Types of Research | Legal Research and Methods

Research methodology provides the systematic framework necessary to investigate a problem, answer a question, or test a hypothesis. When we speak of "Types of Research," we are referring to the specific methodological lenses or "modes of inquiry" through which a researcher approaches a study. In the context of legal studies, these categories act as a roadmap, guiding the investigator on whether to focus on statutory analysis, statistical trends, or the sociological impact of laws.

Understanding these distinct types is essential because legal problems are rarely one-dimensional. A robust study often requires the researcher to select a primary method, such as Doctrinal research to establish the current state of the law, while integrating secondary methods, like Empirical research, to assess how that law functions in the real world. By identifying the type of research at the outset, you ensure your project has the structural rigor needed to produce a persuasive and well-reasoned conclusion.

1. Descriptive vs. Analytical Research

This classification is based on the objective of the study, whether you are merely painting a picture or performing an autopsy on the data.

A. Descriptive Research

It describes the state of affairs as it exists. The researcher has no control over variables; they can only report what has happened or what is happening.

Answers What, Where, When, and How. It avoids the "Why" to remain objective.

Sub-types:

• Cross-Sectional: A "snapshot" of a population at one specific moment (e.g., A 2024 survey on public opinion regarding the Digital Personal Data Protection Act).
• Longitudinal: A "motion picture" following the same subjects over time (e.g., Tracking the impact of the Right to Education Act on a specific village over 10 years).

B. Analytical Research

It goes beyond description to identify the causal relationships between variables. It uses existing information to make a critical evaluation. In law, this involves analysing why a certain judgment was passed or how a specific statute affects social behaviour.

Answers Why and How.

2. Quantitative vs. Qualitative Research

Types of Data –

1. Numerical Data: - a data which can be represented in numerical form.

Example – literacy rate in a country = 90%.

2. Non – Numerical Data: - a data which is represented in words, texts, objects etc.

Example – to determine the satisfaction of employees with current rewards of country.

A. Quantitative Research

It relates with the aspects that can be quantified or can be expressed in terms of quantity. It deals with numerical data. The objective of quantitative research is to develop and employ mathematical models, theories and/or hypotheses pertaining to phenomena.

• Focus: Numerical and statistical data, facts, values and numbers and represent data in terms of graph, table and charts.
• Objective: To study cause and effect relationship.
• Data Collection: structured techniques, interviews, document reviews and observations.
• Research Type: Conclusive Research.
• Result: It recommends final course of action. It helps to make decisions.

B. Qualitative Research

It is research dealing with phenomena that are difficult or impossible to quantify mathematically, such as beliefs, meanings, attributes, and symbols. Qualitative researchers aim to gather an in-depth understanding of human behaviour and the reasons that govern such behaviour.

A research which is conducted to understand human behaviour, opinions, attitude, preferences, experience on the basis of interpretation and observation is called Qualitative Research. It deals with non – numerical data.

• Objective: To understand underlined motives and desires.
• Sampling: Sample size is small.
• Data Collection: Non-structured techniques – surveys, discussions, focus groups.
• Type: Explanatory Research.
• Result: Develops initial understanding to explore and go deep in a problem under study.
• Use: To explore new ideas, understand how people think and feel or define a problem.

3. Fundamental vs. Applied Research

This distinction is based on the utility or the end goal of the research.

A. Fundamental research

Fundamental research is driven by a scientist's curiosity or interest in a scientific question. The main motivation is to expand man's knowledge, not to create or invent something. There is no obvious commercial value to the discoveries that result from basic research. It is to increase knowledge or development of theories, models ideas and principles etc. Gathering, knowledge for the sake of knowledge. No solution to a practical problem immediately. It can be used as basis for applied research.

Example: A research paper exploring the philosophical origins of "Natural Justice" in ancient Greek versus Indian jurisprudence.

B. Applied Research

Applied research is a systematic and organized inquiry aimed at solving specific real-world problems or improving existing practices, products, or services. Unlike basic/fundamental research, which focuses on expanding general knowledge, applied research is all about using existing knowledge to address practical issues. It is about finding a solution of a problem or issue affecting the group, society or organization.

Example: Researching how to reform Indian bail laws to reduce the number of under-trial prisoners.

4. Conceptual vs. Empirical Research

Based on whether the research is grounded in thought or observation.

A. Conceptual Research

Conceptual research is defined as a methodology wherein research is conducted by observing and analysing already present information on a given topic. Conceptual research doesn’t involve conducting any practical experiments. It is related to abstract concepts or ideas. Philosophers have long used conceptual research to develop new theories or interpret existing theories in a different light.

Example: Sociology.

B. Empirical Research

It is also called Experimental Research. It is based on observed and measured phenomena, and device conclusion and knowledge from actual experience rather than from theory or belief. Conclusions are derived only from concrete and verifiable evidence.

Example: Scientific Research, test new drugs on human/ animals etc.

5. Comparative Research

The systematic study of similarities and differences between two or more legal systems, cultures, or institutions.

The "Macro" and "Micro" Level:

• Macro: Comparing entire legal systems (e.g., Common Law vs. Civil Law).
• Micro: Comparing specific legal rules (e.g., Adoptions laws in India vs. the UK).

It helps in "Law Reform" by borrowing successful models from other jurisdictions (Legal Transplant).

Steps for comparative research:

1. Understand why you are comparing.
2. Define your comparison criteria.
3. Research
4. Start the comparison
5. Write a conclusion.

You should be able to identify strength and weakness and clearly understand which product is more effective.

6. Doctrinal vs. Non-Doctrinal

A. Doctrinal Research

The Doctrinal Research is mainly a library-based study where statutes, judgments, magazines, articles, legal journal are taken into use. It asks what the law is on a particular issue. It is concerned with analysis of the legal doctrine and how it has been developed and applied.

This type of research is also known as pure theoretical or library-based research. It sources includes primary and secondary legal sources (Statutes, Precedents, Commentaries).

Example: Analysing the evolution of the "Basic Structure Doctrine" through Supreme Court judgments.

B. Non - Doctrinal Research

It emerged due to social school of law. Social school highlights about the inter relation between law and society.

Non-Doctrinal Research, also known as Socio legal research, is a legal research that employs methods taken from other disciplines to generate empirical data to answer research questions. Its sources include empirical data (Interviews, Surveys, Fieldwork).

• Merit: Provides a reality check on whether a law is actually working on the ground.
• Demerit: Highly time-consuming, expensive, and requires inter-disciplinary skills (like sociology or statistics).

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