Research Methodology
LL.M. · 12 topics in 4 units
Unit I 4 topics
- Legal research: meaning, objectives and kindsWhat research is and what makes it legal research; pure and applied, descriptive and analytical, historical, comparative and policy research; the Pearce typology; and why the analytical method matters to an LL.M. dissertation.7 min
- Reflective thinking and the scientific method in legal researchDewey's five phases of reflective thought, induction and deduction, Popper's falsifiability, the steps of the scientific method, and how far law can be studied scientifically.6 min
- Doctrinal legal research: working, merits and limitsThe library method of legal research: its sources, its working step by step, the reading of precedent, its merits, the realist and socio-legal criticism, and how it combines with empirical work.6 min
- Empirical and socio-legal research; qualitative and quantitative methodsLaw in action: the realist and sociological roots of empirical legal research, its Indian practitioners and uses, the distinction between qualitative and quantitative methods, and mixed-method design.5 min
Unit II 3 topics
- The research problem, review of literature and hypothesisChoosing and stating a research problem, the purpose of the literature review, research questions, and the hypothesis: meaning, sources, kinds, qualities, testing, and whether doctrinal research needs one.6 min
- Research design, the steps of legal research and policy researchWhat a research design is and its kinds, the major steps of a legal research project from problem to report, the synopsis, and the steps in designing policy research, with Bardach's eightfold path and India's pre-legislative consultation.5 min
- Sampling: universe, sample and sampling techniquesCensus and sample, the sampling frame, probability methods (simple random, systematic, stratified, cluster, multi-stage) and non-probability methods (convenience, purposive, quota, snowball), sample size, and sampling and non-sampling error in legal fieldwork.5 min
Unit III 3 topics
- Questionnaire and schedule; advantages of the questionnaire over the interviewKinds of questionnaire, the schedule, framing questions and scales, the pilot study, online surveys, and a point-by-point case for the questionnaire over the interview, with its limits.5 min
- The interview method of data collectionKinds of interview (structured, unstructured, focused, depth, group and focus group, telephone and online), the conduct of an interview from rapport to recording, interviewer bias, elite and prison interviews, and Prabha Dutt on access.5 min
- Observation and the case study methodParticipant and non-participant, structured and unstructured, controlled and uncontrolled observation; the Hawthorne effect; court observation; the case study method from Le Play to Yin; and secondary sources of data.5 min
Unit IV 2 topics
- Analysis of data, citation and writing the research reportProcessing and analysing data (editing, coding, tabulation, statistics, thematic analysis), interpretation and generalisation, the structure and style of a legal research report or dissertation, citation systems (OSCOLA, Bluebook, neutral citation) and the bibliography.5 min
- Plagiarism and research ethics: the UGC Regulations, 2018What plagiarism is, the UGC (Promotion of Academic Integrity and Prevention of Plagiarism) Regulations 2018 with their levels and penalties, copyright and fair dealing, and research ethics: informed consent, confidentiality, harm, fabrication and falsification, from Nuremberg and Belmont to Puttaswamy and the DPDP Act.6 min