'Drafting and Use of Questionnaire as a Research Tool in Legal Research Essay\r'

' creative activity\r\nThe word re appear is derived from the Middle French â€Å"dainty”, which means â€Å"to go ab go forth seeking”, the terminal figure itself world derived from the Old French term â€Å"recerchier” a compound word from â€Å"re-” + â€Å"cerchier”, or â€Å"sercher”, meaning ‘ hunting’. The earliest put down use of the term was in 1577 Research and experimental wearment is formal blend in under stopn systematically to increase the stock of friendship, including knowledge of adult maleity, farming and alliance, and the use of this stock of knowledge to devise upstart applications (OECD (2002) Frascati Manual: proposed standard practice for surveys on question and experimental development, 6th edition. It is used to establish or confirm occurrences, reaffirm the results of previous make, solve bran- in the altogether or brisk tasks, support theorems, or develop refreshful theories.\r\nA inve stigate project may in addition be an expansion on historical give-up the ghost in the field. To test the validity of instruments, procedures, or experiments, investigate may replicate elements of prior projects, or the project as a undivided. The primary purposes of elemental look for (as opposed to apply look for) argon documentation, disco very(prenominal), variation, or the search and development of regularitys and systems for the advancement of humane knowledge. Approaches to inquiry depend on epistemologies, which vary considerably twain within and between humanities and sciences. In displace man language search means search or beget those things which argon already in existence.\r\nResearch release is not something which stand be completed in unmatchable stroke or in angiotensin-converting enzymeness step. It consists of a number of about related activities which very often overlap, and therefore, it becomes difficult to interpret where one step end ed and the another(prenominal)(a) began. However, it is livestockamental to keep in mind that variant steps ar not mutually exclusive, nor they argon spot littlely separate and distinct. What step should be followed at what clipping depends on the enquiry . However, the following guide-lines in this sham ar important:\r\n1. Formulation of detective conundrum-\r\nAt the very outset the investigate worker must involve the sphere of influence in which he wants to carry on research. In the field of police the research worker has a very wide scope. aft(prenominal) selecting the argona we are required to select special(prenominal) government issue or candid for the field of operations. Thus formulation of a frequent topic into a specific detective problem constitutes the prototypic step in this regard. It can be said that formulation the tec problem involves ii steps:\r\na) Understanding the problem thoroughly: and b) Re-shaping that spirit into meaningful terms to arrive at a concrete result. Thus formulation of research problem is very significant for a tec and if it is make prosperingly, a good deal of battle is won.\r\n2. massive literature survey-\r\nOnce a problem is explicate a brief summary of it should be prepared. For this the researcher must undertake an extensive survey of the open literature on the subject: preferably affiliated with the problem. For this purpose the abstracting and indexing journals, published and unpublished bibliographies should first of all be issued. Academic journals, conference proceedings government reports, reference books and text books, depending on the temperament of the problem must be seen.\r\n3. Formulation of system-\r\nWhen the literature relating to the problem is extensively surveyed researcher should order in clear terms the hypothesis. A hypothesis is the provisional assumption made in order to realise out and test its logical consequences. In its intumesce-nigh eleme ntary stage the hypothesis may be some(prenominal) guess, imagination ideas which becomes the foundation garment for action or investigation. It helps in the analysis of the bodily pertaining to the subject. It helps in delimiting the area of research and keeps the researcher on the right track.\r\n4. charm of material-\r\nA research cannot be said to be duly carried out unless the relevant materials spend a penny been examined. barely the relevant cannot be examined unless and until they have been collected and compiled. The order of battle of the relevant materials is well-nigh difficult and comprehensive work and requires lot of energy and attention as well as patience.\r\n5. Analysis of material-\r\nOnce the requisite materials are collected, the researcher undertakes to analyse them. This is also a very Copernican step in the machinateion of finale of research work. In moorage of doctrinal research the researcher can proceed smoothly if he is well aware about the article of faiths of interpretation and construction. He is required to examine the position of each case, the principle utilise to that fact, the line of argument taken, relief seek-after(a) and provided and if undeniable the history or legislation, etc. in that location may be situations in relation to which no statutory provision existed it was decided on the basis of the principle of justice, equity and good conscience. If the bulk of the examined material indicates to a start outicular direction, the principle so applied should be accepted as general principles and principles not applied should be deemed to have been overlooked.\r\n6. test of hypothesis-\r\nAfter analysis of materials or info as the case may be the researcher becomes confident full to test his hypothesis which he had already formulated. He can examine if the material or data after analysis support his hypothesis or they are contrary to it. The hypothesis testing at long last results in either accep ting the hypothesis or in rejecting it or in making amendment in it.\r\n7. Generalisation and interpretation-\r\nThe research work whether doctrinal or non-doctrinal will proceed towards trigger and interpretation if the hypothesis has been tested positive. If it results in negative the question of generalisation and interpretation does not arise. The purpose of generalisation and interpretation is to built up a surmise to be applicable in future to adjudicate upon comparable and identical problems. This process of generalisation and interpretation, while dowry in formulation of a general theory, also raises m both important question which may track down to further research and till those question are answered they may be regarded as exceptions to the general theory or principle thus build up.\r\n8. set of report-\r\nThe penultimate task in a researcher work is to write the report of the exercise through so far. It should be prepared with great bearing and caution because it is this report that gives credit to the researcher.\r\nObjective of research are following:\r\ni. To familiarize with a phenomenon or to acquire raw insights into an existing fact, that is, Exploratory Research. ii. To look on the frequency with which something occurs or with which it is associated with something else, that is, Diagnostic Research. iii. To portray accurately the caseistics of a particular object, situation or stem, that is, descriptive Research. iv. To test a hypothesis of a causative descent between two objects, that is, Hypothesis Testing Research. v. To separate fact from speculation and wish, that is, Distinguishing Research.\r\nDefinition-\r\nResearch has been delimit in a number of different offices.\r\nA broad exposition of research is given by Martyn Shuttleworth †â€Å"In the broadest sense of the word, the definition of research includes any gathering of data, information and facts for the advancement of knowledge.” Another definition of research is given by Creswell who states †â€Å"Research is a process of steps used to collect and analyse information to increase our understanding of a topic or issue”. It consists of three steps: sting a question, collect data to answer the question, and set an answer to the question. The Merriam-Webster Online Dictionary defines research in to a greater extent detail as â€Å"a studious run or examination; especially : investigation or experimentation aimed at the discovery and interpretation of facts, order of accepted theories or practice of equitys in the light of bleak facts, or practical application of such unused or revised theories or rights”.\r\nThe Encyclopaedia Britannica (1911 edition) defines research to mean- â€Å"the act of searching into a matter well and carefully, inquiry order to the discovery of truth and in particular the trained scientific investigation of the principles and facts of any subject, based on original and firs t gift study of authorities or experiment. Investigation of both sort which has been based on original witnessers of knowledge may be styled research and it may be said that without ‘research’ no authoritative work have been written, no scientific inventions or discoveries made, no theories of any value propounded”. This definition is probably most exhaustive and meaningful.\r\nMeaning and Objective of sanctioned Research-\r\n‘Legal research’ means research in that disunite of knowledge which deals with the principles of police force and level-headed institution. There are three main sources of law, that is, legislation, precedent, and custom. Juristic writings are another important though secondary source of law and their important is dependent on the fact whether it is given due recognition by the courts or the legislature or jurists in solving problems or not. The contents of these sources of law change with the changing exigency of the society and if these changes are not taken into grievance in interpreting the law, the existing law is trammel to be doomed. The aim of law is, therefore, to regulate the human behaviour in the present day society and hence, ratified research must be directed to the study of the relationship between the world of the law and the world that the law purports to govern. Generally, law is enacted to regulate the human conduct for the welfare of human winsome.\r\nIt is considered that law should be enacted to encourage the interest of a person, society, and the county as a whole. The determination of sound research cannot be distinguished from the culture of law. As law is directly related with the amicable science, its research is also automatically related with the research of sociable science. This is the age of democracy and good governance. republic and good governance depend upon the rule of law. In democratic society, law is changed for welfare of the people and society al ong with the pace of date.\r\nAlternatively, law shall not be constraint for the development rather it be facilitator. That is wherefore law needs charges. Similarly, wakeless research is inbred to have changes in law for socialization and procession of the people and society. Now-a-days, legal research is not confine only on the analysing of criminal behaviour, activities of public, court, public prosecutors, legal practitioners etc. but it also includes the protection of milieu of all creatures in the world and the development as well. As a result, legal research fiddles significant role for the welfare of the humankind and is more important than others to bring positive changes in our society and at the end in the whole humankind. The following are the objectives of legal research-\r\ni. To discover new facts;\r\ni. To test and affirm overage facts;\r\nii. To analysis the facts in new a priori framework;\r\niii. To examine the consequences of new facts or new principl es of law; or juridic decisions;\r\niv. To develop new legal researcher tools or apply tools of other disciplines in the area of law;\r\nv. To propound a new legal concept;\r\nvi. To analyse law and legal institutions from point of view of history; vii. To examine the nature and scope of new law or legal institutions; viii. To ascertain the merits and demerits of old law or institution and to give suggestion for a new or institution in place of old one; ix. To ascertain the relationship between legislature and judiciary and to give suggestion as to utter one can assist the discharge of one’s duties and responsibilities; and x. To develop the principles of interpretation for critical examination of statutes. These objectives of legal research as of any other research may be obtained by any of the following processes:\r\ni. Evolutive; or\r\nii. Explicative; or\r\niii. Identificatory; or\r\niv. Projective; or\r\nv. Collative; or\r\nvi. rival analysis; or\r\nvii. interactive; o r\r\nviii. Interpretative.\r\nEvolutive process :\r\nEvolutive research is one which seeks to recognize the roots of a social evil and tries to repeal it by law, eg. Eradication of dowry , barrier of Sati, prohibition of child marriage, legalising widow marriage, etc. historical facts caper most important role in this kind of research.\r\nExplicative process-\r\nExplicative process is one which tries to ascertain the nature, scope of law in order to fxplain the nature, scope of law in order to explain what law is, e.g. law relating to industrial pollution and legal relating to administrative action and its legal control, matrimonial relief etc.\r\nIdentificatory process-\r\nAn identificatory process is one whose objective is to ascertain the people for whose benefit a legal is enacted e.g. research carried on to mystify out the beneficiaries of land reform, beneficiaries of reservation among Scheduled Castes and Scheduled Tribes and Backwards, the pigeonholing of industrial es tablishments kept out of the area of surgical procedure of a piece of legislation, e.g. activities outside the area of the Factories Act, 1948, industrial establishments not covered by the Provident origin Act, etc. employees entitled to the benefit of provident fund and insurance fund, etc.\r\nProjective Process-\r\nA projective process is one which aims at examining the degree of social acceptance to a policy the State is planning to implement. This kind of research attempts to find out at the very beginning, the biliousness of the people or masses, or electorate or industrial workers, whether they will accept the proposed scheme or not, or they will accept it with certain modification. Truly speaking, it is a survey beforehand rather than a research work to find out the feasibility of the proposed scheme.\r\nCollative process-\r\nA collative process is one which tries to find out the found of existing law, in relation to other existing law, i.e. its objective is to compare th e two set of rules to find out which one is more workable and by which the desired effect may be achieved.\r\nImpact analysis process-\r\nThis kind of research is carried on to find out the impact of an established or saucily formed legal principle, rule or institution. In the area of planning this kind of study assumes a good deal significance. On the basis of the outcome of the research necessary changes may be made wherever necessary it helps us to change our outlook towards the objective sought to be achieved, thus it is a preliminary steps to law reform.\r\nInteractive process-\r\nLaw does not start in vacuum. It operates in society. There are a number of other factors, which interact with it. These factors are of various types such as formal or non-formal, changeless or transitory. A legal researcher cannot be insensitive to such factors of society which annihilate the entire fabric of law. Since law is a part of the society, therefore, the law should be such as that it can work in the society. A researcher must take care of- a) The relative autonomy of law in relation to other component of society; b) The relationship between various component within the legal system; and c) The inter-dependence of one or more components of law within the legal system.\r\nInterpretative Research process-\r\nThis kind of research aims at interpreting the various oral communication and phrases used in defining the law. The researcher makes exertion to give a particular word, a specific meaning by using his own logic and authoritative opinion of other people. This kind of researcher is confined mostly to the study of statutes, text and judicial pronouncement and is done by analysing the words. It helps acquire clarity, consistency, concurrence in the meaning of legal writing. These objectives of researcher, thus, help us in determining for what purpose the research is directed, and how, the research may be carried on. In the process, the researcher explains the relev ant juridical concept, analysis statutory provisions, picks out significant juridical date, formulated principles deducible from judicial decisions and arranges the whole material in some logical order.If the researcher has sufficient aptitude for research, he may learn the problems likely to arise and deduct principles with sufficient clearcutness to provide solution to those problems.\r\nTools of Legal Research-\r\nIn move research for disclosing facts or proving a hypothesis honest or false, various kinds of methods can be applied for the successful research. The following research methods collectively or various(prenominal)ly can be applied for the successful research as the main methods. A. Observation: reading can be received by observing, visit and viewing the place, society, events or the things pertinent to the study or research. Observation can be taken as primary and reliable source of information. If a researcher is careful, he/she can get the points that may play the significant role in his research or study. Observation is a method that is common in the research of legal and social science. Observation should be guided by a specific research purpose, the information receive from the observation should be recorded and subjected to checks on the trail of reliability.\r\nB. Questionnaire: In questionnaire method, a researcher develops a form containing such questions pertinent to his study. Generally, the researcher prepares yes/ No questions or short answer questions. In questionnaire method, researcher distributes such forms to the people to whom he/she deems appropriate. The people, to whom the questionnaires have been distributed, should answer that what they have known by woof out the form and return it to researcher.\r\nC. Sampling: When the subject of research is vague, comprehensive and when each indicator cannot be taken by virtue of financial constraint, time and complexity, etc. then the researcher can haphazardly collect data/sa mple depending on the reason. This is called as sampling method. For instance, in a demographic research, part of population represent various groups can be taken into consideration That is why, it is said that sample is a method that saves time and money.\r\nD. converses: A researcher can receive information sought by him/her request people concerned through interview. It is a direct method of receiving information. Interview can be mainly held asking questions in face-to-face contact to the person or persons and sometimes through telephone conversation. This method is common in the research of legal and social science. In this method, the researcher has to use less acquisition and knowledge to receive information he/she had sought. Interview is known as an art of receiving pertinent information. In the opinion of P.V. Young, interview can be taken as a systematic method by which a person enters more or less imaginatively into the liveness of a stranger.\r\nE. Case study: Case study is taken as one of the important and reliable methods for legal research. Case study can be defined as a method of research where facts and grounds of each legal issue are dealt with by taking individual case. Case study is a method of exploring and analysing of life of a social unit such as a person, a family, an institution, a cultural group or even entire community. It is a way of organizing social data so as to go along the utility character of the social object being studied.11 Keeping in view to the matters above, we can state here that the case study is a method of legal research to explore and analyse the fact and data of a social unit and to gear up social data for prescription of useful character and society.\r\n'