Data and Its Importance

Introduction
Data are defined as facts, figures, information, events etc. Data are all the relevant
materials, past and present, serving as based for study and analysis.
Data used as a plural noun in English, when the singular noun is datum. Data are
obtained when a researcher records facts about some segment of socio-legal reality.
Facts collected under a problem or legal research design are presented as data. They
can be nomothetic (generalizing) or idiographic (singularising).
Blacks Law Dictionary defines data as (i) grounds whereon to proceed,
(ii) Facts from which to draw a conclusion.
Similarly,
Oxford Dictionary defines it as (i) facts or information, especially when examined and
used to find out things or to make decision:
For example:
(a) This data was collected from 50 countries.
(b) the analysis interpretation of the data
(c) raw data
(d) demographical / historical/personal data
There are two general types of data. Quantitative data is information about quantities;
that is, information that can be measured and written down with numbers. Some
examples of quantitative data are your height, your shoe size, and the length of your
fingernails. Speaking of which, it might be time to call Guinness. You've got to be
close to breaking the record.
Quatitative data are anything that can be expressed as a number, or quantified.
Examples of quantitative data are scores on achievement tests, number of hours of
study, or weight of a subject. These data may be represented by ordinal, interval or
ratio scales and lend themselves to most statistical manipulation.
Qualitative data is information about qualities; information that can't actually be
measured. Some examples of qualitative data are the softness of your skin, the grace
with which you run, and the color of your eyes. However, try telling Photoshop you
can't measure color with numbers.

Qualitative data cannot be expressed as a number. Data that represent nominal scales
such as gender, socio economic status, religious preference are usually considered to
be qualitative data.
Here's a quick look at the difference between qualitative and quantitative data.

The age of your car. (Quantitative)

The number of hairs on your knuckle. (Quantitative)

The softness of a cat. (Qualitative)

The color of the sky. (Qualitative)

The number of pennies in your pocket. (Quantitative)

Remember, if we're measuring a quantity, we're making a statement about quantitative

data. If we're describing qualities, we're making a statement about qualitative data.
Keep your L's and N's together and it shouldn't be too tough to keep straight.
Overview:

Overview:

Deals with descriptions.

Deals with numbers.

Data can be observed but not measured.

Data which can be measured.

Colors, textures, smells, tastes, appearance,

Length, height, area, volume, weight, speed,

beauty, etc.

time, temperature, humidity, sound levels,

cost, members, ages, etc.

Qualitative Quality

Quantitative Quantity

Qualitative Data
Qualitative data is extremely varied in nature. It includes virtually any information
that can be captured that is not numerical in nature. Here are some of the major
categories or types:

In-Depth Interviews

In-Depth Interviews include both individual interviews (e.g., one-on-one) as well as

"group" interviews (including focus groups). The data can be recorded in a wide
variety of ways including stenography, audio recording, video recording or written
notes. In depth interviews differ from direct observation primarily in the nature of the
interaction. In interviews it is assumed that there is a questioner and one or more
interviewees. The purpose of the interview is to probe the ideas of the interviewees
about the phenomenon of interest.

Direct Observation

Direct observation is meant very broadly here. It differs from interviewing in that the
observer does not actively query the respondent. It can include everything from field
research where one lives in another context or culture for a period of time to
photographs that illustrate some aspect of the phenomenon. The data can be recorded
in many of the same ways as interviews (stenography, audio, video ) and through
pictures, photos or drawings (e.g., those courtroom drawings of witnesses are a form
of direct observation).

Written Documents

Usually this refers to existing documents (as opposed transcripts of interviews

conducted for the research). It can include newspapers, magazines, books, websites,
memos, transcripts of conversations, annual reports, and so on. Usually written
documents are analyzed with some form of content analysis.
Methods of collecting qualitative data
Data collection approaches for qualitative research usually involves:
1.

Direct interaction with individuals on a one to one basis

2.

Or direct interaction with individuals in a group setting

Qualitative research data collection methods are time consuming, therefore data is
usually collected from a smaller sample than would be the case for quantitative
approaches - therefore this makes qualitative research more expensive.
The benefits of the qualitative approach is that the information is richer and has a
deeper insight into the phenomenon under study
The main methods for collecting qualitative data are:
1.

Individual interviews

2.

Focus groups

3.

Observations

4.

Action Research

On the Basis of Data Collection

There are two types of data. They are:
i) Primary data
ii) Secondary data

Primary data
It is also called field source or internal sources of data. It is original
information collected for the first time. The data is collected directly from the
subjects. This primary sources can again be sub-divided into: a) direct primary and b)
indirect primary
a) Direct primary sources:
The researcher personally goes and observes events, things, behavior,
activities and so on. He/she has to display great skill and objectivity. Direct
observation is the best, but difficult.
b) Indirect primary sources:
As the researcher can not observe things which occurred long back, he needs
to contact those personal who have made observations relevant to his research. This
can be done through interviews, questionnaires or schedule. The primary data once
collected will become data for others.

ii) Secondary or External Source of Data

This information is obtained from outside either from a published source or from
someone else, who has already worked on the subject. They save a researcher the
labour of collecting data again and preventing unnecessary expenditure. They can be
broadly divided into two types: a) personal documents, and b) published documents
i)

Personal Documents consist of life historical, diaries, letters, memories.

ii)

Public Documents come from public

bodies, government and private

organizations. The secondary materials of law possess only a persuasive

value, but not authoritative value.
Collection of data is regarded as fascinating phase of a research. Through the
collection of information, the researcher begins to feel the actual excitement of
research. A researcher can either collect data himself or rely on others for their
collected data and information available with them. In both cases, there is a great need
for data of high quality. The selection of data requires great skill and experience.
Data in socio-legal studies, as in other sciences, are based on our sense-observations.
While deciding about the method of data collection to be used for the study, the
researcher should keep in mind two types of data that is primary and secondary. The
primary data are those which are collected afresh and for the first time, and their
happen to be original in character. On the other hand, the secondary data are those
which have already been collected by someone else and which have already been
passed through the statistical process.

Sources of Legal Data

The sources of legal data can be classified on several grounds, such as, reliability,
personal efforts, availability and so on. On the basis of reliability. They may be
broadly divided into two categories: primary, and secondary. Some divided the
sources into documentary source and field sources. Lundberg classified them as
historical sources and field sources.
Primary sources of Law for Legal Studies:
The primary sources of law are those authoritative records of law which are made of
law-making bodies. The law which comes through the legal sources may be divided
into the following classes:
i) Enacted law, having its sources in legislation.

The supreme legislation is made by the sovereign power of the nation. In democratic
countries, parliament is sovereign. But there may be certain constitutional restrictions
upon its power.
ii) Case law, having its source in precedent.
Precedent is defined as a previous instance or case which is or may be taken as an
example of rule for subsequent cases, or by which some similar act or circumstances
may be supported or justified. In the judicial field it means the guidance or authority
of past decisions for future cases.
iii) Customary law, having its sources in custom
Customs are the most important sources of law. They have been recognized by the
courts and have become a part of the law of the land. They are enforced by the courts.
iv) Conventional law, having its sources in agreement.
The conventional law are those customs which govern the parties to an
agreement. Parties agree to them. Such customs are binding not due to any legal
authority independently possessed by them, but because it has been the contract
between the parties to it.
v) Statutory interpretation
The law which comes into being through legislation is called enacted or statute
law. It is for the courts to apply these formulas to specific cases. The court has to
ascertain the meaning of the letters and expressions of the enactment for its
application.
vi) Codification
Codification means promulgation, compilation, collection and systematization
of the body of law in a coherent from by an authority in a state competent to do so.
There are the civil procedure code, the criminal procedure code etc.

Secondary Sources of Law

It is also called documentary sources of data for legal studies. Data can be
made available from different sources. They are as follows:
i) Central Legislative Material in Gazettes:
Nepal is developed as a federal state. Generally, all current legislative
materials such as Bills, acts, Rules, notifications are publishes in the gazette of Nepal.

ii) Official Publication of Central Acts

Nepal Government publishes the reports of various committes and
commissions such as public services commission of Nepal.
iii) State Gazettes
The state statutes are published in the respective state gazettes.
iv) Private Publications
The privately published case reports may have a section dealing with central
as well as state legislative materials. For example: Madras Law Journal has also
published a manual known as civil court manual.
v) Departmental Publications
A few government departments do publish manuals from time to time giving
the latest rules and notifications on their respective subjects such as foreign exchange
manual.
vi) Delegated Legislation
Statutory materials concerning delegated legislation can be found in the
gazette of Nepal.
vii) Publication
The publication like constituent assembly debates etc may offer information
regarding the pre legislative discussions in the research area.
viii) Specialized Law Reported
The following are reports specialized on certain branches giving information
on specialized brances:
1) Labour law journal
2) Nepal Kanoon patrika
3) Criminal law journal
ix) Contribution of Individual Academicians such as
Indian Legal Materials (1970) by H.C. Jain published by Indian law Institute, New
Delhi.
x) Citators and Digests
They help a researcher to locate topic-wise materials such as income digest,
company law digest etc.

xi) Law Libraries

They are the workshops to the legal researchers. It is a place where books are
classified and placed in an orderly manner so as to provide easy access to the
researches.
Techniques
The techniques of data collection are of two types: census and sampling
Sampling
It refers to any systematic method of selection of a small number of people or
groups out of a larger grouping of persons. It is the procedure of selecting a limited
number of cases (samples) according to certain defined principles.
Goode and Hatt defined sample as ''a smaller representation of a large whole."
Census
When the whole area or population of person is contacted, the method is
known as census method. The type of collecting. Information from all units of a
population is usually called census method. It takes a lot of time to gather all the
required data from the whole population.

Data preparation and analysis

i) Qualitative data Analysis:
Qualitative research basically involves data in the form of words, descriptions
or narratives. The main aim of qualitative research is to ascertain opinions, attitude
behavior, or likes or dislikes, Its main purpose is to ascertain how people feel, what
they think about a certain phenomenon or why they behave in a certain way.
The main forms of qualitative research include field observation, contest
analysis, case studies and in depth interviewers. In qualitative research, the data
collected are in the form of notes or some form of textual material. The goal of data
analysis in qualitative research is to extract meaning from what the researcher has
studied what and how something happens or exists.
ii) Quantitative Data Analysis
After the questionnaire or interview responses have been obtained, the next
task of the researcher is to prepare the data for analysis. For example, the researcher
has completed a survey using 300 questionnaires, the survey is of no use because the
data in such a format are inconvenient for analysis and drawing conclusions from
them. The collected data have to be reduced, summarized and rearranged. The

researcher has to follow certain steps before the raw data are transformed into
information. The transformation of data into information requires that the data should
be edited and coded, so that they can be transferred to a computer or any other
medium such as using files for storing data.

Importance of Data
Data is an essential area of responsible research. Before starting a new
research project, the principal investigators and the research teams should address
issues related to data management. The personal documents express the inner most
feelings of the heart of the writer and at times, these documents throw light on such
aspects of life as would have been difficult to know through observation or interview.
They, generally, are more rellable both as regards the description of the subject as
well as the feelings of the writer. They contain the perfect type of socio-legal material
necessary to characterize the life of social group.
i.

They can help to save time, money and energy. There is no need to purchase
books. There is no need to go from place to place as they are available is a
library.

ii.

Data is collected periodically making the establishment of trends over time

possible.

iii.

The documentary sources does not require the cooperation of the individuals
about whom the information is desired.

iv.

There will be no scope for the bias of the investigator.

v.

Available records may be used to supplement or to check information gathered

specifically for the purpose of a given investigation.

vi.

Past events can be known from the documentary source.

vii.

They can be quoted al as authoritative.

By creating a plan for managing your data at the beginning of the project, you

save time and effort later on. Also, you are assured that the data you produce will be
preserved in a clear, useable format.

By managing your data, you will.

Meet funding agency requirements.

Protect federal investment in research and development

Expedite the scientific process, saving time and resources in the long run

Use or reuse the value, the uniqueness, and the importance of data

Ensure that research data and records are accurate, complete, authentic and
reliable

Ensure research integrity and replication

Increase research efficiency

Enhance data security and minimizes the risk of data loss

Prevent duplication of effort by enabling others to use your data.

Research data are an important and expensive output of the scholarly research

process, across all disciplines. They are an essential part of the evidence necessary to
evaluate research results and to reconstruct the events and processes leading to them.
Their value increases as they are aggregated into collections and as they become more
available for re-use to address new and challenging research questions. Without
proper organization, this value is greatly diminished.

References
C.R. Kothari, Research Methodology, Methods and Techniques.
Black's Law Dictionary.
Hornby, A.S. (2012) Oxford Advanced Learner's Dictionary. New York : OUP.
Kothari, C.R. (1996), Research Methodology of Research, Methods and Techniques.
Delhi : Wishwa Prakashan.
Myneni, Dr. S.R. (2009), Legal Research Methodology. Allahbad : Law Agency
India.
www.shmoop.com/pro
www.social research method.com