Research Methodology &

Legal Drafting

Dr. Muhsin Puthan Purayil

Assistant Professor of Political Science
Manipal Law School, MAHE – Bangalore
What is Research?

• Systematic Search for knowledge  A methodical process aimed at discovering

new information or understanding about a specific topic.
• Research is an original contribution to the existing stock of knowledge making for
its advancement.

• A quest for knowledge and understanding. Process of discovering new facts,

theories, or insights.
Aim: Expand the boundaries of what we know by investigating questions, testing
hypotheses, and analyzing data.

• The essence of research lies in its systematic nature. Unlike casual inquiry,
research follows a structured methodology  defining a problem, formulating
hypotheses or research questions, gathering relevant data, analyzing the
information, and drawing conclusions.
Goal: Generate findings that are reliable, valid, and generalizable,
Research can be categorized into different types based on its
approach and purpose.
Basic or fundamental research seeks to expand theoretical knowledge without
immediate practical application. Applied research, on the other hand, focuses on
solving specific, practical problems. Both types are crucial: basic research builds the
foundation for understanding, while applied research addresses real-world issues
and challenges.

In the academic world, research is a vital activity.

Scholars and researchers engage in research to explore new ideas, test theories, and
contribute to their fields of study. This academic research often involves publishing
findings in journals, presenting at conferences, and contributing to the development
of new theories or models. It is a driving force behind intellectual progress and
innovation.
Objectives of Research

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

insights into it
2. To portray accurately the characteristics of a particular
individual, situation or a group
3. To determine the frequency with which something occurs
or with which it is associated with something else
4. To test a hypothesis of a causal relationship between
variables.
Types of Research

Descriptive vs. Analytical

Applied vs. Fundamental

Quantitative vs. Qualitative

Conceptual vs. Empirical

Descriptive Research

 Describe the current state of affairs

 Includes surveys and fact-finding inquiries.
 Often referred to as Ex Post Facto research.
 No control over variables; reports on what has happened or is happening.

Examples:
• Measuring frequency of events (e.g., shopping habits).
• Gathering data on preferences and behaviors.

Methods:
• Surveys
• Comparative methods
Analytical Research
•Analyze and critically evaluate existing facts or information.
•Utilizes pre-existing data or information.
•Involves in-depth analysis to uncover insights or patterns.
•Emphasizes critical evaluation, interpretation, and synthesis of material.
•Aims to draw conclusions or make recommendations based on the analysis.

Example: Analyzing how different countries handle intellectual property rights

to identify best practices and differences.

Methods:

•Systematic review of data

•Statistical analysis
•Comparative analysis
•Synthesis of findings to evaluate relationships or impacts
Applied Research
Action research  Find solutions to immediate, practical problems.

• Focuses on addressing specific issues faced by society or organizations.

• Aims for practical outcomes and actionable results.

Examples

• Social Research: Identifying trends affecting institutions or communities.

• Business Research: Evaluating marketing strategies or communication

effectiveness.

• Policy Research: Developing solutions to current social or economic issues.

• Evaluation Research: Assessing the impact of programs or interventions.

Fundamental Research

• Generate knowledge and theories for broader understanding.

• Aims to contribute to general knowledge and theoretical frameworks.
• Often focuses on abstract concepts or natural phenomena.

Examples

• Basic Science Research: Studying natural phenomena or fundamental

principles in fields like physics or biology.

• Pure Mathematics: Exploring theoretical concepts without immediate

practical application.

• Behavioral Studies: Generalizing about human behavior without immediate

practical goals.
Quantitative Research
Measure and quantify phenomena.
• Focuses on numerical data and statistical analysis.
• Applicable to phenomena that can be expressed in terms of quantity.

Methods:
• Surveys with numerical scales
• Statistical analysis of data
• Experiments with measurable outcomes

Examples:
• Analyzing survey data to determine average customer satisfaction scores.
• Conducting experiments to measure the effectiveness of a new drug.
Qualitative Research

Explore and understand qualitative phenomena.

• Focuses on understanding underlying motives, reasons, and feelings.
• Deals with phenomena related to quality or kind, rather than quantity.

Methods:
• In-depth interviews
• Projective techniques (e.g., word association, sentence completion)
• Observational studies

Examples:
• Conducting motivation research to understand why people behave in certain ways.
• Performing attitude research to explore how people feel about a particular subject.
Conceptual Research

Develop or reinterpret abstract ideas and theories.

• Focuses on theoretical concepts rather than practical observations.
• Commonly used by philosophers and theorists.
• Involves critical thinking and conceptual analysis.

Methods:
• Literature reviews
• Theoretical frameworks
Examples:
• Developing new philosophical theories about ethics.
• Reinterpreting classical theories in modern contexts.
Research Type - - Based on Time

One-Time Research

• Conducted during a single time period.

• Example: A survey on customer satisfaction conducted once.

Longitudinal Research

• Conducted over several time periods.

• Example: A study tracking health changes over several years.
Based on Environment
Field-Setting Research
• Conducted in natural settings.
• Example: Observing consumer behavior in retail stores.

Laboratory Research
• Conducted in controlled, artificial environments.
• Example: Testing drug efficacy in a lab setting.

Simulation Research
• Uses simulated environments or models.
• Example: Modeling economic impacts using computer simulations.

A simulation environment is a virtual environment created to imitate the

operation of a real-world process or system over time.
Based on Approach

Clinical or Diagnostic Research

• Diagnostic research is a type of research that is used to identify the causes of
a problem.
• Example: In-depth study of a rare disease using small sample sizes.

Exploratory Research
• Aims to develop hypotheses rather than test them.
• Example: Preliminary research on emerging technologies.

Formalized Research
• Structured with specific hypotheses to be tested.
• Example: Testing the impact of a new teaching method on student
performance.
Research Methods vs Methodology

Research methods refer to the techniques used by researchers to conduct

studies. Three types :

Data Collection Methods:

Used when existing data is insufficient.
Focus on gathering new data to address research questions.
eg:- Observations: Survey, Interview

Statistical Techniques:
Used to establish relationships between data and unknown variables.
Involve analyzing data to find patterns and correlations.
eg:- regression analysis, correlation analysis
Evaluation Methods:
Used to assess the accuracy and reliability of research results.
Ensure the validity and credibility of the findings.
eg:- Reliability Testing, Triangulation –

Method and techniques also has subtle differences.

Techniques could also refer to behaviour and instruments we use in research
Research methodology

•It involves a systematic approach to solving research problems and understanding

how research is conducted scientifically.
•It encompasses not only the research methods used (e.g., surveys, experiments) but
also the rationale behind choosing specific methods.
•The scope of research methodology includes defining the research problem,
formulating hypotheses, collecting data, and analyzing results.
•It explains why particular methods and techniques are selected and how they
contribute to evaluating and validating research findings.
 Research Problem

Identification of the problem (discovering what needs investigation - )  selection

of the problem (a specific problem from the identified issues)  Reflective
thinking  Topic statement/specific research question

Critical Evaluation: Reflective thinking involves analyzing existing literature to

identify gaps and areas for further research.

Personal Insight: Researchers introspect about their interests and expertise to align
the research problem with their motivations and strengths.

Contextual Awareness: It involves understanding the broader context, including

trends and societal needs, to see how the research problem fits into the larger
picture.

Anticipation of Challenges: It aids in anticipating potential challenges and

limitations, including methodological, ethical, and resource-related issues.
•Identification: Recognizing the broad issue of data privacy concerns in the context
of advanced technologies.

•Selection: Focusing on the specific problem of gaps in existing regulations related

to new data analytics technologies.

•Topic: Formulating a precise research question or title that addresses the

effectiveness of current data protection laws, like DPDP, in the face of evolving
technological challenges.
Identification of a Research Problem

STEP 1. Researcher should review the research conducted in area to know the
recent trend and studies are being conducted in the area.

STEP 2. Researcher should draw an analogy and insight in identifying a problem or

employ his personal experience of the field in locating the problem. He may take
help of supervisor or expert of the field.

STEP 3. Researcher should pinpoint specific aspect of the problem which is to be

investigated.
The Sources of the Problem

(i) The classroom, school, home, community and other agencies of education are
obvious sources.

(ii) Social developments and technological changes are constantly bringing forth
new problems and opportunities for research.

(iii) Record of previous research such specialized sources as the encyclopedias of

educational, research abstracts, research bulletins, research reports, journals of
researches, dissertations and many similar publications are rich sources of research
problems.

(iv) Textbook assignments, special assignments, reports and term papers will
suggest additional areas of needed research.
(v) Discussions-Classroom discussions, seminars and exchange of ideas with faculty
members and fellow scholars and students will suggest many stimulating problems
to be solved, close professional relationships, academic discussions and constructive
academic climate are especially advantageous opportunities.

(vi) Questioning attitude: A questioning attitude towards prevailing practices and

research oriented academic experience will effectively promote problem awareness.

(vii) The most practical source of problem is to consult supervisor, experts of the
field and most experienced persons of the field. They may suggest most significant
problems of the area. He can discuss certain issues of the area to emerge a problem.
Aspects of Delimiting a Problem:

Delimit - Defining and setting boundaries for the scope and focus of a study

1. Delimited to certain variables that should be mentioned clearly in the problem.

2. Delimited to the area or level as primary level, secondary level, college or
university level.
3. Delimited to size of sample, considering the time, energy and money.
4. Delimited to the best method only.
5. Delimited to the best available tool for measuring the variable.
6. Delimited to the most appropriate techniques.
LEGAL RESEARCH
Legal research is one aspect of legal research involves studying
human behavior, interactions, and attitudes related to the law.
The study of the world of the law and the world that law purports
to govern.

Black Letter Law: Refers to the codified statutes and established

legal principles as they are written in legal texts. This aspect is
concerned with the precise language and formal rules of the law.

Law in Context: Considers how these legal principles are applied in

practice and how they interact with societal factors. It looks
beyond the written law to understand its real-world effects and the
lived experiences of those affected by it.

Instead of just analyzing legal texts, it examines societal problems

and considers whether laws contribute to or help solve these
issues. This approach also recognizes that solving problems might
require political, social, or economic changes beyond legal
reforms. It adds depth to legal studies by integrating these broader
perspectives.
Two Broad Traditions of Legal Research

Black Letter Law: Refers to the codified statutes and established legal
principles as they are written in legal texts. This aspect is concerned with
the precise language and formal rules of the law.
Law in Context: Considers how these legal principles are applied in
practice and how they interact with societal factors. It looks beyond the
written law to understand its real-world effects and the lived experiences
of those affected by it.
(a) Examines Societal Problems: Looks beyond legal texts to address real-
world issues. Considers how laws contribute to or help solve societal
problems.
(b) Recognizes Need for Broader Solutions: Acknowledges that solving
issues may require political, social, or economic changes. Explores
non-legal solutions alongside legal reforms.
(c) Adds Depth to Legal Studies: Integrates broader perspectives for a
more comprehensive understanding. Enhances analysis by
considering the practical impact of laws on society.
 Why Conduct Legal Research?

• Identify Sources of Law: To understand and resolve legal

problems.

• Extend Knowledge: To explore aspects of law and the legal

system.

• Policy Considerations: To investigate social, political, and

economic implications of legislation. ( law reforms
commission)

Role in Practice and Academia

• For Practicing Lawyers: Essential for cost-effective problem

resolution.

• For Students and Researchers: Moves beyond textbooks;

Purpose and Focus of Legal Research

1. Scholarly Legal Research

Comprehensive and in-depth, scholarly legal research
seeks to explore legal theories and concepts, aiming to
develop conclusions and advance understanding. It’s
driven by academic curiosity and focuses on theoretical
aspects of the law.

2. Practical Legal Research

Focused on providing actionable advice, practical legal

research is driven by client needs. It deals with legal
rules, authorities, and procedures to solve real-world
problems and ensure effective legal representation.
Academic Lawyers:

• Understanding Law: Interested in how law works and its

impact on people and organizations.

• International Perspectives: Focus on how legal practices

differ abroad.

• Blackletter Law: Often less focused on strict doctrinal law;

more interested in broader principles and theories.

• Publication: Directed towards conclusions.

Highly motivated to publish research and contribute to
academic discourse.
Practicing Lawyers:

• Practical Application: Concerned with how the law applies

to real-world problems and client issues.

• Domestic Focus: Less concerned with international legal

systems; focus on local laws and regulations.

• Blackletter Law: Emphasis on practical, detailed aspects of

law relevant to case handling.

• Writing: Limited time for academic writing; focus on client

work and practical problem-solving.
1. Formulating the Research Problem: Clearly defining what the research aims to address.
2. Extensive Literature Survey: Reviewing existing research to build a foundation and identify gaps.
3. Developing the Hypothesis: Proposing potential explanations or predictions based on the literature.
4. Preparing the Research Design: Structuring how the research will be conducted, including methods
and procedures.
5. Determining Sample Design: Deciding on how participants or data sources will be selected.
6. Collecting the Data: Gathering the information needed for analysis.
7. Analysis of Data: Interpreting the collected data to identify patterns or insights.
8. Hypothesis Testing: Evaluating whether the data supports the initial hypotheses.
9. Generalizations and Interpretation: Drawing broader conclusions from the research findings.
10.Preparation of the Report: Documenting and presenting the results and conclusions in a formal
report
Research Design

A Research design is a structured plan that outlines how a research study will be
conducted. It serves as a blueprint, providing a detailed roadmap for the entire
research process.

1. What is the research problem or question?

o What issue or question are you trying to explore or solve?
2. What are the research objectives?
o What specific goals do you want to achieve with this research?
3. What methodology will be used?
o How will you conduct your research? (e.g., surveys, experiments, interviews)
4. What is the sampling strategy?
o Who or what will you study, and how will you choose them?
5. How will data be collected?
5. What tools or methods will you use to gather information?
6. How will data be analyzed?
5. How will you examine and make sense of the data you collect?
7. What is the timeline and budget?
5. How long will the research take, and how much will it cost?
8. How will results be reported and disseminated?
5. How will you share your findings with others?
Comparative Study of Data Privacy Laws: India’s
Personal Data Protection Bill vs. GDPR
Objective: To compare and contrast the data privacy laws under India’s
Personal Data Protection Bill (PDPB) and the European Union’s
General Data Protection Regulation (GDPR), assessing their
similarities, differences, and implications for multinational companies.
Research Questions:
1.What are the key similarities and differences between the PDPB and
GDPR in terms of scope, principles, and obligations?
2.How do these differences impact multinational companies operating in
both India and the EU?
3.What challenges do companies face in complying with both regulatory
frameworks?
Statutory Analysis:
Examine the text of relevant statutes and regulations. For
example, in data privacy law, this would involve analyzing
provisions of the Digital Personal Data Protection (DPDP) and the
General Data Protection Regulation (GDPR).

Case Law Analysis: Study judicial decisions to understand how

courts interpret  analysing provisions of the Digital Personal
Data Protection (DPDP) and the General Data Protection
Regulation (GDPR).

Legal Doctrines: Explore established legal doctrines and

principles relevant (eg: Informed consent).
Interviews:
Data protection officers, legal experts, and compliance managers in multinational
companies. Why?
Objective and RQs To gather insights on the operational impact and compliance
challenges of adhering to both frameworks.

Literature Review
Law in Context
Impact of Data Privacy Laws on Small and Medium Enterprises (SMEs):
•Examine how small and medium-sized enterprises are adapting to data privacy regulations.
•Conduct interviews or focus groups with SME owners and managers to understand the financial and
operational impacts of compliance.

Public Awareness and Education on Cyber Laws in India:

•Assess the level of public awareness and understanding of cyber laws and data protection rights.
•Use surveys or interviews to explore the effectiveness of current educational initiatives and suggest
improvements.

Legal and Ethical Implications of Data Sharing by Government Agencies:

•Explore the legal and ethical concerns surrounding data sharing by government agencies.
•Conduct interviews with policymakers, legal experts, and civil rights advocates to gain insights into the
balance between security and privacy.