TYPES OF LEGAL RESEARCH NEEDED FOR LAW REFORM

“Types of Legal Research needed for Law Reform” by Sanjeyvignesh.J, of 54

INTRODUCTION

In general, it can be elucidated that

all research is the gathering of evidence

or information for ascertaining an

assumption or verifying some hypothesis.

Research is, therefore, an enquiry for the

verification of a fresh theory or for

supplementing prevailing theories by new-

knowledge. Infact, no research can be

purely new, as even original discoveries

are an extension of the search already

undertaken, being shaped generally as

expressing agreement or refutation or

plain addition. The purpose of the Legal

Research is to safeguard the interest of

the society as a whole by protecting its

physical (or) mental health. Legal

research is for authority to verify some

hypothesis and is a continuum under the


broad theme of enquiry about law, an

analysis is made of the rules, concepts

and institutions of the law and of the

legal system in it’s entirely.

*******

WHAT IS RESEARCH?

“The acquisition of knowledge is the mission of research, the transmission

of knowledge is the mission of teaching, and the application of knowledge is the

mission of public service.” – James A Stafford.

Research is combination of two words Re + Search which

means the repetition of search. According to plutchick

Research means to go around as to explore. Research is the

process of collection of evidence or information for

ascertaining an assumption or verifying some hypothesis1.


John W Best has rightly said “The secret of our cultural

development has been research, pushing back the areas of ignorance by

discovering new truth, which, in turn, leads to better ways of doing things and

better products”.

DEFINITIONS:

The Webster’s international dictionary defines research

as “a careful inquiry or examination in seeking fact or principles; diligent

investigation in order to ascertain something”.

In the words of Francis Bacon, “Research is a power of

suspending judgment with patience of mediating, with

pleasure of asserting with caution, of correcting with

readiness and of arranging thought with scrupulous plan.”

OBJECTIVES OF RESEARCH:

Right from the evolution of human society,

intellectuals of the society are always inclined to probe

for facts of the empirical world and to reveal the truth,

“Every aspect of human behaviours or facts of life has a

problem. In 'society there were problems, there are problems

and there will be problems, we have to find out answer to

those problems. Hence this is the requirement of the society

to conduct research2.

1. Legal Education and Research Methodology by Dr. Mono Purohit, Central

Law Publications

2. Khan, J.A. 2007 P-1


In simple words we can say research is a prerequisite

for a dynamic society. To seek the answer of a problem and

development of society, research plays a significant role.

Every research is socially oriented, as research is always

conducted for the betterment of advancement of the society.

It may discover new facts or test old existing facts. The

aim of research is to find out the truth which is hidden or

unknown and which has not been discovered so far.

The research has its functions and uses. We conduct

research either to enhance the efficiency of our system,

increase the volume and quality of information, to add on to

what already exists or for creating material conditions of

comfort. This also makes us become a class apart. In other

words research has got to be meaningful.

LEGAL RESEARCH IN GENERAL:

Any systematic investigation, inquiry or search for

information is research. “Systematic investigation of problems and

matters concerned with law is Legal Research”.

Legal research may be pursued to obtain better

knowledge and understanding of any problem of Legal

Philosophy, Legal History, Comparative study of Law, or any

system of positive law. It is also very essential for

writing text and teaching, for ascertainment of the correct

rules bounded by their limitations.


OBJECTIVES OF LEGAL RESEARCH:

One of the reasons for conducting legal research is to

analyse the law by reducing, breaking and separating the law

into separate elements. It can be as simple as examining and

explaining new statutes and statutory schemes or as complex

as explaining, interpreting and criticising specific cases

or statutes.

Another reason is “to fuse the disparate elements of cases and

statutes together into coherent or useful legal standards or general rules”.

The product of this research is legal standard that is

consistent with, explains, or justifies a group of specific

legal decisions.

TYPES OF LEGAL RESEARCH:

(a) Historical Research,

(b) Doctrinal Research (or) Traditional Research,

(c) Non-Doctrinal (or) Socio-Legal (or) Empirical

Research,

(d) Comparative Research,

(e) Induction and Deduction Research,

(f) Other Kinds of Research,

(g) Case Law Analysis,

(h) Oral Advocacy.


(a) HISTORICAL RESEARCH:

Historical Research means “Finding out the previous law in order

to understand the reasons behind the existing law and the course of its

development.”

P.M.Bakshi in his essay “Legal Research and Law Reform” stated

Historical Research as “On the Archives Building in

Washington, there is a famous inscription which reads:

“ALL THAT’S PAST IS PROLOGUE”.

These are pregnant words and not mere rhetoric. The

past often explains the present, most vividly”.

Historical research in this context is not meant a

discussion of the history of each rule of law or of each

statutory provision for the sake of mere intellectual

delight or for mere record. Like all other types of research

required for the purpose of law reform, historical research

is useful in law where the present statutory provision or

rule of law has raised meaningful queries and it becomes

necessary to explore the circumstances in which the present

position came about.

Not unoften, an exploration of the historical material

gives a clue to the reasons why a particular provision was

framed in the form in which it now appears. This often

removes certain doubts, or even supplies to the researcher

the reasons that justify the present provision - reasons

which may not otherwise be apparent. Obviously, where such a

fruit is yielded by historical research, it has its own

utility. It prevents one from making a suggestion for change


in the law which one was tempted to make (before knowing the

past), but which now appears to be unnecessary.

Secondly, historical research may often reveal that

alterations in the law on particular lines which are now

tentatively under consideration had already been thought of

in the past also, in the earlier attempts at reform of the

law, but had been rejected for sound and valid reasons.

Thirdly, historical research would often show that a

particular existing provision, fully justifiable at the time

when it was introduced, is no longer so justifiable because

the reasons that justified the original inclusion of that

provision are no longer valid. Historical research reveals

the reasons, which might otherwise remain obscure.

Finally, on more general level, when the history of a

particular idea which has been given a concrete shape in the

law is studied in depth, it shows the gradual evolution of

the law on certain lines, thus showing the general trend of

change. It is true that some jurists fight shy of history3.

Jeremy Bentham stated “we are told, had scant respect for history

and contributed little to an understanding of legal and social change in a

continuum.”

But it is now well recognised that in many cases there

is certain logic in the way in which the law evolves, even

though, in some other cases, one may, no doubt, find that

the law had in the past developed rather on haphazard lines.


Of course, when one speaks of historical research, one

is not confined to pure law. Even though the material

directly under study may be legal, that is to say, the

source to be consulted may be a traditional legal source,

the factual material that comes to light and the knowledge

of ideas gathered from such a source, may often have an

interest that transcends the exclusively legal field. In

fact, social and legal factors cannot be always reduced to

water tight compartments. Any adequate appraisal of the

precise nature and rate of change in a particular country

must also pay special attention to the effect of relevant

physical, demographic, technological and ideological

variables4.

3. Sir William Holdsworth, A History of English Law,

Vol. XIII at 125 (1966 reprint).

4. Edward.S.Crowin, The Constitution and What it means Today,

Preface at V (12th Edition, 1958)

Notwithstanding Bentham’s view that “a science of law and

legislation, could be created which was governed by laws as invariable as those

which governed the physical world.”

Sources of Historical Material:

What, then, are the sources from which historical

material may be drawn? Here the legal researcher sometimes

feels a handicap. Notwithstanding the availability of

general books on Indian legal history and Indian

constitutional history, the researcher will find that when


he sits down to tackle a particular subject assigned to him

in a project of law reform, the historical material is not

easily traceable. At least, it is not as easily traceable as

Precedents.

So far as pure statute law goes, some of the

commentaries, no doubt, supply the reader with the text of

the corresponding provisions in earlier statutes. But this

does not always fully satisfy the curiosity of the

researcher, and may not, in every case, yield sufficient

light as to why a certain provision was phrased in a certain

manner in the corresponding earlier statute.

For this purpose, he will have to consult the relevant

legislative debates. Fortunately, so far as central Acts go,

these are excellently preserved in the national archives or

state archives in regard to the older Acts. If the

researcher finds it necessary (as he often may) to know the

contemporaneous judicial understanding or exposition of the

earlier provision, he will certainly like to go to the

sources that contain such exposition. Experience has shown

that one of the best sources to be consulted for this

purpose are the earlier' commentaries on the particular

statute5.

(b) DOCTRINAL RESEARCH (or) TRADITIONAL RESEARCH:

Introduction:

Doctrinal legal research into Legal Rules, principles,

concepts or doctrines. It involves a rigorous systematic

exposition, analysis and critical evaluation of legal rules,


principles or doctrines and their inter-relationship. It

arranges the existing law in order and provides thematic

parameters for such an order. It also concerns with critical

review of legislations and of decisional processes and their

underlying policy6.

5. P.M.Bakshi, Legal Research and Law Reform, ILI, First Reprint 2006.

6. Prof (Dr.) Kushal Vibhute & Filipos Aynalem, Legal Research Methods, 2009

Doctrinal legal research, thus, involves:

(i) Systematic analysis of statutory provisions and of

legal principles involved therein, or derived therefrom, and

(ii) Logical and rational ordering of the legal

propositions and principles.

The conventional legal approach to the law is all about

doctrine. Legal academics understand that the language of

judicial opinions represents the law. The classical form of

legal scholarship was doctrinal research, in which a

researcher examined the content of a legal opinion to

evaluate whether it was effectively reasoned or to explore

its implications for future cases. Doctrinal research was

grounded in a descriptive premise that reasoned argument

from doctrinal premises actually explained judicial

decisions. In other words this type of research may also be

called as “Traditional Research”.

In a doctrinal research, a legal scholar takes one or

more legal propositions as a starting point as focus of his

study. Dr.S.N.Jain observed that “doctrinal Research involver’s


analysis of case law is arranging, ordering and systematizing legal proposition

and study of legal institution through legal reasoning or rational deduction”.7

Sources of doctrinal research:

Ordinarily conventional legal sources are used in

doctrinal research. Scholar undertaking doctrinal research

takes secondary data relevant to his proposition. His

sources not only include Statutes or enactments – but also

reports of committees; legal history, judgment etc. Acts

passed by state legislatures and parliament comes under this

category of sources. Judgments of Supreme Court and high

courts also come under above mentioned sources. They have

primary authority. Text books, periodicals, commentaries

also come under sources of doctrinal research but they are

not as authentic as original sources like enactment and case

published by authorised publisher.

Suitable examples and case laws:

This kind of research is carried on by all the Judges,

Lawyers and Law teachers.

The two most important examples of traditional research

are the Law of Torts and Administrative law. These two areas

of law have been developed by the Judges rather

7. S.N.Jain, Doctrinal and Non-Doctrinal Legal Research, 14 J ILI 487 (1972)

than the theoretical researchers. According to Cardozo8 “law

or legal propositions are not final or absolute. They are in

the state of becoming. Accepted norms or principles whether

Statutory or as principle of justice, equity and good


conscience are applied again and again to test its veracity

or authenticity as a true principle of Law. If it is found

to be

Unjust, it may be modified or changed to meet the present

requirement.

For example, the Indian Penal Code, 1860 has declared

that an attempt to commit suicide is an offence and the

person attempting to do so is punishable under that law. But

in Nagbushan Patnaik’s Case9 the Supreme Court had declared this

provision is unconstitutional as it is in violation of

Article 21 of the Constitution of India which confers on the

people, the right to personal liberty. As interpreted by the

Supreme Court the right to personal liberty under Article

includes the right to die as well and hence a person

attempting to commit suicide cannot be punished under the

section of the Indian Penal Code.

The Supreme Court has observed as follows:

"Section 309 of the Penal Code deserves to be effaced

the statute book to humanize our penal laws. It is a cruel

and irrational provision and it may result in punishing a

person again (doubly) who has suffered agony and would be

undergoing ignoring because of his failure to commit

suicide. Then an act of suicide cannot be said to be

against, religion, morality or public policy and an act of

attempted suicide or attempt to commit it causes no harm to

others, because of which states interference with the

personal liberty of the concerned person is not called for.

Thus Section 309 of the IPC violates Art. 21 and so. It is


void. May it he said that such View would advance not only

the cause of humanization, which is a need of the day. But

of globalization also, adverse sociological effects are

caused by the death of the concerned person and not by one

who had tried to commit suicide. Indeed, those who fail in

their attempts become available to be more or less as useful

to the family as they were. So the person to be punished is

one who had committed suicide but he is beyond the reach of

law and cannot be punished. This provides no reason to

punish a person who should not be punished."

The problem of suicide is of controvertible nature. The

question whether a person is free to choose the manner and

time of his own death has generated thought provoking debate

for a long time.

8. Benjamin Cardozo, The Nature of Judicial Process, 23 (1921)

9. P.Rathinam Nagbhooshan patnaik v. Union of India and another, A.I.R 1994 Pg. 1844

As the latest decision of the Supreme Court on the

point, Gian Kaur v. State of Punjab10, lays down, life is considered

the most precious commodity and every effort has to be made

to preserve it. The Court, in the instant case, made it

clear that the right to life, including the right to live

with human dignity would mean the existence of such right

upto the end of natural life. This also includes the right

to a dignified life upto the point of death including a

dignified procedure of death. The Supreme Court also

reversed its earlier judgement in the Rathinam Case11 and held

that the right to life does not include a right to die.


Commenting on Administrative Law, Grundstein has observed:

“The creation of a body of law where none had hitherto

existed is a social achievement. It is to be an achievement

not to be underestimated. It also serves as a reminder that

at particular periods in the history of law the creative

working out of legal doctrine both necessary and critical

and justifiably a paramount concern of legal research12.”

Apart from this our statutory law, is replace with such

phrases or Vocabularies which have no definite answer for

all situations. The Courts have been given the discretion to

interpret and apply them so as to sub serve the social need,

e.g., ‘just and equitable’, `public order’, ‘reasonable

Opportunity of being heard’, ‘reasons to believe’, ‘rash or

negligence act’, ‘reasonable apprehension’, ‘industry’, etc.

while interpreting these phrases the judiciary itself has

evolved certain norms which are vague and flexible13. Which

can be made certain and workable by evolving principle on

the basis of research.

Ours is a welfare society is to adjust the conflicting

interest of various components of the society by applying

the principle of "reasonable classification. But what is a

reasonable classification is in itself a matter of

discussion and debate. Here the researcher can find out as

to what standard can be termed as reasonable classification-

Likewise, as to what can precisely be termed as ‘basic

structure’ of the Constitution is not clear. It can be

determined by making a thorough enquiry into it. The task of

a doctrinal researcher is not a purely mechanical one.


10. (1996) 2 SCC 448.

11. (1994) 3 SCC 394.

12. N.D.Grundstein: Administrative Law and the Behavioural and Management

Sciences, 17th Journal of Legal Education – 122 (1964 – 65)

13. S.N.Jain, Doctrinal and Non-Doctrinal Legal Research, 14 J ILI 487 (1972)

While inferring a principle on the basis of available

knowledge in the area of research, he may apply logic,

ethics, and requirements of the day and out of several

alternatives, he chooses the best one. i.e. the one which

best serves the interest of the society. In modern context,

the doctrinal researcher has to find out and propose those

principles, rules and regulations which can serve the

purposes what Roscoe Pound has termed as “social engineering” as

well as the existing doctrine/principles of law may become

certain and stable so that social goals may be achieved.

If the researcher happens to be a judge he can give

concrete shape and stability to the legal principles by

applying the principle of review or revision or overruling.

A good number of cases may be cited to substantiate this

point of view, e.g. Shankeri Prasad 14 and Sajjan Singh’s Cases15 were

overruled by Golak Nath Case16 which was subsequently overruled

in Keshavanand Bharati case17. Similarly a definite shape was

provided by the Supreme Court to the right of personal

liberty as given in Article 21 of the Constitution in

A.K.Gopalan’s case18. But its scope was widened in Menaka Gandhi19

and in subsequent other cases because the Court was

convinced that with the passage of time the meaning and

scope of the right to personal liberty has considerably

widened since its decision in A.K.Gopalan’s case.


The Court has introduced changes not only in the area

of Constitutional Law, but also in the area of Labour law,

Criminal law as well as Property Law. The Courts have held

that death sentence should not be imposed in all cases in

which the offence of murder is established, but only in

rarest of rare cases. Death penalty is now an exception,

life imprisonment is the rule20. Not only the execution of

death sentence in public has been held to be a barbaric act

and that the person sentenced to death to also entitled to

procedural fairness till the breath of his life21.

14. A.I.R 1951 S.C. 458.

15. A.I.R 1965 S.C. 845.

16. A.I.R 1967 S.C. 1643.

17. A.I.R 1973 S.C. 1461.

18. A.I.R 1950 S.C. 27.

19. A.I.R 1978 S.C. 597.

20. Jagmohan Singh v. Uttar Pradesh,

A.I.R, 1973 SC 947

21. Triveniben v. State of Gujarat

A.I.R, 1989 SC 142

The Court has also recognized the right to die and

hence an attempt to commit suicide is more an offence.

Although in a recent judgment in Gyan Kaur v. State of Punjab and

others, the Supreme Court has reversed this judgment and has

held that the attempt to commit suicide is a punishable

offence.


Most of the works of doctrinal researchers result in

some concrete proposals for problems in hand, but sometimes,

it fails, especially when the subject is growing very fast

or when the research was undertaken merely to test the

logical consistency and technical soundness of a

proposition.

Essential characteristics of doctrinal research:

1. This type of research involves analysis of legal

proposition or legal concept.

2. Legal propositions from enactments, administrative

rules or regulations, cases of courts can be a part of

doctrinal research.

3. Conventional sources of data are used.

Doctrinal research looks at the following issue.

a. The aim of preferred values.

b. The problems posed by the gap between the policy goal

and the present state of achievement.

c. Availability of attentive choice for the implementation

of goals.

d. The prediction and consequences that were made.

Basic tools of Traditional Researcher:

The basic tools of a doctrinal legal researcher are:

1. Statutory materials,

2. Case reports,

3. Standard textbooks and reference books,

4. Legal periodicals,

5. Parliamentary Debates and Government Reports, and


6. Micro films and CD-ROM.

These tools, depending upon the nature of information

they contain, may be re-categorized into primary and

secondary sources of information. National Gazette and Case

Reports fall in the first category, while the rest fall in

the latter.

(c) NON-DOCTRINAL (or) SOCIO-LEGAL (or) EMPIRICAL RESEARCH:

Introduction:

However, in the recent past, doctrinal legal research

has received a severe jolt due to change in the political

philosophy of law from the laissez faire to the welfare state

envisaging socio-economic transformation through law and

legal institutions, the consequential new substantive and

functional facets of law, and certain compelling pragmatic

considerations arising from this metamorphosis.

Non-Doctrinal research is fact oriented. Legal

researcher undertaking non-doctrinal research “takes either some

aspect of the Legal decision process or the people and institution supposed by

regulated law22.”

Prominent reasons and arguments stressing the need for

inquiry into social facets of law are:

a. The emergence of sociological jurisprudence23 and its

underlying philosophy assigned ‘law’ the task of ‘social

engineering’.


b. In the light of such a role assigned to law, it is

argued, it becomes necessary to look into the ‘factors’

or ‘interests’ of the Legislature that play significant

role in setting the legislative process in motion and

in identifying the beneficiaries thereof and the

reasons there for.

c. It becomes necessary to carry out frequent attitudinal

studies of those whose legal position is sought to be

modified by a given law as well as of those who are

vested with the power of interpreting and implementing

it so that the Legislature, armed with this feedback,

can fulfill its job in a more satisfactory manner.

d. A number of facts or factors that lie outside a legal

system may be responsible for non-implementation or

poor implementation of a given piece of social

legislation.

e. There is nearly always a certain ‘gap’ between actual

social behaviour and the behaviour demanded by the

legal norm and certain ‘tension’ between actual

behaviour and legally desired behaviour.

22. Earnest.M.Jones, 2001. P-33

23. See, Roscoe Pound, Jurisprudence, vol. 1-3 (St. Paul, Minn., West

Publishing Co., USA). Also see, M.D.A .Freeman, Lloyd’s Introduction to

Jurisprudence (Sweet & Maxwell, London, 6th edn, 1994), chap 7:

Sociological Jurisprudence and the Sociology of Law.

Sociology of Law:


From where does a doctrinal researcher get his social

policy, social facts and social values? The answer is his

own experience, observation, reflection and study of what

others have done before him in a similar or same kind of

situation. However, it will certainty add value to his

research if he gets an opportunity to test his ideas by

sociological data. In other words, the sociology of law

tries to investigate through Empirical Data how law and legal

institutions affect human attitudes and what impact on

society they create. The sociology of law also concerns itself

with the identification and creating an awareness of the new

problems which need to be tackled through law.

Just as a matter of semantics, the author will use the

term “sociology of law (or) Socio-Legal” where the major tools of

a legal researcher are “empirical and sociological data”. This is

to be distinguished from sociological jurisprudence and, as

stated earlier, a doctrinal researcher has to be but a

sociological jurist because of the wide discretion available

to him in modern times to make his value choices.

Though sociology of law may have great potentialities,

yet a few caveats must be entered here.

Firstly, sociological research is extremely time

consuming and costly, It has been stated “Socio legal

research is more expensive, it calls for additional

training; and it entails great commitments of time and

energy to produce meaningful results, either for policy-

makers or theory-builders”.24


The decisions in human affairs. However, cannot await

the findings of such studies and must constantly be made,

and herein comes the value and utility of doctrinal

research. Thus, “Doctrinal legal research...has had the

practical purpose of providing lawyers, judges and others

with the tools needed to reach decisions on an immense

variety of problems, usually with very limited time at

disposal”.25

Secondly, Socio-Legal research needs a strong base of

doctrinal research. Upendra Baxi rightly points out that

“law-society research cannot thrive on a weak infra-

structure base of doctrinal type analyses of the

authoritative legal materials”.26

24. International Legal Center, Law and Development, 10, (New York, 1974)

25. Vilhelm Aubert (Ed.), Sociology of Law 9 (1969)

26. Upendra Baxi, Socio-Legal Research in India: A Programs rift 7 (ICSSR, 1975)

The reason is simple. The primary objectives of the

sociology of law are to reveal, by empirical research. How

law and legal institutions operate in society, to improve

the contents of law, both in substantive and procedural

aspects, to improve the structure and functioning of legal

institutions whether engaged in law administration, law

enforcement, or settlement of disputes.

Thirdly, sociological research may help in building

general theories, but it seems inadequate where the problems


are to be solved and the law is to be developed from case to

case. For instance, as a matter of general theory it is

axiomatic that governmental powers need to be checked as

“power corrupts and absolute power corrupts absolutely”, but

too much check may result in governmental ineffectiveness.

This necessitates that when a case comes before a court in

which abuse of power by the executive is alleged, pragmatic

considerations ought to control the decision-making. Since

the law to control governmental action develops from case to

case, it will not do to theorise that either there should be

no control over governmental action or there should be

adequate control. That is why it has been said about the

ultra vires doctrine, which is the basis of judicial review in

case of writs:

The ultra vires doctrine provides a half way basis of

judicial review between review in appeal and no review at

all.... The half way review, the extent of which is not

always clear, creates uncertainty about judicial

intervention in administrative action. Sometimes, the courts

may feel like intervening because they feel strongly about

the injustice of the case before them; sometimes they are

not sure of injustice and wish to give due deference to the

expertise of the administration and uphold the decision.27 It

is beyond the comprehension of the author how we can improve

the contents of the ultra vires doctrine by sociological

research.

Fourthly, the function of law in society is not only to

follow or adapt itself to public opinion but also to give a


lead and mould public opinion. When the law should follow

one course or the other may not always be answered on the

basis of sociological data but on the basis of one’s

maturity of judgment, intuition, and experience, though

sociological research may be of some informational value to

the decision-maker.

27. M.P.Jain and S.N.Jain, Principles of Administrative Law 363 (1973)

Fifthly, on account of complicated settings (and this

particularly applies to economic data) and variable factors,

we may again be thrown back to our own pre-conceived ideas,

prejudices and feelings in furnishing solutions to certain

problems. For instance, there has been the perennial problem

of governmental control of business or non- governmental

control. private enterprise or public enterprise (or

efficiency or inefficiency of the one or the other), and

individual liberty or governmental power; We may not be able

to answer these questions basic to any society through

scientific study.

Kelsen Says: “The issue between liberalism and

socialism, for instance, is, in great part, not really an

issue over the aim of society, but rather one as to the

correct way of achieving a goal as to which men are by and

large in agreement, and this issue cannot be scientifically

determined, at least not today”.28

Sixthly, though law-sociology research is of recent

origin, yet it is common knowledge that even in the United


States, where this kind of work has been done mostly, such

researches have yet to show their potentiality in terms of

translating the findings into legal propositions and norms.

Amongst others, one reason may have been the failure to

select subjects with such potentialities. Any information

has some value, but when huge resources are to be staked in

collecting sociological data it may be better to use them on

carefully planned subjects where the research may lead to

ultimate improvement of the contents of the law. Thus, with

regard to decision-making research, Davis observes:

Research on decision-making excites many people,

including Professor Grundstein, and the quantity of such

research is voluminous even staggering. A single-

bibliography on decision-making research fills a sizable

volume.29

He further says:

The down-to-earth Behavioral Research Council concludes

as to decision-making research: “The major result in the

field, to date, has been the development of a variety of

theories, the testing of which has only begun .... Little

can be said about the usefulness of the field until the

testing (and in some instances the stating of the theories

in testable form) has been accomplished.30

28. Kelsen, General Theory of Law and State 7 (1961)

29. K.C.Davis, “Behavioral Science and Administrative Law”, 17 J. Legal Ed.

137 (1964-1965)

30. Ibid


The distinguishing characteristics of a non-doctrinal legal research are:

I. It lays down a different and lesser emphasis upon legal

doctrines and concepts,

II. It seeks answers to a variety of broader questions,

III. It is not anchored exclusively to appellate case

reports and other traditional legal sources for its

data, and

IV. It invariably involves the use of research

perspectives, research designs, conceptual frameworks,

skills, and training not peculiar to law trained

personnel.31

Basic Tools:

1. There are several ways of collecting empirical data for

social-legal research. The required information can be

collected from the identified respondents in a face-to-

face interaction by administrating them a set pre-

determined question or through sketchy questions

prepared by the respondent. These methods of data

collection are known as ‘interview’ and ‘schedule’

respectively.

2. The pre-determined questions can also be administered

to the respondents indirectly through post, fax, emails

or any other appropriate methods of communication. This

method of data collection is known as ‘questionnaire’.

3. A socio-legal researcher can also collect the required

information by systematic ‘observation’ of a phenomenon,

behavior of his respondents or institutions that


constitute focus of his study or by studying other

existing records that reflect the phenomenon under his

inquiry.

The basic tools of data collection for a socio-legal research are:

i. Interview,

ii. Questionnaire,

iii. Schedule,

iv. Interview guide,

v. Observation, participant or non-participant, and

vi. Published or unpublished materials (such as CensusReports, Reports of Governmental and/or Non-Governmental Agencies,and appropriate literature on sociology of law).32

31. Ernest M Jones, Some Current Trends in Legal Research

32. Pauline V Young, Scientific Social Surveys and Research

(Prentice-Hall of India, New Delhi, 4th edn, 1968),

Demerits of Socio-Legal (or) 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. The

researcher must have strong base of legal doctrines, case

law and legal institutions.

(3) It is extremely weak in solving a problem in hand;

similarly it is not effective where the law is to be

developed from case to case.


(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 adaption.

(d) COMPARATIVE RESEARCH:

The comparative legal research is used to study legislative

texts. Jurisprudence and also legal doctrines, particularly

of foreign laws. It stimulates awareness of the cultural and

social characters of the law and provides a unique

understanding of the way law develops and works in different

cultures33. It also facilitates better understanding of the

functions of the rules and principles of laws and involves

the exploration of detailed knowledge of law of other

countries to understand them. To preserve them, or to trace

their evolution34.Accordingly, comparative legal research is

beneficial in at legal development process where

modification, amendment and changes to the law are required.

The most common comparative legal scholarship is cross

jurisdictions comparison of laws of different legal systems.

It is typical tor researchers who undertake this research to

examine the law as it is while at the same time provide

ideas and views for future legal development. For instance,

Kierkegaard 35 examined the “rules applicable to the formation

of electronic contracts in the United States and the

European Union”. Another example is found in Pure Economic Loss


in Europe “where a group of researchers took a painstaking

task of comparing laws governing pure economic loss in 13

different legal systems across the European Union”. 36

33. Walker, 1981

34. Palmer, 2005

35. Kierkegaard, (2007) in E-Contract Formation: U.S. and E.U. Perspective

36. Pure Economic Loss in Europe, Bussani and Palmer, 2003

Nowadays, comparative approach also refers to the study

of specific aspects of the law from the perspective of

Shari’ah37 in comparison to civil law.

So far as the countries which may be chosen for the

purpose of comparison it must be kept in mind that most of

our present day laws have been borrowed from the English Law

and we are well acquainted with that system. Therefore, we

can have recourse, very often to the English law. We can

also leave recourse to the laws of the countries belonging

to common Wealth e.g. Australia, Canada, Newzeland, etc..

Recourse to the law of United States of America and

continental countries e.g. France, Germany, Switzerland and

Sweden can also be had. Here again it could not be out of

context to refer that as regards interpretation of

Constitutional and Administrative Laws, we rely heavily on

U.S., French and British practice. The material which should

be accepted for comparison should be generally the codified

law.

But if there is no codified law, on a particular

subject, the authoritative works of eminent persons, papers


and articles may also he examined for the purposes of

comparison. Effort should always be made to have primary

source for comparison. But if primary sources are not

available only then recourse may be had to the secondary and

tertiary sources.

But in case of secondary and tertiary sources their

authenticity must be checked and rechecked two or more

primary, secondary and tertiary sources may be checked with

each other.

Difficulty, however, is faced when the primary,

secondary or tertiary sources of law of other countries are

in the language not understood by the researcher. He can

obtain and make use of only translation. If possible, in the

language he understands. But if the translation has not been

the work of a specialist, then it cannot be relied upon as a

suitable material for comparison.

If these handicaps are properly handled, this method of

research is very useful for suggesting reform in law.

However, in the name of reform, foreign legal system should

not be imported in this country blindly. Only such reforms

are suggested as suits to the Indian ethos and which is

necessary for the progress and development of the country.

37. The code of Law derived from the Koran and from the teachings and example of

Mohammed.

Shariah is only applicable to Muslims.

(e) INDUCTION AND DEDUCTION RESEARCH:


Induction and deduction

1) The choice between induction and deduction depends on a

series of factors, but above all on the objectives of our

study. It can also be linked to and determine the

differences between qualitative and quantitative methods.

2) In law both approaches are used:

Deduction Research (also called syllogism)

1) General proposition or premise : To steal is an act

contrary to Sec.1 of the Theft Act,1978.

2) Minor proposition : Anne has stolen a book.

3) Conclusion : Anne has acted contrary to Sec.1

of the Theft Act, 1978.38

Inductive Research (reasoning by analogy)

1) An eyewitness saw Anne take a book from the shelf and

leave the store (witness could be mistaken)

2) Anne was stopped outside the store with the book by the

store detective.

3) That particular book had not been noted out of the store

by the computer sales system (computer could be wrong)


4) 1-3 taken together proves the physical act (actus Reus) of

theft at the level of evidence.

5) Crimes usually require mental element, the mens rea.

(Anne alleges that she did not intend to take the book).

6) Consider Sec.1 of the Theft Act 1978.

This also demonstrates that the application of rules

requires taking into account the social and legal context of

the act. Rules provide the starting point for deliberations.

38. Hanson, Sharon, Legal Method and Reasoning (London: Cavendish, 2003) pp.

215-268

(f) OTHER KINDS OF LEGAL RESEARCH:

1. Applied and Fundamental Research:

Applied research (or) Action Research aims at finding a

solution for an immediate problem. Here the researcher sees

his research in a practical context. While in Fundamental

Research (or) Pure Research (or) Basic Research, the researcher is

mainly concerned with generalization and with the

formulation of a theory. He undertakes research only to

derive some increased knowledge in a field of his inquiry.

He is least bothered about its practical context or utility.

Research studies concerning human behavior carried on with a

view to making generalizations about human behavior fall in

the category of fundamental or pure research. But if the

research (about human behavior) is carried out with a view

to solving a problem (related to human behavior), it falls

in the domain of applied or action research.


The central aim of applied research is to discover a

solution for some pressing practical problem, while that of

fundamental research is to find additional information about

a phenomenon and thereby to add to the existing body of

scientific knowledge. The ‘applied’ scientist is thus works

within a set of certain values and norms to which he feels

committed. A sociologist, for example, when works with a

social problem to find solution therefor and proposes,

through a systematic inquiry, a solution or suggests some

measures to ameliorate the problem, his research takes the

label of ‘applied’ or ‘action’ research. But when he

undertakes a study just to find out the ‘what’, ‘how’ of the

social problem, his inquiry takes the nomenclature of ‘pure’

or ‘fundamental’ research.

However, the above-mentioned ‘distinguishing factor’

between the ‘applied’ and ‘fundamental’ research need not be

conceived as a ‘line’ putting the two ‘across’ the ‘line’

forever or an ‘either-or’ dichotomy. In fact, they are not

mutually exclusive. There is a constant interplay between

the two, each contributing to the other in many ways.

2. Statistical Research:

This kind of research is very significant in the area

of science especially Economics, Commerce etc. But so far as

law is concerned, it can be said without doubt, that this

will be of some help only for suggesting law reform.

However, there are people who are of the opinion that this

kind of research may be applied in the field of law as well.


The most difficult aspect of this kind of research is the

collection and examination of statistics. It is a

specialized function. A person having no knowledge of

statistical activity; cannot undertake this kind of

research. However, in limited areas requiring simple

statistics, this process may be applied, e.g., in the area

of land reform; disposal of pending cases by the court

enhancement in wages, and other monetary benefits etc.,

In order to collect statistics, field research in the

form of sample survey , opinion polls, questionnaires etc is

conducted and it can be conducted efficiency only by a

qualified person with an aptitude for research and having

professional training and legal knowledge. In case, the

person conducting statistical research has no legal

knowledge, the involvement of persons from the area of law

is must as it facilitates the smooth conduct of the work for

the purposes of law reform. Since law is a behavioural

science, therefore statistical research should be applied

with caution and only where it is necessary to do so.

3. Critical research:

As we know that the objective of legal research is not

only to propose suggestions for legal reform. It may be

carried on for many other purposes as well. Where, however,

the object of research is only to indicate in which way it

is to be carried on, such a research is termed as critical

research because in such cases the objective is to ascertain

a common principle or norm and hence, it is also termed as


‘normative research’ . In this kind of research gathered

material is thoroughly examined and a common thread is

ascertained which ultimately becomes the basic norm.

For the purposes of critical research, the necessary

material is obtained from codified law, judicial

observations and pronouncements and academic Writings. In

matters of critical research, public opinion also plays an

important role and public opinion must be ascertained in a

proper manner.

4. Quantitative and Qualitative Research:

Quantitative research is based on the measurement of

quantity or amount. It is applicable to a phenomenon that

can be expressed in terms of quantity. It is systematic

scientific investigation of quantitative properties of a

phenomenon and their inter-relation. The objective of

quantitative research is to develop and employ mathematical

models, theories and hypotheses pertaining to the phenomenon

under inquiry. The process of measurement, thus, is central

to quantitative research because it provides fundamental

connection between empirical observation and mathematical

expression of quantitative relationship.

Qualitative research, on the other hand, is concerned

with qualitative phenomenon, i.e. phenomenon relating to or

involving quality or kind. For example, when a researcher is

interested in investigating the reasons for, or motives


behind, certain human behavior, say why people think or do

certain things, or in investing their attitudes towards, or

opinions about, a particular subject or institution, say

adultery or judiciary, his research becomes qualitative

research. Unlike quantitative research, qualitative research

relies on reason behind various aspects of behavior.

(g) CASE LAW ANALYSIS:

In the case-law method of research much creativity goes

on is shown by Cardozo in his work, The Nature of the Judicial

Process. His thesis is that law or legal propositions are not

final or absolute but are in the state of becoming. He

quotes Munroe Smith:

The rules and principles of case law have never been

treated as final truths, but as working hypotheses,

continually retested in those great laboratories of the law,

the courts of justice. Every new case is an experiment; and

if the accepted rule which seems applicable yields a result

which felt to be unjust, the rule is reconsidered. It may

not be modified at once, for the attempt to do absolute

justice in every single case would make the development and

maintenance of general rules impossible; but if a rule

continues to work injustice, it will eventually be

reformulated. The principles themselves are continually

retested; for if the rules derived from a principle do not

work well, the principle itself must ultimately be re-

examined39.


‘Case-Law’ consists of rules and principles stated and

acted upon by the Judges in giving decisions. Like English

Law, Indian Law also is largely a system of Case Law. That

is the decision in a particular case constitutes ‘Precedent’.

According to the ‘Doctrine of Precedent’ it is not everything said

by a Judge, when giving judgement that constitutes

precedent. But only the reason of the decision given in the

judgement constitutes precedent. So the reason stated in the

judgement of an appeal case becomes a necessary subject

matter of inquiry and analysis by a lawyer. This requires

identification of the most important parts of the

judgement40. They are:

39. Quoted in The Nature of the Judicial Process 23 (1921)

40. Shipra Agarwal, Legal Research Methodology, 1st Edn. 2003

Published by Sri Sai Law Publications, Haryana

(1) A statement of the significant facts of the

dispute before the court – the facts that are necessary

to an understanding of the dispute and of the court’s

decision, those that influenced the court’s reasoning

and decision.

(2) A statement of a relevant procedural details such

as the explanation of the legal nature of the

controversy and of the remedy sought,. The actions and

the ruling of the lower court.

(3) A statement of narrow legal question or issue(s)

that the appellate court was asked to resolve.


(4) A brief statement of the Appellate Court’s

decision, both procedural and substantive.

(5) An explanation of court’s reasoning in reaching

its decision.

In modern times, case-law based research is concerned to a

very large extent with considerations of social value,

social policy and the social utility of law and any legal

proposition. It is naive to think that the task of a

doctrinal researcher is merely mechanical – a simple

application of a clear precedent or statutory provision to

the problem in hand, or dry deductive logic to solve a new

problem. He may look for his value premises in the statutory

provisions, cases, history in his own rationality and

meaning of justice. He knows that there are several

alternative solutions to a problem (even this applies to a

lawyer who is arguing a case before a court or an

administrative authority) and that he has to adopt one which

achieves the best interests of the society. The judges

always unconsciously or without admitting think of the

social utility of their decisions, but cases are also not

infrequent when the Indian Supreme Court has consciously and

deliberately incorporated social values in the process of

its reasoning. To take a few examples here, in Bengal Immunity

Co. v. State of Bihar, 41 the court, while overruling State of Bombay v.

United Motors, 42 stated:

All big traders will have to get themselves registered

in each State, study the Sales Tax Acts of each State,

conform to the requirements of all State laws which are


by no means uniform and, finally, may be simultaneously

called upon to produce their books of account in support

of their returns before the officers of each State.

Anybody who has any practical experience of the working

of the sales tax laws of the different

41. AIR 1955 SC 661

42. AIR 1953 SC 252

States knows how long books are detained by officers of

each State during assessment proceedings.... The

harassment to traders is quite obvious and needs no

exaggeration.

In Jyoti Pershad v. Union Territory of Delhi , 43 the Supreme Court

observed:

The criteria for determining the degree of restriction on

the right to hold property which would be considered

reasonable, are by no means fixed or static, but must

obviously vary from age to age and be related to the

adjustments necessary to solve the problems which

communities face from time to time.... lf law failed to take

account of unusual situations of pressing urgency arising in

the country, and of the social urges generated by the

patterns of thought-evolution and of social consciousness

which we witness in the second half of this century, it

would have to be written down as having failed in the very

purpose of its existence.... In the construction of such

laws and particularly in judging of their validity the


Courts have necessarily to approach it from the point of

view of furthering the social interest which it is the

purpose of the legislation to promote, for the courts are

not, in these matters, functioning as it were in vacuo, but

as parts of a society which is trying, by enacted law, to

solve its problems and achieve social concord and peaceful

adjustment and thus furthering the ,moral and material

progress of the community as a whole.

In the famous Golak Nath v. State of Punjab , 44 Subba Rao, C.J.,

said:

But, having regard to the past history of our country. it

could not implicitly believe the representatives of the

people, for uncontrolled and unrestricted power might lead

to an authoritarian State lt. therefore, preserves the

natural rights against the State encroachment and

constitutes the higher judiciary of the State as the

sentinel of the said rights and the balancing wheel between

the rights, subject to social control.

The court’s concern with social justice is depicted

forcefully in following observations of Bhagwati, J., in

Kanwarlal v. Amarnath45

This produces anti-democratic effects in that a political

party or individual backed by the affluent and wealthy

would be able to secure a greater representation than a

political party in or individual who is without any links

with affluence or wealth. This

43. AIR 1961 SC 1602


44. AIR 1967 SC 1643

45. AIR 1975 SC 308

Would result in serious discrimination between one

political party or individual and another on the basis of

money power, and that in its turn would mean that “some

voters are denied an 'equal' voice and some candidates

are denied an ‘equal Chance’”. The democratic process can

function efficiently and effectively for the benefit of

the common good and reach out of the benefits of self

government to the common man only if it brings about a

participatory democracy in which every an, however lowly

or humble he may be, should be able to participate on a

footing of equality with others. Individuals with

grievances, men and women with ideas and vision are the

sources of any society’s power to improve itself.

(h) ORAL ADVOCACY:

1. What Should You Try To Accomplish With Oral Argument ?

A. Don’t just repeat your brief. Use the medium of personal

argument to accomplish things you cannot do with a written

brief:

1. Be more personal and interactive -- have a

conversation with the court about the case.

2. Be more graphic -- use more personal language.

B. Address and resolve the court’s concerns about the case

C. Create a mood/theme that makes it easier for the court to

accept you theory of defense.

1. Don’t just repeat your legal theory.


2. Make the fairness of reversal the keystone of your

argument.

3. Show the court in human terms why it is right for

them to rule in your favour.

a. Develop the emotional theme that will make the

court feel good about reversing.

b. Use the most important facts of your case to

reinforce your emotional theme.

FREQUENTLY ASKED QUESTION:

Appellate judges always say that they don’t want us to

talk about the facts and they don’t want us to make

emotional arguments?

ANSWER TO FAQ:

Sure they say that. They learned that in the same law

school classes we did. But judges are notoriously unaware of

what persuades them. And judges, like everyone else, are

persuaded by factual arguments with honest emotional impact.

Remember, every time we lose a case on “harmless error” or

“no preservation” grounds, the court is really telling us

that regardless of the legal issues, they don’t think it is

fair to reverse our client’s conviction. We win a lot more

cases when we convince the court that reversing is the fair

thing to do. And fairness is a factual and emotional

argument -- not a legal doctrine.

2. Components of a Successful Oral Argument

A. The First 30 Seconds -- The Most Important Part of Your

Argument


The first 30 seconds of your argument will set the tone

for everything that follows. If you don’t use that time to

define what the case is about, the court will jump in with

questions about whatever they think is important. Then you

will be stuck spending the entire argument discussing issues

defined by the court. Even worse, if you don’t immediately

establish the grounds for the argument, the court might sit

quietly and wait for the prosecution to tell them what the

case is really about.

The beginning of your argument is an opportunity to

define the turf on which the entire battle will be fought.

Be sure to use it that way.

1. Start by telling the court what went wrong at trial.

Why was the conviction unfair?

a. Be direct

b. Be factual

c. Be graphic

d. Be concise

If after the first thirty seconds of your argument, the

court does not know exactly why you should win the case –

you have do, re-do those first thirty seconds.

2. Don’t waste time by starting your argument with

empty formalisms:

EX: My name is; my client’s name is; my client was

convicted of ____; he was sentenced to ____.

B. After Your Opening, Get to the Point of Your Argument

Quickly


1. Decide what is important -- you don’t have to

include everything that was in your brief.

2. Address the issues you need to win.

a. Don’t run away from the tough issues.

b. If preservation or harmlessness is an issue,

but sure to address it.

3. Be sure to support your legal argument with facts.

Remember -- in most cases, there is no real controversy over

the law -- everyone agrees about what the law is -- the only

controversy is over how the law applies to the facts of your

case.

C. Don’t Take Impossible Positions

1. If there are unpleasant facts or legal doctrines

that you can’t get around, then don‘t destroy your

credibility by taking an impossible position.

2. Be sure to prepare your argument by deciding what

law and facts you can’t avoid, and figuring out how to

distinguish them.

3. Try to prepare answers in advance for the tough

questions you know you will be getting.

D. Use clear, graphic, descriptive language.

1. No legalese.

2. Don’t talk like a cop.

3. Answering Questions from the Court

A. Always prepare by doing a moot court.


The importance of a moot cannot be overstated. Moot

courts will almost always expose the weaknesses in your

argument, and help you prepare good answers to the most

difficult questions. A moot will also give you a good idea

of what parts of your argument are working, and what parts

could be made more persuasive. Virtually every oral argument

disaster comes in a case where the lawyer did not bother to

do a moot court.

B. Answer all questions directly.

1. The first word out of your mouth should be either

“yes” or “no.” It is essential to give the court the

impression that you are directly answering the

question. Otherwise the judges will keep asking that

same question over and over, and you will not be able

to get on with your argument.

2. After answering “yes” or “no,” elaborate or explain

your answer.

3. Always end an answer by looping back to what you

want to be talking about.

a. Your theory of defense.

b. Your emotional theme.

The idea of “looping back” to your theory and theme at

the end of an answer is probably the most critical skill to

develop when answering questions. If you can do this

successfully, you will control the subject that is discussed

after you finish answering the question, and you can have


the court spend most of its time thinking and talking about

those aspects of the case that you think are most important.

C. Answer hypothetical questions directly.

1. Never say, “that isn’t our case.” The court knows

this.

2. Don’t be thrown off by the stupidity of the

hypothetical.

3. Answer the hypothetical in a way that is consistent

with winning your case.

4. Don’t be afraid to agree with the questioning judge

on aspects of the hypothetical that don’t hurt your

case.

5. Remember that it’s OK to point out that the

hypothetical is based on a faulty premise.

4. Rebuttal Argument

A. Don’t use this as a game of “last tag.”

Only rebut if there was something in the State’s

argument that you believe should be answered. For example:

1. Material misstatements of fact.

2. Material misstatements of law.

3. An argument for which you have a clear, strong

refutation.

4. The prosecutor falsely accuses you of misconduct.

B. Only use rebuttal on subjects that are important to the

case.


C. Keep it short and focused on the prosecutor’s statement

that you are rebutting.

D. If possible, quote the record as the source of your

rebuttal.

E. Don’t personalize it.

5. Demeanour during Argument

A. Never be subservient.

The goal of oral argument is to establish a

conversation about your case with the court. This can only

be done if you approach the court as an equal partner in the

conversation. If you grovel, the court has no reason to

respect you or accept your arguments as the thoughts of an

equal.

1. Be respectful, but not overly deferential.

2. Only flatter the court when they earn it.

B. ALWAYS BE HONEST AND STRAIGHTFORWARD WITH THE COURT

1. Don’t euphemize, sugar-coat or minimize the crime.

NOTE: You can minimize the impact of the crime facts by being

straight forward, but using dull language.

2. Answer all questions directly.

3. ANSWER ALL QUESTIONS HONESTLY

4. Show some class. Don’t make personal attacks on the

prosecutor or trial judge.


******

CONCLUSION

It is obvious to elucidate that ‘Legal

Research’ plays very vital role in the

enactment of new statutes meant for Socio-

Legal development and enforcement and

refining the society from all the social

evils. Legal research, Infact, paves way


for the students of law, the scholars, who

involve and dedicate their part in the

development of new ideas and concepts for

their vital support to the legislators to

acquaint with and then to enact them as new

law for the betterment of the society and

the Nation as a whole. Through the

intensive study made on the subject, I am

of the firm view that the instant

presentation would become a little source

in enlighting the study and frame work on

legal research and the New Generation to

meet the new golden era in law.


CASE LAWS CITED:

S.No.

Case Law Journal & PgNo.

Referred in PgNo.

1. P. Rathinam NagbhooshanPatnaik v. Union of India andanother

AIR 1994 Pg.1844

08

2. Gian Kaur v. State of Punjab (1996) 2 SCC448

09

3. P.Rathinam v. Union of India (1994) 3 SCC394

09

4. Sri Shankeri Prasad Singh Deo Vs. Union of India (UOI) and State of Bihar

AIR 1951 S.C.458

10

5. Sajjan Singh v. State Of Rajasthan

AIR 1965S.C.845

10

6. I.C.Golaknath and ors. v.State of Punjab and Anrs.

AIR 1967S.C.1643

10, 24

7. His Holiness KesavanandaBharati Sripadagalvaru andOrs. v. State of Kerala andAnr.

AIR 1973S.C.1461

10

8. A.K.Gopalan v. State of Madras AIR 1950S.C.27

10

9. Menaka Gandhi v. Union ofIndia

AIR 1978S.C.597

10

10. Jagmohan Singh v. UttarPradesh

AIR 1973 S.C.947

10

http://indiankanoon.org/doc/1308308/

http://indiankanoon.org/doc/1308308/


11. Triveniben v. state of Gujarat AIR 1989 S.C.142

10

12. Bengal Immunity Co. v. Stateof Bihar

AIR 1955S.C.661

23

13. State of Bombay v. UnitedMotors

AIR 1953S.C.252

23

14. Jyoti Pershad v. UnionTerritory of Delhi

AIR 1961SC.1602

24

15. Kanwarlal v. Amarnath AIR 1975 SC.308

24


BOOKS REFERRED:

1) Legal Education and Research Methodology by Dr. Mono Purohit,

Central Law Publications

2) Sir William Holdsworth, A History of English Law, Vol. XIII at

125 (1966 reprint).

3) Edward.S.Crowin, The Constitution and What it means Today,

Preface at V (12th Edition, 1958)

4) P.M.Bakshi, Legal Research and Law Reform, ILI, First Reprint

2006.

5) Prof (Dr.) Kushal Vibhute & Filipos Aynalem, Legal

Research Methods, 2009

6) S.N.Jain, Doctrinal and Non-Doctrinal Legal Research, 14 J ILI

487 (1972)

7) Benjamin Cardozo, The Nature of Judicial Process, 23 (1921)

8) N.D.Grundstein: Administrative Law and the Behavioural

and Management Sciences, 17th Journal of Legal

Education – 122 (1964 – 65)

9) Roscoe Pound, Jurisprudence, vol. 1-3 (St. Paul, Minn.,

West Publishing Co., USA).

10) M.D.A .Freeman, Lloyd’s Introduction to Jurisprudence (Sweet &

Maxwell, London, 6th edn, 1994), chap 7: Sociological

Jurisprudence and the Sociology of Law.

11) International Legal Center, Law and Development, 10, (New

York, 1974)

12) Vilhelm Aubert (Ed.), Sociology of Law 9 (1969)

13) Upendra Baxi, Socio-Legal Research in India: A Programs rift 7

(ICSSR, 1975)


14) M.P.Jain and S.N.Jain, Principles of Administrative Law 363 (1973)

15) Kelsen, General Theory of Law and State 7 (1961)

16) K.C.Davis, “Behavioral Science and Administrative Law”,

17 J. Legal Ed. 137 (1964-1965)

17) Ernest M Jones, Some Current Trends in Legal Research

18) Pauline V Young, Scientific Social Surveys and Research,

(Prentice-Hall of India, New Delhi, 4th edn, 1968),

19) Kierkegaard, (2007) in E-Contract Formation: U.S. and E.U.

Perspective

20) Pure Economic Loss in Europe, Bussani and Palmer, 2003

21) Hanson, Sharon, Legal Method and Reasoning (London:

Cavendish, 2003) pp. 215-268

22) Shipra Agarwal, Legal Research Methodology, 1st Edn. 2003,

Published by Sri Sai Law Publications, Haryana

LEXICANS REFERRED:

(1) P. Ramanatha Aiyar, Concise Law Dictionary, Wadhwa

Nagpur, 3rd Edn. (Reprint 2008.)

(2) Wharton, Concise Law Dictionary, Universal Law

Publishing Co., 15th Edn. (2009)

(3) Black’s Law Dictionary

STATUTES REFERRED:

(1) The Constitution of India

(2) The Indian Penal Code, 1860

(3) The Code of Criminal Procedure, 1973


JOURNALS REFERRED:

(1) All India Reporter (A.I.R)

(2) Supreme Court Cases (SCC)

(3) Madras Law Journal (MLJ)

WEBSITES REFERRED:

(1) www.indiakanoon.org

(2) www.lawteacher.net

(3) www.lawyersclub.com

(4) www.ebc-india.com

(5) www.chilot.wordpress.com

(6) www.aallnet.org

(7) www.law.auckland.ac.nz

(8) researchguides.library.yorku.ca

(9) www.manupatra.co.in

(10) legalresearchprinciples.pbworks.com

(11) sociolegaldcu.wordpress.com

ARTICLES REFERRED:

(1) Jan BM Vranken, Methodology of Legal Doctrinal Research:

A Comment on Westerman.

(2) Narendra Man Shrestha, Importance of Legal Research

Method for Legal Professionals.

http://www.manupatra.co.in/

http://www.law.auckland.ac.nz/

http://www.aallnet.org/

http://www.chilot.wordpress.com/


(3) Aleksander Peczenik, Legal Research and Growth of

Science.

(4) Clinch, Peter (2001) Using a law library: a

student's guide to legal research skills. London,

Blackstone Press. 340.07042 CLI.

(5) Finch, E. and Fafinski, S. (2011) Legal skills.

Oxford, Oxford University Press. 340.0711.

(6) A Practitioner’s Guide to Effective Oral Advocacy

Before the Michigan Supreme Court With Special Tips from

Benjamin Franklin By Mary Massaron Ross.

(7) Persuasive Oral Argument, Ira Mickenberg, Public

Defender Trainer and Consultant.

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