Вы находитесь на странице: 1из 41

Types of Legal Research needed for Law Reform by


Page 1 of 41


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 its


Types of Legal Research needed for Law Reform by


Page 2 of 41

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
The Websters 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.

Types of Legal Research needed for Law Reform by


Page 3 of 41

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
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.
Any systematic investigation, inquiry or search for information is
research. Systematic investigation of problems and matters concerned with
law is Legal Research.

Types of Legal Research needed for Law Reform by


Page 4 of 41

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.
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.



Historical Research,
Doctrinal Research (or) Traditional Research,
Non-Doctrinal (or) Socio-Legal (or) Empirical Research,
Comparative Research,
Induction and Deduction Research,
Other Kinds of Research,
Case Law Analysis,
Oral Advocacy.


Types of Legal Research needed for Law Reform by


Page 5 of 41

Historical Research means Finding out the previous law in order to

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

Types of Legal Research needed for Law Reform by


Page 6 of 41

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
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)

Types of Legal Research needed for Law Reform by

Page 7 of 41


Notwithstanding Benthams 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








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
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

Types of Legal Research needed for Law Reform by


Page 8 of 41

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
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 involvers 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:

Types of Legal Research needed for Law Reform by

Page 9 of 41


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








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
The two most important examples of traditional research are the Law
of Torts and Administrative law. These two areas of law have


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 Cardozo 8 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 Patnaiks 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

Types of Legal Research needed for Law Reform by


Page 10 of 41

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
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

Types of Legal Research needed for Law Reform by


Page 11 of 41

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 flexible 13.
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)

Types of Legal Research needed for Law Reform by


Page 12 of 41

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


and Sajjan Singhs 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.Gopalans 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.Gopalans 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.

Types of Legal Research needed for Law Reform by


Page 13 of 41

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
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:

Statutory materials,
Case reports,
Standard textbooks and reference books,
Legal periodicals,

Types of Legal Research needed for Law Reform by

Page 14 of 41


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.


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.







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

Types of Legal Research needed for Law Reform by


Page 15 of 41

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

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, Lloyds 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.

Types of Legal Research needed for Law Reform by


Page 16 of 41

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

Types of Legal Research needed for Law Reform by


Page 17 of 41

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
ones 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

Types of Legal Research needed for Law Reform by


Page 18 of 41

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
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 decisionmaking 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
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

Types of Legal Research needed for Law Reform by


Page 19 of 41

some instances the stating of the theories in testable form) has been

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

29. K.C.Davis, Behavioral Science and Administrative Law, 17 J. Legal Ed. 137 (19641965)
30. Ibid

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


It lays down a different and lesser emphasis upon legal doctrines and


It seeks answers to a variety of broader questions,
It is not anchored exclusively to appellate case reports and other


traditional legal sources for its data, and

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.

Types of Legal Research needed for Law Reform by


Page 20 of 41

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


Interview guide,
Observation, participant or non-participant, and
Published or unpublished materials (such as Census Reports, 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
(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.
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

Types of Legal Research needed for Law Reform by

Page 21 of 41


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


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 Shariah 37 in comparison to civil
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.

Types of Legal Research needed for Law Reform by

Page 22 of 41


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
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
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
Shariah is only applicable to Muslims.


Induction and deduction

Types of Legal Research needed for Law Reform by

Page 23 of 41



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


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


Types of Legal Research needed for Law Reform by


Page 24 of 41

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:

Types of Legal Research needed for Law Reform by


Page 25 of 41

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

Types of Legal Research needed for Law Reform by


Page 26 of 41

academic Writings. In matters of critical research, public opinion also plays

an important role and public opinion must be ascertained in a proper
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.
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

Types of Legal Research needed for Law Reform by


Page 27 of 41

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 reexamined39.
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 courts decision, those that influenced the courts reasoning and
(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 Courts decision, both procedural
and substantive.

Types of Legal Research needed for Law Reform by


Page 28 of 41

(5) An explanation of courts 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:

Types of Legal Research needed for Law Reform by


Page 29 of 41

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 courts 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

Types of Legal Research needed for Law Reform by


Page 30 of 41

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 societys power to
improve itself.
1. What Should You Try To Accomplish With Oral Argument?
A. Dont 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 courts concerns about the case
C. Create a mood/theme that makes it easier for the court to accept you
theory of defense.
1. Dont 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.

Types of Legal Research needed for Law Reform by


Page 31 of 41

Appellate judges always say that they dont want us to talk about the
facts and they dont want us to make emotional arguments?
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 dont think it is fair to reverse our clients
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 dont 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 dont 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

Types of Legal Research needed for Law Reform by


Page 32 of 41

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. Dont waste time by starting your argument with empty
EX: My name is; my clients 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 dont have to include everything
that was in your brief.
2. Address the issues you need to win.
a. Dont 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. Dont Take Impossible Positions
1. If there are unpleasant facts or legal doctrines that you cant get
around, then dont destroy your credibility by taking an impossible
2. Be sure to prepare your argument by deciding what law and facts
you cant 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.

Types of Legal Research needed for Law Reform by


Page 33 of 41

2. Dont 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.

Types of Legal Research needed for Law Reform by


Page 34 of 41

1. Never say, that isnt our case. The court knows this.
2. Dont be thrown off by the stupidity of the hypothetical.
3. Answer the hypothetical in a way that is consistent with winning
your case.
4. Dont be afraid to agree with the questioning judge on aspects of
the hypothetical that dont hurt your case.
5. Remember that its OK to point out that the hypothetical is based
on a faulty premise.
4. Rebuttal Argument
A. Dont use this as a game of last tag.
Only rebut if there was something in the States 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 prosecutors statement that you are
D. If possible, quote the record as the source of your rebuttal.
E. Dont 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

Types of Legal Research needed for Law Reform by


Page 35 of 41

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.
1. Dont 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.
4. Show some class. Dont make personal attacks on the prosecutor
or trial judge.

Types of Legal Research needed for Law Reform by


Page 36 of 41

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.

Types of Legal Research needed for Law Reform by


Page 37 of 41



Case Law

Journal & Pg No.

in Pg No.


P. Rathinam Nagbhooshan Patnaik v. Union

of India and another

AIR 1994 Pg. 1844



Gian Kaur v. State of Punjab

(1996) 2 SCC 448



P.Rathinam v. Union of India

(1994) 3 SCC 394



Sri Shankeri Prasad Singh Deo Vs. Union of

India (UOI) and State of Bihar

AIR 1951 S.C. 458



Sajjan Singh v. State Of Rajasthan

AIR 1965 S.C.845



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

and Anrs.

AIR 1967 S.C.1643

10, 24


Sripadagalvaru and Ors. v. State of Kerala
and Anr.

AIR 1973 S.C.1461



A.K.Gopalan v. State of Madras

AIR 1950 S.C.27



Menaka Gandhi v. Union of India

AIR 1978 S.C.597



Jagmohan Singh v. Uttar Pradesh

AIR 1973 S.C. 947



Triveniben v. state of Gujarat

AIR 1989 S.C. 142



Bengal Immunity Co. v. State of Bihar

AIR 1955 S.C.661



State of Bombay v. United Motors

AIR 1953 S.C.252



Jyoti Pershad v. Union Territory of Delhi

AIR 1961 SC.1602



Kanwarlal v. Amarnath

AIR 1975 SC. 308


Types of Legal Research needed for Law Reform by


Page 38 of 41

Types of Legal Research needed for Law Reform by


Page 39 of 41


Legal Education and Research Methodology by Dr. Mono Purohit,


Central Law Publications

Sir William Holdsworth, A History of English Law, Vol. XIII at 125


(1966 reprint).
Edward.S.Crowin, The Constitution and What it means Today,


Preface at V (12th Edition, 1958)

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


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


Methods, 2009
S.N.Jain, Doctrinal and Non-Doctrinal Legal Research, 14 J ILI 487


Benjamin Cardozo, The Nature of Judicial Process, 23 (1921)
N.D.Grundstein: Administrative Law and the Behavioural and
Management Sciences, 17th Journal of Legal Education 122 (1964


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


Publishing Co., USA).

M.D.A .Freeman, Lloyds Introduction to Jurisprudence (Sweet &
Maxwell, London, 6th edn, 1994), chap 7: Sociological Jurisprudence


and the Sociology of Law.

International Legal Center, Law and Development, 10, (New York,


Vilhelm Aubert (Ed.), Sociology of Law 9 (1969)
Upendra Baxi, Socio-Legal Research in India: A Programs rift 7


(ICSSR, 1975)
M.P.Jain and S.N.Jain, Principles of Administrative Law 363 (1973)
Kelsen, General Theory of Law and State 7 (1961)
K.C.Davis, Behavioral Science and Administrative Law, 17 J.


Legal Ed. 137 (1964-1965)

Ernest M Jones, Some Current Trends in Legal Research
Pauline V Young, Scientific Social Surveys and Research, (Prentice-


Hall of India, New Delhi, 4th edn, 1968),

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


Pure Economic Loss in Europe, Bussani and Palmer, 2003
Hanson, Sharon, Legal Method and Reasoning (London: Cavendish,
2003) pp. 215-268

Types of Legal Research needed for Law Reform by



Page 40 of 41

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

Published by Sri Sai Law Publications, Haryana

(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) Blacks Law Dictionary
(1) The Constitution of India
(2) The Indian Penal Code, 1860
(3) The Code of Criminal Procedure, 1973
(1) All India Reporter (A.I.R)
(2) Supreme Court Cases (SCC)
(3) Madras Law Journal (MLJ)
(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

Types of Legal Research needed for Law Reform by


Page 41 of 41

(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.
(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 Practitioners 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.