowledge’ and as a ‘process’ an approach becomes
systematic when a researcher follows certain scientific methods. In this
background, legal research can be defined as a process of systematic finding ‘law’
on a particular point and making development in the discipline law. However, the

35
finding law is not so easy. It involves a systematic search of legal materials,
statutory, supplementary and judicial pronouncements. For making development in
the discipline of law, one needs to go into the ‘underlying principles or reasons of
the law’. These activities ought to have a systematic approach. An approach
becomes systematic when a researcher follows scientific method.
Generally, law is prejudiced by the existing social values and ethos. Most of the
times, law also attempts to mould or change the existing social values and
attitudes. Such as the Act passed to prevent women from becoming a sati, an Act to
secure the ‘untouchables’, an act to stop child marriages.etc. all these and more can
be cited as an example.
Such a complex nature of law and its function require systematic approach to the
‘understanding’ of ‘law’ and its ‘operational facets’. A systematic investigation
into these aspects of law helps in knowing the existing and emerging legislative
policies, laws, their social relevance and efficacy, etc.

In this backdrop, the present course intends to acquaint the students of law with
scientific methods of investigation into law. It also intends to make them familiar
with nature, scope, and importance of legal research.
6.2. Topic Explanation
6.2.1. Socio Legal Research:
We may define Socio Legal Research with help of the social scientist as
follows;

Thus, one can understand that Legal research is the field of study concerned
with the effective assemble of authorities that sustain a question of law. It is also
the systematic investigation of problems and matters concerned with certain codes,
acts etc. therefore it is called legal research.
The main task before the socio-legal scientists is to maintain a pace with the speed
of social change and accordingly identify the factors and trend of social change.
Social problems are not specifically referred to theoretical level; rather the research
activity should prove its relevance to the present context.
The following are the main characteristics of social research:
(i) The social research aims at finding out the new facts;
(ii) The social research is based on the distinct, systematic and precise knowledge;
(iii) The social research is logical and objective in orientation;
(iv)The social research aims at quantification of the social facts;

36
(v) The social research aims at investigating the facts in depth and comes out with
a format.
Socio Legal Research includes a study of human group relationship, aims to
discover new facts and to analyse their sequences as scientific undertaking by
means of logical and systema-tized methods, or old facts, interrelationships, causal
explanations and the natural terms which govern them. Keeping in view the said
definitions, we can say that Socio-Legal research is an act that discovers the legal
principles relevant to a particular problem and it is the foundation for good legal
advice.
Types of socio-legal research
There are two types of socio-legal research, explained here in under:
Doctrinal Legal Research:
Doctrinal is also known as Traditional or Non-Empirical Legal Research,
research based on analysis of case laws, statutes by applying logic and reasoning
power is Doctrinal research. According to S.N. Jain, “doctrinal research involves
analysis of case law, arranging, ordering and systematizing legal propositions and
study of legal institutions through legal reasoning or rational deduction”. If it is
found to be unjust, it may be modified or changed to meet the present requirement.
This kind of search is carried on by all the Judges, lawyers and law teachers.
Characteristics of Doctrinal Research:
1. Propositions based study
2. Conventional legal theory and court decisions report are the sources for
doctrinal research.
3. It studies the law as it is in existing form
Advantages of Doctrinal Research:
1. It provides researchers necessary tools in the form of conventional legal
theories and reported decisions to reach their destination within a limited time
frame.
2. Ultra-virus and many other concepts can be improved only by doctrinal
research.
3. Doctrinal research provides appropriate guidance when the question related to
following of course by law is raised.
Defects of Doctrinal Research: —
1. Over emphasis on appellate court decisions.
2. If researcher fails to take into account the reference and context of the
legislation, precedent and custom, his work may not be worthy of laying down any
general proposition.

37
3. Lack of social factors will make his study incomplete as one has to relate the
law with society.
4. A doctrinal researcher faces difficulties in giving concrete shape to his work
because too many presumptions may be drawn from the materials at his disposal.
Empirical or Non-Doctrinal Legal Research :
The empirical research is carried on by collecting or gathering information by
first hand study of the subject, it relies on experience or observation without due
regard to any theory or system and hence it is also called as experimental type of
research. In this type of research, the researcher attempts to investigate effect or
impact by actual examination or observation of the functioning of law and legal
institutions in the society.
According to late Prof. S.N. Jain, it seeks to answer such questions as are law and
legal institutions serving the needs of society? Are they suited to the society in
which they are operating? What factors influence the decisions of adjudicators
(courts of administrative agencies)? It also concerns with the identification and
creating an awareness of the new problems which need to be tackled through law
conducting empirical research. This kind of research is not very popular among the
researchers especially lawyers and judges.
Features of non-doctrinal research:
The following are the features of non-doctrinal research
1. it lays a different and lesser emphasis upon doctrine,
2. it seeks to answer broader and more numerous questions,
3. it is not anchored exclusively to appellate reports and other traditional legal
resource for its data and
4. it may involve the use of research perspectives, research designs, conceptual
frameworks, skills, and training not peculiar to law trained personnel.
Demerits of empirical research:
1. It is time consuming and costly. It calls for additional training, great
commitment of time and energy, for producing meaningful result,
2. It needs a strong base of doctrinal research,
3. It is extremely weak in solving a problem in hand,
4. It cannot give a direction as to what course the law should follow to be useful,
5. It cannot remain unaffected from human vices, upbringing and thinking because
acceptance of a new system of law in India depends on many factors, such as
awareness, value, capability and pattern of adaptation.
Relevance of Empirical Legal Research:
Empirical legal research seeks answers to a variety of questions that have bearing

38
on the social-dimension or social-performance of law and its ‘impact’ on the social
behavior. In fact, it concerns with ‘social-auditing of law’. Hence, socio-legal
research is significant and has a number of advantages.
According to Prof (Dr) Khushal Vibhute & Filipos Aynalem, prominent
advantages of Empirical legal research are as follows:
First, socio-legal research highlights the ‘gap’ between ‘legislative goals’ and
‘social reality’ and thereby ‘depicts’ a ‘true picture’ of ‘law-in-action’. It
particularly highlights the ‘gap’ in relation to;
(a) the practice of law enforcers, regulators and adjudicators and
(b) the use or under-use of the law by intended beneficiaries of the law.
The regulatory body, existing or created under the law, vested with the power to
monitor and enforce the law, may, due to some prejudices or apathy towards the
‘beneficiaries’ or sympathy towards their adversaries, be professionally ‘inactive’
in enforcing the law. It may, for certain reasons, purposefully fail to enforce it
effectively. Non-doctrinal legal research, in this context, highlights the ‘reasons’
behind making the law ‘symbolic’, less-effective or ineffective. It also reveals the
extent to which the beneficiaries have been (or have not been) able to ‘use’ the law
and the ‘reasons’ or ‘factors’ that have desisted/are desisting them from using it.
Through empiricism, non-doctrinal legal research highlights the underlying
currents or factors (like unawareness on part of the beneficiaries, unaffordable cost
in seeking the legal redress, or the fear of further victimization if the legal redress
is pursued, and the like) that have been desisting them from seeking the benefits
that the law intended to bestow on them and to seek legal redress against those who
prevent them from doing so. It, thus, exposes the ‘bottlenecks’ in operation of law.
Secondly, non-doctrinal legal research carries significance in the modern welfare
state, which envisages socio-economic transformation through law and thereby
perceives law as a means of achieving socio-economic justice and parity. Through
empiricism, socio-legal research assesses ‘role and contribution of law’ in bringing
the intended social consequences. It also helps us in assessing ‘impact of law’ on
the social values, outlook, and attitude towards the ‘change(s)’contemplated by law
under inquiry. It highlights the ‘factors’ that have been creating ‘impediments’ or
posing ‘problems’ for the law in attaining its ‘goal(s)’.
Thirdly, in continuity of what has been said in firstly and secondly above,
non-doctrinal legal research provides an ‘expert advice’ and gives significant
feedback to the policy-makers, Legislature, and Judges for better formulation,
enforcement and interpretation of the law.

39
 Fourthly, socio-legal research renders an invaluable help in ‘shaping’ social
legislations in tune with the ‘social engineering’ philosophy of the modern state
and in ‘making’ them more effective instruments of the planned socio-economic
transformation.
Limitations:
Though socio-legal research has great potentials, yet a few limitations thereof need
to mention here to put its role in the right perspective. A few significant are
outlined below.
First, non-doctrinal legal research is extremely time consuming and costly as it
requires a lot of time for collecting the required information from field. Further, it
calls for additional training in designing and employing tools of data collection and
entails greater commitments of time and energy to produce meaningful results,
either for policy-makers or theory-builders.
Secondly, socio-legal research, as explained earlier, needs a strong base of
doctrinal legal research. A legal scholar who is weak in doctrinal legal research
cannot handle non-doctrinal legal research in a meaningful way. It may turn out to
be a futile exercise leading to no significant results.
Thirdly, the basic tools of data collection, namely interview, questionnaire,
schedule and observation, are not simple to employ. They require specialized
knowledge and skill from the stage of planning to execution. Each one of them is
bridled with a number of difficulties. A researcher has to have a sound skill
oriented training in social science research techniques. A cumulative effect of this
limitation of non-doctrinal legal research and of the one mentioned in secondly is
that a well-trained social scientist cannot undertake socio-legal research without
having a strong base in doctrinal legal research. Similarly, a scholar of law, though
having a strong base in legal principles, concepts or doctrines as well as in
doctrinal legal research, cannot venture into non-doctrinal legal research unless he
has adequate training in social science research techniques. In either case,
nondoctrinal legal research becomes a mere nightmare for both of them. A way
out, therefore, seems to be an inter-disciplinary approach in investigating legal
problems. However, inter-disciplinary legal research has its own difficulties and
limitations.
Fourthly, invariably public opinion, as mentioned earlier, influences contents and
framework of law. Law, most of the times, also seeks to mould and/or change the
public opinion, social value and attitude. In such a situation, sometimes it becomes
difficult for a non-doctrinal legal researcher to, on the basis of sociological data,

40
predict with certainty the ‘course’ or ‘direction’ the law needs to take or follow.
Such a prediction involves the maturity of judgment, intuition, and experience of
the researcher. He may fall back to doctrinal legal research. Nevertheless,
sociological research may be of some informal value to the decision-makers.
Fifthly, sometimes, because of complicated social, political and economical
settings and varied multiple factors a socio-legal researcher may again be thrown
back to his own ideas, prejudices and feelings in furnishing solutions to certain
problems.
Sixthly, Socio-legal research becomes inadequate and inapt where the problems are
to be solved and the law is to be developed from case to case (like in
administrative law and law of torts). As we already know that empirical legal
research seeks to answer questions such as;
1. Are laws and legal institutions serving the needs of society?
2. Are they suited to the society in which they are operating?
3. What factors influence the decisions of adjudicators (courts of administrative
agencies)?
4. It also concerns with the identification and creating an awareness of the new
problems which need to be tackled through law conducting empirical research.
The empirical form of research is being undertaken more and more in the area of
social science research. Before using the technique of social science research the
following facts should be kept in mind;
1. law students should be trained to undertake effective legal research work;
2. he should be competent enough to go through requisite legal materials in a
systematic manner; and
3. he should be competent to establish the relationship between the law and the
society as law has its roots in society.
If these precautions are taken care of, the social science technique will enable a
legal scholar to comprehend the complex judicial process. The empirical method of
research is to supplement the doctrinal method of research and not to substitute it.
Induction and deduction:
Induction and Deduction are the two aspects of logical reasoning typical of
scientific research.

Induction:
Francis Bacon introduced the concept of induction. Induction is the process of
taking data, a number of instances from experience, appeals to signs, evidence or
authority and causal relationship, classifying them into categories and then

41
determining logically from them one or more generally applicable rule/s. In other
words, induction is a method of logical reasoning that goes from specific set of
premises based mainly on experience or experimental evidence to a general
conclusion. Inductive arguments assert that the conclusion is arrived at not
necessarily, but probably from the truth of the premises.
e.g. A is a human being
A is mortal
Therefore, human beings are mortal
Deduction:
Deduction is that method of logical reasoning that goes from the general premises
assumed to be true to a specific conclusion. In other words, Deduction is the
process of deriving conclusion from the premises that are assumed to be true.
Deduction is the most common type of logic. The basic aim of deduction is to start
with some assumption or premise and reach to a logical conclusion. Deductive
arguments assert that the conclusion is arrived at, necessarily from the truth of the
premises.
e.g., Human beings are mortal
A is a human being
Therefore, A is mortal.
Question for Self-learning
1. Define and explain doctrinal legal research? Discuss aims and significance
of doctrinal legal research
2. Enumerate and explain different basic tools of doctrinal legal research.
Assess strengths and weaknesses of doctrinal legal research
5. What is meant by non-doctrinal legal research? How would you justify the
view that it is ‘research about law’ or ‘socio-legal research’?

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Identification of Problem of Research
Objectives
Introduction
Topic Explanation
What is a research problem?
Survey of available literature and bibliographical research. Legislative materials
including subordinate legislation, notification and policy statements Decisional
materials including foreign decisions; methods of discovering the “rule of the case”
tracing the history of important cases and ensuring that these have not
been over-ruled; discovering judicial conflict in the area pertaining to the research
problem and the reasons thereof.
Question for Self-learning
Objectives
To be able to understand what research problem is.
To be able to understand the impact of legislative materials.
To be able to understand in significance of case law.
7.1. Introduction:
When a researcher begins with his work he will have to become familiar with the
terminology of the research. He/ she will have to first understand what is a
research? Why it has to be conducted and then his mind formulates a research
problem. Before formulation of the research problem the researcher will have to
make a survey of available literature and bibliographical research work so that he
will be able to not only formulate his/her research problem but also will be able to
draw inspiration from the previous work.
Subsequently the researcher will have to look into the Legislative materials
including subordinate legislation, notification and policy statements so to get the
data required for his research work as well he can conduct a research to find out
the functionality workability and utility of that particular legislative material.
And finally, the researcher will also study the decisional materials including
foreign decisions; methods of discovering the “rule of the case” tracing the history
of important cases and ensuring that these have not been over-ruled; discovering
judicial conflict in the area pertaining to the research problem and the reasons
thereof, in furtherance of his research work to make it more authentic as well as
useful to the society at large.

43
 Topic Explanation
What is a research problem?
When we have to begin a new project, we usually plan regarding what, where,
when, how, how much, by what means etc. This is with reference to an inquiry or a
research study which constitutes a research design. A research design is the
arrangement of circumstances for collection and analysis of data in a manner that
aims to merge relevance to the research purpose in procedure.
More plainly, the design resolution goes on to be in respect of;
1. Subject of study:
One must ask himself if we have to do a research then, what is the study about?
There are several issues /problems arising in the society. We have to understand
and select some important issues or problems so that our work supply a solution on
that issue or it can be used as a guideline for the preparing the solution. e.g.
Environmental pollution is a problem almost around the world. This can be an
issue to work on; however, it is a very huge and vague. Hence we will have to
refine it and go on refining until we come up with a definite and precise ‘subject’
to work on.
2. Object of study:
Research must be carried out with a motive/ object. We must know why is the
study being made? e.g. If we are working in environmental law then why are we
working on it? Because we want to show that pollution is dangerous for human
being, and the environment itself.
3. Universe of Study:
We will have to decide the ‘universe’ of our study. Is it on National level or state?
level etc. i.e., the field we shall be choosing to get the data from.
4. Required Data:
Again, if we continue to work on the topic cited above, we shall have to collect the
data from various sources. What type of data is required? A law student always
looks into the judgments of the Hon. Supreme Court, the High Court etc. various
books on pollution, chemical analysis reports on pollution government reports etc.
There is plethora of information but only the relevant material has to be taken into
consideration. Only the required category has to be selected. One has to be very
choosey.
5. Where to find the required data:
A student working on the project has to visit various libraries, offices, website and
many such ‘treasures’ of information. The student can call data under the Right to
Information Act also.

44
6. Periods of time:
What periods of time will the study include? The researcher has period for his
study. e.g., the development of International law will be too big span to study
hence
one has to define the period i.e., let us say year 2000-2010. Now the research work
will be defined between these two poles. The researcher gets the timeline to work.
7. Deadline to the study:
The researcher has to have deadline for his/ her research work. The work cannot be
finished within a small span of time then it may not be research work, as well it
must not elongate for years and years. Hence a stipulated time period has to be
fixed.
8. Sample design:
We need a research design, a plan, in advance of data collection and analysis for
our research project. Research design, in fact, has a great bearing on the reliability
of the results arrived at and as such constitutes the firm foundation of the entire
edifice of the research work.
9. Techniques of data collection:
Data as we know one has to collect from various sources- primary and secondary
sources. There are several methods of collecting primary data, particularly in
surveys and descriptive researches. Important ones are, observation method,
interview method, questionnaires, through schedules, content analysis etc. Whereas
the secondary sources can be, work that is merely compilation of available
information.
10. Analysis of Data:
Analysis of content is a central activity whenever one is concerned with the study
of the nature of the verbal materials. A review of research in any area, for instance
involves the analysis of the contents of research articles that have been published.
The analysis may be at a relatively simple level or may be a subtle one.
11. Report Preparation /Writing of Thesis
After the data have been collected, the researcher has to sum up the collected data
and organize it in such a manner that will yield answers to the research questions.
Thus, the, task to analyses is to shed light on the results. It implies editing, coding,
classification, and tabulation of collected data so that they are agreeable to
analysis. The term analysis refers to the calculation of certain measures along with
searching for patterns of relationship that exist among data groups.

45
7.2.2. Survey of available literature and bibliographical research:
Once the research problem is formulated, the researcher needs to undertake an
extensive survey of literature connected with, related to, and/or having bearing on,
his research problem. This is the process whereby the researcher locates and selects
the references that are relevant for his inquiry. A scholar of law, at this stage, is
expected to cautiously outline his work and then survey around to lay his hands on
standard material. Some important reference material he can look into can be as
follows,
1. Standard textbooks: such as those written by reputed authors,
2. Reference books: dealing with or having bearing on the research problem,
3. Legal periodicals: so that he locate research articles written, or authoritative
comments made, on the subject or its allied subjects,
4. Case reports: so that he get familiarize with the judicial exposition of the
problem,
5. conference/symposium/seminar proceedings: to become accustomed to different
proportions highlighted in, investigate into, or appear from, the
conference/symposium/seminars,
6. Government or Committee Reports: so as to appreciate and understand
perspectives of the ideas or intention of the law-makers and the experts in the field
(when by delegated legislation) , and
7. General web pages: so that to know latest emerging perspectives and illustrative
examples. There are many good materials (writings) available on the net. One can
subscribe to a good online library etc.
8. Earlier studies done: The researcher has also to take special care to locate earlier
studies done on the problem and to have a quick reading
thereof. Many leading journals and other published information from
recognized sources are now available on the Web.
Literature review helps the researcher to know and to have his preliminary
impressions about:
1. The investigated and un-investigated aspects/dimensions of the problem,
2. The explanations offered or issues rose with and without offering solutions
thereof,
3. The lacuna, if any, in the offered explanations of the problem/its dimensions and
their inter-relationship,
4. Competence of previous authors/ researchers in explaining the problem/its
dimensions,

46
5. Conceptual issues raised, with or without offering suggesting and/or solutions
thereof,
6. The operational framework of previous researcher and
7. Research techniques used in the previous research, and their correctness.
Literature review enables the researcher to know what kind of data has been used,
what methods have been used to obtain the data, and what difficulties the earlier
researchers in collecting and analyzing the data have faced.
Main purposes of literature review can be summarized as follows:
1. depict the work done on the particular or similar topic in the past,
2. calculate/estimate the limitations of the work,
3. get familiar with research techniques used,
4. make out the kind of material/data used and its sources.
5. appreciate (even criticize) competence of the data used for drawing the
conclusions,
6. know the vital arguments advanced and the concepts exposed and discussed
earlier.
7. acquaint with the patterns of presentation of previous arguments and the
concepts and
8. established relationship between these arguments and the concepts
9. in the light of the earlier studies and findings the researcher can rephrase his
research problem/question, and
10. to formulate appropriate research techniques for smooth function of his inquiry.
Legislative materials including subordinate legislation,
notification and policy statements:
Legislative materials:
Legislations:
Legislation or “statutory law” is law which has been promulgated or “enacted” by
a legislature or other governing body, or the process of making it. Before an item
of legislation becomes law, it may be known as a bill, and may be broadly referred
to as “legislation” while it remains under consideration to distinguish it from other
business. Legislation can have many purposes: to regulate, to authorize, to
prescribe, to provide (funds), to sanction, to grant, to declare or to restrict.
Legislation is usually proposed by a member of the Parliament or State Legislature,
whereupon it is debated by members of the Parliament or State Legislature and is
often amended before passage. Legislation is regarded as one of the three main
functions of government, which are often distinguished under the doctrine of the

47
separation of powers. For a researcher it is one of the most authentic sources of
law.
Delegated legislation (also referred to as secondary legislation or subordinate
legislation or subsidiary legislation) is law made by an executive authority under
powers given to them by primary legislation in order to implement and administer
the requirements of that primary legislation. It is law made by a person or body
other than the legislature but with the legislature’s authority.
Often, a legislature passes statutes that set out broad outlines and principles, and
delegates authority to an executive branch official to issue delegated legislation
that flesh out the details (substantive regulations) and provide procedures for
implementing the substantive provisions of the statute and substantive regulations
(procedural regulations). Delegated legislation can also be changed faster than
primary legislation so legislatures can delegate issues that may need to be
finetuned through experience.
Notification:
Several meaning can be given to the word notification according to its use/ utility
1. Notice given in words or writing, or by signs.
2. The act of notifying, or giving notice; the act of making known; especially, the
act of giving official notice or information to the public or to individuals,
corporations, companies, or societies, by words, by writing, or by other means.
3. The writing which communicates information; an advertisement, or citation, etc.
4. The act of notifying, or giving notice; the act of making known; especially, the
act of giving official notice or information to the public or to individuals,
corporations, companies, or societies, by words, by writing, or by other means.
5. The writing which communicates information; an advertisement, or citation,
etc.
A student of law has to look into the notifications related with his studies issued
by the government or any concerned authority so that he shall be able to draw the
importance of the ‘subject’ notified in the said notice as well as the ‘object’ of the
said notification.
Policy statements:
The policy statement serves three important purposes.
1. First, it allows the delegate an opportunity to think his/her policy out more
thoroughly;
2. Secondly, it serves the greater need of his/her delegation to have a document
which contains the country’s policy on all the issues at the conference so that

48
there will be consistency in policy among the various members of the delegation.
Ideally, each delegate should have some familiarity with all the issues so that
he/she is comfortable in representing his country’s view.
3. The third important function of the policy statement is to act as an outline
for the draft resolution.
Five basic components of a policy statement:
1. An explanation and definition of the issue and its key terms as they appear on
the agenda.
2. A background summary of recent international events related to the action in
question.
3. Some reference to key documents relating to the issue (underlined).
4. A general statement of the country’s position on the issue.
5. Specific suggestions for a solution to the question (to serve as the first draft
for the operative clauses of a resolution).

Decisional materials including foreign decisions; methods of discovering the “rule

of the case” tracing the history of important cases and ensuring that these have not
been over-ruled; discovering judicial conflict in the area pertaining to the research
problem and the reasons thereof.
(1) For example, A.K. Gopalan case is overruled by Bank Nationalisation and
finally in Maneka Gandhi case by the Honourable Supreme Court.
(2) Section 6 of Hindu Minority and Guardianship Act, 1956, (by interpreting the
word ‘after’ as not after the life time but if father is non-functioning) gave mother a
right of being a Natural Guardian of her legitimate son or daughter.
(3) Sajjan Singh and Sampath Kumar cases are overruled in Golak Nath case by
saying that Parliament has no power to curtail or abridge fundamental rights and no
power to amend the basic structure of the Constitution. The Court has introduced
various changes in the areas of labour law, criminal law, property law, etc. Now
death penalty is an exception, life imprisonment is the rule.
Thus in these cases Judges played and are playing the role of researcher by giving
concrete shape and stability to the legal principles by applying the principles of
review, revision or overruling.
Question for Self learning :
1. What do you understand by research problem?
2. What is the impact/ use of legislative materials on/for a research?
3. What is the significance of case law for a researcher of law?

49
 Preparation of the Research Design
Objectives
Introduction
Topic Explanation

Types of research design.

Contents of the research design.
Formulation of the research problem
Devising tools and techniques for collection of data: Methodology
Methods for the collection of statutory and case materials and
juristic literature
Use of historical and comparative research materials
Use of observation studies
Use of questionnaires/interview
Use of case studies
Sampling procedures - design of sample, types of sampling to be
adopted.
Use of scaling techniques
Jurimetrics
Computerized Research - A study of legal research programmes
such as Lexis Nexis and West law coding
Classification and tabulation of data - Rules for tabulation.
Explanation of tabulated data.
Analysis of data
Question for Self learning

Objectives:
1. To enable student to understand Formulation of the Research problem.
To enable student to understand the tools and techniques for collection of
data
2. To enable student to understand the process of Classification and tabulation
of data
3. To enable student to understand the process Analysis of data
Introduction:
A research design is the arrangement of circumstances for collection and
analysis of data in a manner that aims to merge relevance to the research purpose

50
in procedure. Research design, in fact, has a great bearing on the reliability of the
results arrived at and as such constitutes the firm foundation of the entire edifice of
the research works. We need a research design, a plan, in advance of data
collection
and analysis for our research project.
Topic Explanation
1. Contents of the Research design
Research design must, at least, contain —
(a) a clear statement of the research problem;
(b) object of research;
(c) procedures and techniques to be used for gathering information;
(d) the population to be studied; and
(e) methods to be used in processing and analysing data
Keeping in view the above stated design decisions; one may split the overall
research design into the following parts:
(a) the sampling design which deals with the method of selecting items to be
observed for the given study;
(b) the observational design which relates to the conditions under which the
observations are to be made;
(c) the statistical design which concerns with the question or how many items
are to be observed and how the information and data gathered are to be
analysed; and
(d) the operational design which deals with the techniques by which the
procedures specified in the sampling, statistical and observational designs can
be carried out.
2. Formulation of the Research problem:
There are several issues /problems arising in the society. We have to
understand and select some important issues or problems so that our work supply a
solution on that issue or it can be used as a guideline for the preparing the solution.
Research must be carried out with a motive/ object. We will have to decide the
‘universe’ of our study. There is plethora of information but only the relevant
material has to be taken into consideration. Only the required category has to be
selected. The researcher gets the timeline to work. Hence a stipulated time period
has to be fixed. Data as we know one has to collect from various sources- primary
and secondary sources. Analysis of content is a central activity whenever one is
concerned with the study of the nature of the verbal materials. After the data have
been collected, the researcher has to sum up the collected data and organize it in

51
such a manner that will yield answers to the research questions
8.2.3. Devising tools and techniques for collection of data: Methodology:
The data available for the researcher are primary and secondary form. The
primary data are those which are collected afresh and for the first time, and thus
happen to be original in character. The secondary data, on the other hand, are those
which have already been collected by someone else and which have already been
passed through the statistical process.
Generally primary data is collected during the experiments in an experimental
research. Also we can obtain primary data either through observation or through
direct communication with respondents in one form or another or through personal
interviews. This, in other words, means that there are several methods of collecting
primary data, particularly in surveys and descriptive researches. Important ones are
observation method, interview method, questionnaires, through schedules, content
analysis.
3. Methods for the collection of statutory and case materials and juristic
literature
Material source of law is that from which the law is composed. Material sources
are immediate sources and can be divided into two types
104
I- Historical i.e. Conventional: law having source in conventions, historical
Codifications, and Customary: law having source in customs; and
II- Legal i.e. enacted law made by the Parliament, the precedent declared by
Supreme Court, and Statutory Interpretations.
The law coming through the legal source can be divided further as follows:
I – Historical source:-
(1) Conventional law having source in conventions:
Conventions govern the agreeing parties. It can also be called as treaties. Such
conventions are binding. There are hundreds of such conventions and are good
source of research material.
(2) Historical Codifications:
Such as the Manu Smriti, the Yajnvalkya Smriti, Narada Smriti etc, then the
Kuran, and holy scriptures such as Ramayana, the Mahabharata, and may other
writings.
The modern historical sources are the Constitutional Assembly debates, the Law
Commission drafts of CPC and various amendments suggested to the law through
its reports, the reports of various commissions set up at various times such as the
Mandal Commission report, the Shri Krishna Commission report etc.

52
(3) Customary law having source in customs:
Customs are one of the important source of law. The customs diminish of their use
but some of them are still prevailing because the society has accepted them and
hence such customs are considered as the sources of law.
105
II- legal
1. Enacted law: The supreme law is made by the sovereign power of the
nation, in case of India it is the Parliament. The subordinate legislations are
made by the State. The Constitution of India provides for the same and has
lists the powers in the three list of Schedule VII (Art. 246). The Sovereign
power can also delegate the power to make law. Also the local bodies
coming under the concept of ‘State’ can also make law for the specified
jurisdiction.
2. Precedent declared by Supreme Court: (Case law having source in
precedent): Precedent is a previous case which may be taken as an example
in subsequent cases, wherein there is some similar act or circumstances
which may be supported or justified. In judiciary it serves as guidance for
the decisions of the new cases. As per Art. 141. Law declared by Supreme
Court to be binding on all courts.—The law declared by the Supreme Court
shall be binding on all courts within the territory of India. Thus the law
declared by the supreme court becomes a source.
3. Statutory Interpretations:
The law enacted by the parliament is called as statute. It is for the court to
ascertain the meaning to the letters and expression of the law. This is called as
“interpretation”. The words of the law then get real life. The judges then either
interpret in literal way i.e. interpretation with-in-the-frame or they may go beyond
the ‘letters’ to the ‘sprit’ of the law and interpret liberally ascertaining the true
intention of the legislators to the given law e.g. the case of Maneka Gandhi v.
union of India, cases filled by adv. M.C. Mehta for environmental cause. etc. Such
interpretation can be good source of research.

3. 2. Use of historical and comparative research materials

A student of law has to stick to the historical developments of a law only or a legal
system its development etc. the comparative research material must be also relating
to law, e.g. the comparative study between the Parliament of Great Britain and
India, the comparative study between the Fundamental Rights in India and US, the
comparative study between the institution of Ombudsmen in India and Sweden, in

53
this way there can be several issues where one will be able to study the
comparative study between any similar issues which can become a source of
material for the researcher.
3. 3. Use of observation studies:
One great asset of the observational technique is that it is possible to record
behaviour as it occurs. Many other research techniques depend entirely on people’s
retrospective or anticipatory reports of their own behaviour. The observational
techniques yield data that pertain directly to typical behavioural situations.
Observation is independent of people’s willingness to report. Many a time, a
researcher meets with resistance from persons being studied. People may not have
the time or they may be unwilling to be interviewed or tested. Studies may deal
with subjects who are not capable of giving verbal reports of their behaviour.
Observation may make available a variety of research purposes. It may be used to
explore the given area of subject-matter or to gain insight into the research problem
and provide a basis for development of hypotheses Observational techniques also
have limitations.
1. Observation of regular/ daily occurrences sometimes becomes difficult
because of the possibility that unforeseen factors may interfere with the
observational task. It is often impossible to predict the occurrence of an event
exactly enough to be able to be present to observe it.
2. The practical possibility of applying observational techniques is limited by the
duration of events. Besides, some occurrences that people may not be willing
and able to report are rarely accessible to direct observation (for example,
private behaviour).
3. It is often held that observational data cannot be quantified. This, however, is
a gross misconception. Social researchers will do well to bear in mind that
observational data like other data are not incapable of being calculated.
3. 4. Use of questionnaires/interview:
Questionnaire method of data collection is quite popular, particularly in
case of big enquiries. It is being adopted by private individuals, research workers,
private and public organizations and even by government departments. In this
method a questionnaire is sent (usually by post) to the persons concerned with a
request to answer the questions and return the questionnaire.
Quite often questionnaire is considered as heart of a survey operation.
Hence it should be very carefully constructed. If it is not properly set up, then the
survey is bound to fail. This fact requires studying the main aspects of a
questionnaire such as the general form, question formulation and wording.

54
A questionnaire consists of a number of questions printed or typed in a definite
order on a form or set of forms. The questionnaire is mailed to respondents who
are expected to read and understand the questions and write down the reply in
the space meant for the purpose in the questionnaire itself. The respondents have to
answer the questions on their own.
The method of collecting data by mailing the questionnaires to respondents
is most extensively employed in various economic and business surveys. The
merits claimed on behalf of this method are as follows:
1. It is free from the bias of the interviewer; answers are in respondent’s own
words,
2. Respondents have adequate time to give well thought out answers,
3. Respondents, who are not easily approachable, can also be reached
conveniently,
4. Large samples can be made use of and thus the results can be made more
dependable and reliable.
The demerits of this system can be:
1. Low rate of return of the duly filled in questionnaires; bias due to nonresponse
is often undetermined,
2. It can be used only when respondents are educated and cooperating,
3. The control over questionnaire may be lost once it is sent. There is inbuilt
inflexibility because of the difficulty of amending the approach once
questionnaires have been dispatched,
4. There is also the possibility of ambiguous replies or omission of replies
altogether to certain questions; interpretation of omissions is difficult,
5. It is difficult to know whether willing respondents are truly representative,
6. This method is likely to be the slowest of all.

The interview method:

The interview method of collecting data involves presentation of oral-verbal
motivation and reply in terms of oral-verbal responses. This method can be used
through personal interviews and, if possible, through telephonic interviews.
(a) Personal interviews: Personal interview method requires a person known as
the interviewer asking questions generally in a face-to-face contact to the
other person or persons.
(b) In the case of direct personal investigation, the interviewer has to collect the
information.
(c) There is greater flexibility under this method as the opportunity to restructure

55
questions is always there, especially in case of unstructured interviews,
(d) Observation method can as well be applied to recording verbal answers to
various questions,
(e) Personal information can as well be obtained easily under this method,
(f) Samples can be controlled more effectively as there arises no difficulty of the
missing returns; non-response generally remains very low.
(g) The interviewer can usually control which person(s) will answer the
questions. This is not possible in mailed questionnaire approach. If so desired,
group discussions may also be held.
(h) The interviewer may catch the informant off-guard and thus may secure the
most spontaneous reactions than would be the case if mailed questionnaire is
used.
(i) The language of the interview can be adapted to the ability or educational
level of the person interviewed and as such misinterpretations
concerning questions can be avoided,
(j) The interviewer can collect supplementary information about the
respondent’s personal characteristics and environment which is often of great
value in interpreting results.
Demerits of interview method:
1. It is a very expensive method, especially when large and widely spread
geographical sample is taken.
2. There remains the possibility of the bias of interviewer as well as that of the
respondent Certain types of respondents such as important officials or
executives or people in high income groups may not be easily approachable.
3. This method is relatively more-time-consuming, especially when the sample
are large and re-calls upon the respondents are necessary.
4. The presence of the interviewer on the spot may over-stimulate the
respondent.
5. Interviewing at times may also introduce systematic errors.
6. Effective interview presupposes proper rapport with respondents that would
facilitate free and frank responses. This is often a very difficult requirement.
8. 2.3. 5. Use of case studies
The case study method is a very popular form of qualitative analysis and involves a
careful and complete observation of a social unit. This unit can be a person, a
family, an institution, a cultural group or even the entire community. It is a method
of study in depth rather than breadth. Thus, case study is essentially an intensive
investigation of the particular unit under consideration. The object of case study

56
method is to locate the factors that account for the behaviour patterns of the given
unit as an integrated totality.
Advantages of the case study method:
The important advantages can be :
1. Being an exhaustive study of a social unit, the case study method enables
us to understand fully the behaviour pattern of the concerned unit.
2. Through case study a researcher can obtain a real and enlightened record
of personal experiences along with the forces that direct him to adopt a
certain pattern of behaviour.
3. This method enables the researcher to trace out the natural history of the
social unit and its relationship with the social factors and the forces
involved in its surrounding environment
4. It helps in formulating relevant hypotheses along with the data which
may be helpful in testing them.
5. Information collected under the case study method helps a lot to the
researcher in the task of constructing the appropriate questionnaire or
schedule for the said task requires thorough knowledge of the concerning
universe.
6. The researcher can use one or more of the several research methods
under the case study method depending upon the prevalent
circumstances. In other words, the use of different methods such as depth
interviews, questionnaires, documents, study reports of individuals,
letters, and the like is possible under case study method.
7. Case data are quite useful for diagnosis, therapy and other practical case
problems.
112
Limitations of the case study method:
1. Case situations are seldom comparable and therefore the information
gathered in case studies is often not comparable.
2. The case data as significant scientific data since they do not provide
knowledge of the “impersonal, universal, non-ethical, non-practical, repetitive
aspects of phenomena”.
3. The danger of false generalization is always there in view of the fact that no
set rules are followed in collection of the information and only few units are
studied.
4. It consumes more time and requires lot of expenditure.
5. Case study method is based on several assumptions which may not be very

57
realistic at times, and as such the usefulness of case data is always subject to
doubt.
6. Case study method can be used only in a limited sphere; it is not possible to
use it in case of a big society. Sampling is also not possible under this method.
7. Response of the investigator is an important limitation of this method. He
often thinks that he has full knowledge of the unit and can answer about it. In
case the same is not true, then a consequence follows. In fact, this is more the
fault of the researcher rather than that of the case study method.
Despite the above stated limitations, we find that case studies undertaken in
several disciplines, particularly in sociology, as a tool of scientific research in view
of the several advantages indicated earlier. Most of the limitations can be removed
if researchers are always conscious of these and are well trained in the modern
methods of collecting data.
113
3. 6. Sampling procedures - design of sample, types of sampling to
be adopted.
The field of inquiry of the researcher is termed as ‘Universe’ or ‘population’.
When the ‘Universe’ or ‘Population’ is larger, then only a specific sample is
obtained from the population, known as ‘unit’. A sample design is a definite plan
to obtain a sample from the ‘population’. It is a technique of a procedure followed
by the researcher.
Procedure to select a sample: -
The researcher must have clear idea of the universe from which he has to draw a
sample. Then he will have to make source list. The source list must possess the
following qualities: -
1. The source list must be exhaustive,
2. It must be up to date and valid,
3. It should contain full information about the unit,
4. It should be suitable for his study,
5. It must be reliable,
6. It must be within reach of the researcher.
Deciding sample unit: -
Before beginning the research, we will have to decide which type of the
sample unit will be selected. The sample unit can be
1. Geographical unit,
2. Structural unit,
3. Social group unit,

58
114
4. Individual,
Selecting the sampling technique: -
After deciding the sampling unit, we have to consider the technique. The following
are the techniques to be followed for selecting a sample,
1. Purposive sampling:
Purposive sampling is also known as Non-probability sampling and
judgement sampling. In this type of sampling the choice of researcher is supreme,
i.e., the items of sample are selected deliberately. In other words, the researcher
purposely chooses the ‘unit’ as a representative for the entire ‘universe’ of study. It
is very convenient and less expensive. There is always a danger of personal bias.
Personal element has chance of entering into the selection of sample.
2. Random sampling:
Random sampling is also known as Probability sampling. In this type of
sampling every item of the ‘Universe’ has a chance of inclusion in the sample. It is
just like a lottery method where individual units are picked up from the whole lot.
It gives each element in population an equal probability of getting into the sample
and all choices are independent of one another. It is very difficult to have complete
catalogue of ‘universe’, items selected may be too widely dispersed.
3. Cluster sampling:
In this type of sampling method clusters of units are selected instead of
individual or elementary units from the population. if the total area of population
is too big This is easy method to draw samples. It is a convenient way in which a
sample can be taken is to divide the area into a number of small non-overlapping
units and then randomly select a number of these smaller ‘clusters. When
sampling frame of all elements is not available we can resort to cluster sampling. It
is cheaper and time saving. However, the efficiency of cluster sampling is lesser
other method; it is less precise than random sampling.
4. Quota sample:
In this type of sampling the ‘Universe’ is divided into various strata
depending on the need of the research and then sample of prefixed size is taken
from each stratum of the universe using judgement sampling. judgement sampling
there is freedom to researcher to select the sample, there is no requirement of
technical knowledge, estimates can be obtained quickly and cheaply, however the
reliability is not known, dangerous to use without sufficient experiment.
3. 7. Use of scaling techniques
We are acquainted with measurements, i.e., weight, height, distance etc. we

59
use standard units of measure for the measurement such as kg. cms. Kmts. etc. But
in research such measurements are abstract. Herein the measurement means the
process of assigning number to objects or observations. The level of measurement
is the function of the rule under which the number is assigned. There are two types
of scales in legal studies, (1) those concerned with social behaviour and personality
and those used to measure certain other aspects of cultural and social environment.
Scaling is the branch of measurement that involves the construction of an
instrument that associates qualitative constructs with quantitative metric units.
Scaling evolved out of efforts in psychology and education to measure
“unmeasurable” constructs like authoritarianism and self esteem. In many ways,
scaling remains one of the most arcane and misunderstood aspects of social
research measurement. And, it attempts to do one of the most difficult of research
tasks — measure abstract concepts. Why do we do scaling? Why not just create
text statements or questions and use response formats to collect the answers? First,
sometimes we do scaling to test a hypothesis. We may want to know whether the
construct or concept is a single dimensional or multidimensional one (more about
dimensionality later). Sometimes, we do scaling as part of exploratory research.
We want to know what dimensions underlie a set of ratings. For instance, if you
create a set of questions, you can use scaling to determine how well they “hang
together” and whether they measure one concept or multiple concepts. But
probably the most common reason for doing scaling is for scoring purposes. When
a participant gives their responses to a set of items, we often would like to assign a
single number that represents that’s person’s overall attitude or belief.
8. 2.3. 8. Jurimetrics
This term jurimetrics signifies the scientific investigation of legal problems,
especially by the use of electronic computers and by symbolic logic. It is believed
to be introduced into legal vocabulary by Lee Loevinger in 1949. Evidently the
term jurimetrics originated in the 1960s as the use of computers in law practice
began to revolutionize the areas of legal research, evidence analysis, and data
management. Jurimetrics is used primarily in academic world to mean a strictly
empirical approach to the law. It is a neologism whose roots suggest Jurisprudence
and measurement, it was popularized by the American Bar Association (ABA),
whose quarterly Jurimetrics Journal of Law, Science, and Technology is a widely
respected publication with an international focus. The advent of more powerful and
affordable computers allowed symbolic logic (the use of formulae to express
logical problems) to be applied on a more practical scale. As the possibilities
inherent in rapid data retrieval caused a burst of research during the mid-1960s, the

60
ABA renamed the journal Jurimetrics.
The vast range and huge accumulations of material relevant to the legal process
seemed to demand some kind of mechanical and mathematical approach, if only
towards information storage and retrieval. On the other hand, the complexity of
modern statutory provisions with collateral amendments, statutory instruments
seemed to require more than traditional methods to enshrine / expound their
meaning.
Symbolic logic could perhaps provide a useful tool to this end. Computer will help
to eliminate arithmetical errors and data transposition oversights, which may
distort the information being relied upon by judges in making decisions.
More controversial types of question in the realm of behavioural research have also
been undertaken in the prediction of judicial decisions. Work has also been done
on the question how far patterns of consistency or regularity may be shown to exist
in relation to a large number of judicial decisions in a particular legal field.
Computers would ensure uniformity and a fair application of the law.
The leading works on this topic are JURIMETRICS, a symposium edited by Hans
W Baade (1963); and Frederick K Beutel, EXPERIMENTAL JURISPRUDENCE
(1957). They contained an introduction to this new discipline of the science of law,
and also, a number of examples of the types of work and experiments undertaken.
Computerized Research - A study of legal research programmes such as Lexis
Nexis and West law coding:
Computerized Research: -
`Computers do facilitate the research work. Innumerable data can be
processed and analysed with greater ease and speed. Moreover, the results obtained
are generally correct and reliable. Not only this, even the design, pictorial graphing
and reports are being developed with the help of computers. Hence, researcher
should be given computer education and be trained in the line so that they can use
computers for their research work.
Inspite of all these sophistications we should not forget that basically computers
are machines that only compute, they do not think. The human brain remains
supreme and will continue to be so for all times. As such, researchers should be
fully aware about the following limitations of computer-based analysis;
1. Computer analysis requires setting up of an elaborate system of monitoring,
collection and feeding of data. All this require time effort and money, hence,
computer-based analysis may not prove economical in cases of small
projects.

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2. Various items of detail which are not being specifically fed to computer may
get lost.
3. The computer does not think; it can only execute the instructions of a
thinking person. If poor data or faulty programmes are introduced into the
computer, the data analysis would not be worthwhile. The expression
“garbage in”, “garbage out” describes this limitation very well.
A study of legal research programmes such as Lexis Nexis and West law
coding:
Lexis law coding:
Lexis law coding is an authoritative online Indian legal content. It includes:
• All Supreme Court cases since 1950
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• Full text judgment of all prominent High Courts and Tribunals Full text
Judgments
Updated selected Acts
• Articles from a wide range of legal journals covering different areas of law
• New editions of Commentaries and analysis by expert and renowned authors like
West law coding:
Westlaw International combines a world of legal information with the
convenience of the World Wide Web to enable researcher to efficiently search and
retrieve results tailored to the specific professional needs.
Westlaw International offers the following benefits to legal researchers:
1. Current, accurate, and reliable content that is editorially enhanced for easy
retrieval of documents,
2. A predictable, subscription-based service giving access to selected case law,
legislation, treaties, law reviews, and legal directories organized in topical
and regional libraries.
3. A user-friendly interface based on familiar Web technology,
4. The graphics and step-by-step instructions based on accessing Westlaw
International via the Internet,
5.The students can visit this site to update him/her self
Classification and tabulation of data - Rules for tabulation.
Explanation of tabulated data.
Socio-legal research involves a large variety if responses to different kinds of
questions asked or stimuli presented to the sample or population of respondents. If
a large number of different kinds of responses are to be organized so that they can
be used in assuring the research questions or drawing generalizations, they must be

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grouped into a limited number of categories or classes. This classification is called
classification of data.
The main features of classifications are:
1. Facts are categorized into homogeneous groups.
2. The basis of classification is unity in diversity.
3. The classification may be either actual or notional.
4. The classification may be according to either attributes or characteristics or
measurements.
Objectives of classification:
1. To express the complex, scattered, haphazard into concise, logical and
intelligible form;
2. To make the points of similarity and dissimilarity clear;
3. To afford comparative study;
4. To avoid strain to the mind in understanding the significance;
5. To display underling unity items and
6. To help in finding out cause-effect, relationships if any, in the data.
Characteristics of good classification: -
1. A classification system must be exhaustive,
2. The classes are clear-cut and there is no overlapping,
3. The unity lying within a group must be homogeneous in respect of the fact
that has been basis of classification,
4. The same basis should be applied throughout the classification,
5. The total of different classes should be equal to the total of all the Items of
the universe,
6. Classification should be according to the purpose of enquiry,
7. The classification should be flexible and have the capacity of adjustment to
new situation and circumstances.
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A perquisite to the classification is that the researcher must select some appropriate
principles of classification. The research question or the hypothesis provides a
good logical basis for selection classable principles.
Tabulation or preparation of master chart:
Tabulation is the summarisation of results in the form of statistical tables.
Objects of tabulation:
1. To make the purpose of enquiry clear,
2. To make the significance clear,
3. To express the data in small space and

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4. To make comparison eazy.
Essentials of tabulation
1. The table must be attractive and look pleasing to the eyes.
2. The size of the table should be manageable.
3. The information should be so arranged in the table that it may be easily
comparable
4. The table should be so arranged that it should be clear even to a layman,
5. If it is a special purpose table, it must be suitable for the purpose in hand,
6. The table should be prepared in a scientific way.
Thus, tabulation is a means to present data in a summarised form in a way
that facilitates the required statistical calculation.
After completing the processing, the data has to be analysed and interpreted.

Essentials of tabulated data.

1. Title: the first part of the table is heading or title. It should be short and
convey the purpose of the table. It must be in the centre of the table
2. Stubs and captions: the headings of the different columns and rows are
known as stubs and captions. They should be properly given. Captions
generally, give the basis of classification
3. Size of the column: proper size of column facilities proper entering of
figures and a smart and nice appearance to the whole table.
4. Arrangement of items in rows: several schemes of arrangements of items in
the rows (horizontal) can be adopted e.g. alphabetical arrangement,
geographical arrangement etc.
5. Arrangements of columns: several schemes of arrangements of items in the
columns (vertical) can be adopted e.g. alphabetical arrangement,
geographical arrangement etc. there may be sub columns if the columns
have been divided into a number of groups and sub groups some
arrangement is necessary to distinguish a group from sub group.
6. Totals: the totals for different column and rows have to be given separately
7. Footnote: if there is anything special about the figures to which the attention
has to be specially drawn, the same may be done by giving the footnote.

Analysis of data
After the data has been collected and processed, the researcher shifts his
attention to the analysis. Analysis of data involves a number of operations.
Analysis of data may be considered as having a reference to the process of

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screening the data in the light of hypothesis or research questions, and also the
prevailing theories and drawing conclusions that will make some contribution in
the matter of theory formulation or modification. After an initial scrutiny of the
raw data the researcher should endeavour to prepare his plan for analysis to
indicate the variations of similarities in data.
Initiations of analysis would propose that the researcher has pondered over the
subject and done adequate home and library work while analyzing data, total
involvement and concentration of the researcher is essential. He should devote
sufficient time on each table so that he may work out all possible combinations for
the interpretations of each table.
The data so analyzed could be arranged in the form of tables and /or charts
etc. with a view to sharply project the qualities and characteristics of the subject
under study.

Question for Self-learning

1. What do you understand by the term ‘research’? Explain its significance in
modern times.
2. Describe different types of research and explain basic characteristics of each
one of them.
3. Comment upon the significance of review of literature in research.
4. Briefly explain the difference between research methods and research
methodology.
5. What is the significance of knowing research methodology?
6. Briefly describe the different steps involved in a research process.
7. What are major motivations in undertaking research?
8. What are the objectives of research?
9. What is meant by scientific method? Explain its significance and utility in
research.
10. Describe and discuss pertinent attributes of a scientific method and evaluate
their utility in a systematic investigation of a social fact.
11. Do you agree with the view that research is much concerned with proper
collection of facts, analysis and evaluation thereof? Explain
12. Why to formulate a research problem?
13. What are the various tools and techniques for collection of data?
14. Write short notes on:

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1. observation studies
2. questionnaires/interview
3. case studies
4. Use of scaling techniques
5. Sampling procedures
6. Jurimetrics
7. Computerized Research
8. Tabulation of data
9. Analysis of data

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