Professional Documents
Culture Documents
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Model Answer Elements Of Research
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Introduction
The most important fact of social life is the inter dependence of men. It is true
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that a man is a social animal; for him therefore have had a sense of social
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concern. Because of this social concern there should be a close relationship
between a human being and that of the rules of law. Law for that matter lays a
strong basis for social justice. The law for that matters is a rules of action to
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which men are obliged to make their behaviour conformable, a command
enforced by sanction to acts or forbearances. However mere existence of law
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and sanction proved to be insufficient or ineffective unless there is a feeling of
social bondage. At the same time, the need of will power to enforce the law to
achieve its end.
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Law is a cement of society and also an essential medium of change. Society
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always moves very fast with certain changes of style, taste, behaviour,
character, conduct, liking, disliking etc. law acts as a central exile in a wheel to
regulate the social taste with in a confirmed social tie.
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Meaning
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What is law
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The three lettered word which rules the world – LAW. It has numerous
branches and its contents vary from one part of the world to the other. It varies
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according to the area and the specifications of the concerned area. The term law
is derived from the old teutonic LAG which means something which is fixed or
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or power acts. Law is an english word. Its corresponding word in the Hindu
system is Dharm, in Islam is hokum, in French is droit and in German is recht.
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Definition of law
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It is very difficult to give a precise definition of law because law attracts
different variable in a society. Hence though several jurists tried to define law
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right from the beginning, but no unanimity has so far been reached. Some have
defined it from the point of view of its use, its origin, as to how it exists and as
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to how pronounce it.
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The definition of law has posed problem for the jurists for long, but till now,
they have reached no uniform opinion. Some have defined it from the point of
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view of its origin, some from the point of view of its use, some from the point
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of view as to how courts pronounce it and some as to how it exists.
Law is a rule of action to which men are obliged to make their conduct
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conformable, a command enforced by some sanction to act or forbear.
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Law as defined by various jurists
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1. Austin: Law is a command which obliges a person or persons to a course
of conduct.
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2. Pound: Law is the body of principles recognized or enforced by public
and regular tribunals in the administration of justice.
3. Green : law is the system of rights and obligations which the state
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enforces.
4. Salmond: Law is the body of principles and applied by the state in the
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its spirit, the nature of system of law was a reflection of the spirit of
people who evolved it.
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Classification of law
The classification of law is a very difficult task. However it is necessary to have
a full view of it. A great caution is required while classifying the law, so as to
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avoid the missing of any system of law. Mainly there are two systems are civil
and criminal law
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1. Imperative law
A law says Austin is a command which obliges a person or persons to a
course of conduct. Imperative law means a rule, which prescribes a
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general course imposed by some authority, which enforces it by superior
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power, either by physical force or any other form of compulsion. In this
context the laws of the land that is civil and criminal laws have the
quality of law as is stated by Austin.
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a. Civil law :- It means the law of the state, the law of the land, the law
of the lawyers, and law courts. This name is derived from Jus Civile of
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the Roman. The civil law is truly speaking the law of the land. Thus it
administration of justice. LA
is the body of the principles recognized and applied by the state in the
often also any injury to a private person, who has a remedy in a civil
action it is an act of default contrary to the order, peace and well being
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harmful to the society in general, even though its immediate effect is
on an individual.
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The outcome of the successful civil proceedings result in adjustment
for damages, or a penalty or a specific performance etc. while criminal
proceedings, when successful result in one of number of punishment
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ranging from a fine to hanging.
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The punishments are looked at from two different aspects. We can
regard it as a method of protecting society by reducing the occurrence
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of criminal behaviour or else we consider it as an end it itself.
Punishment can protect society by deterring potential offenders, by
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preventing the actual offenders from committing further offences and
by reforming and by turning him into a law-abiding citizen.
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2. Laws of positive morality
Under this title the laws of a kind, which are recognized as divine or
natural law which consists of positive mortality. This type of divine
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natural law was considered so sacred at one time that if any of the
manmade rules was repugnant to the natural law, it was considered void.
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a. Natural or moral law:- The central theme of natural law is that there
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b. Law of nations or International law:- International law is the body
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of legal rules, which applies between sovereign states and such other
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entities as have been granted international personality. It is the
aggregate of rules to which nations have agreed to confirm in their
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conduct towards one another.
International law is generally divided into two types
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• Public International law:- Public International law is the body
of those rules which are uniform and universal (they apply to all
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the nations equally) in their application.
• Private International law:- It consists of those rules which are
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operative only between two or more nations due to their having
agreed to them.
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The law of nations may be classified further under different titles.
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They are-
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i. Law of peace
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v. Law of warfare
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through these rules people regulate their conduct towards each other,
e.g. International law.
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d. Customary law:- it means those rules and principles which have been
observed in a particular community in actual practice for a long time,
i.e., time immemorial, i.e., where the memory of man runneth not to
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the contrary. For those who observe them, they are law. They come
into existence due to various reasons.
3. Law of formulae:- these are rules in the form of forumulas to solve a
given problem. It has no legal status but without which a scientist or
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mathematician could not get a solution. Hence, it is a law of solution
rather than a law in its literal sense.
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a. Physical or scientific laws:- Those are the laws relating to property
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consists in itself some forces of nature, examples are the law of
gravitation, the law of tides, laws of chemical, combination etc. in all
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cases we find the law in the form of formula.
b. Practical or technical law: These are the rules observed for the
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attainment of some practical purposes and may be termed practical or
technical laws. Examples are the law of health, the laws of musical or
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poetical compositions, the laws of architecture and the rules of any art or
business.
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4. Public and private laws
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a. Private law :- has broadly defined in common law systems as the kind of
law that involves relationships between individuals. It governs those
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Companies). Thus, in judicial terms, it deals with the settling the disputes
between these private individuals. The state’s role in terms private laws is
only in terms of identifying and enforcing the laws. The areas of law that
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between people and the state. It also deals with how the state is organized
and functions, thus determining the legitimacy, scope and extent of its
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actions. Public order, along with other concepts such as welfare and
regulation are some of the ideas that they address. The state therefore,
plays and forms a large part of the subject of these laws, with it having to
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obey and abide by the same. The broad categories that public laws seem
to include are:
i. Constitutional law
ii. Administrative law
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iii. Criminal law
iv. Municipal law
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v. International law
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vi. Criminal law
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relationship, while private law is seen to regulate the relationships between
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individuals. There are often, large overlaps between these two spheres,
especially when it comes to international law where the policies of nations and
private actions interact closely.
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5. Substantive law and procedure law
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a. Substantive law :- are concerned with the ends, which the administration
of justice seeks. Thus the substantive law determines what facts constitute
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a wrong. The substantive law therefore deals with the subject- matter of
litigation. The substantive law defines remedies and rights. It also defines
the responsibility of persons in case of a commission of wrong or
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violation.
b. Procedural law:- governs the process of litigation. It is the law of action
, using the term action in a wider sense to include all legal proceedings,
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civil or criminal. Procedural law deals with the means and instruments by
which the end of justice are to be attained. Therefore these are the
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court of law.
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House of lords
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1. Queens bench division :- contract and tort etc, commercial court and
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admiralty court
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2. Chancery division :- equity and trusts, contentious probate, tax
partnerships, bankruptcy and companies court, patents court
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3. Family divison
4. County courts:- Majority of civil litigation subject to nature of the claim
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Hierarchy of criminal courts in England
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House of lords
Courts of appeal
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1. Breach of contract:- if persons enter into an agreement and any one may
fails to perform their part of the obligation under such an agreement will
result in breach of contract. A contract may be everywhere, where a
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2. Tort:- a wrong such as assault, false imprisonment, battery, conversion,
trespass, defamation of character negligence and nuisance and so on. It is
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civil wrong.
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3. Breach of trust :- A trust is not a mere obligation of honour, as the word
may seem to suggest, it is an obligation enforced by the courts.
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Hierarchy Of Courts And Its Jurisdiction
India has mono-lithic court system unlike American model of dual court system
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i.e federal and state. The judiciary in all the states in India has practically the
same structure with variations is designations. The designations of courts are
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derived principally from code of civil procedure code 1908 and the code of
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criminal procedure 1973 further embellished by local statutes. These statutes
also provide for their functions and jurisdiction. At the top of the judicial system
is the supreme court followed by High court at the state level. There are about
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21 High courts in the country and at the district level there are subordinate
court.
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Supreme court is the apex court of India was established on 28th January
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1950, under article 124(1) of the constitution. It says there shall be a supreme
court of India consisting of a chief justice of India and until parliament by law
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prescribed a larger number of not more than 7 judges. The number of judges
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now is raised to 25. The supreme court jurisdiction is remarkably broad. It has
exclusive jurisdiction in disputes between the union and a state and between one
state and another state or state exclusive jurisdiction with respect to matters
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the competence of the union as the parliament may prescribe writ jurisdiction
under article 32 of constitution, special jurisdiction to decide disputes relating to
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the election of president and vice-president of India. The supreme court is also
the highest appellate authority and its decision is final.
2. High court :- The highest court in a state is the High court constituted
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under article 214 of the constitutions which reads there shall be a High
court for each state. Each high court comprises of a chief justice and such
other judges as president appoints from time to time. The high court has
original as well as appellate jurisdiction. Each High court is a court of
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record the power to determine questions about its own jurisdiction and
the power to punish for contempt of itself. Other the supreme court high
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court is also vested the power to interpret constitution.
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3. Subordinate judiciary :- subordinate courts represent the first tier of the
entire judicial structure. As a general rule, civil cases are dealt with one
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set of hierarchy of courts known as civil courts and criminal courts by
another known as criminal courts.
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4. Criminal courts : Every state is divided into a sessions divisions and
every session division into district. The state government in consultation
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with the High court alters the limits/numbers of such division and
districts. There is only one court of sessions for every sessions division.
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In every district following courts of judicial magistrate are constituted
chief judicial magistrate, additional judicial magistrate, sub- divisional
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judicial magistrate, judicial magistrate of the 1st class, 2nd class and
special judicial magistrate. In metropolitan area (whose population
exceeds 1 million) at the lower level. The courts of metropolitan
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matters are concerned is unlimited in most cases. The next set of courts
vertically moving upwards are described as courts of district which
includes courts of additional judge, joint judge. The court of district is the
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Conclusion
modern society. Living in the present times is a more complicated process than
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what it was in the times of our forefathers. The problems of today cannot be
solved by the method or tools known to them. The tool of research will have to
be altered to cope up with present problems. Law is an integral of part of the
social processes. It aims at organizing society in an orderly manner. A legal
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facts set into motion action and inaction in various areas and generally in
society; it also affects other co-exiting sub-systems and thereby the social
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sytem.
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2. What is ratio decidendi? Explain the doctrine with reference to
Wilkinson v/s dowton’s case.
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Introduction
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as doctrine of precedent. This based on one of the basic principles of the
administration of justice,ie., like cases should be decided alike. The
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principle follows the maxim, stare decisiset non quietamovere (to stand
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by precedent and not to disturb what is settled) has been a well known
system in all the courts. This doctrine is followed to maintain stability
and certainty in the law. A precedent is primarily a case law which serves
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as an authority for deciding a similar case. Every court is bound to follow
any case decided by a court above it in the hierarchy. According to article
141 of Indian constitution the decisions of the supreme court and High
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which binds is called its ratio decidendi which means literally is the
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The ratio decidendi of a case can be defined as the material facts of the
case plus the decision thereon. Now let us imagine that suppose in a
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particular case, facts A,B,and C exists, and suppose that the court finds
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that facts B and C are material fact and A is immaterial and Then reaches
conclusion X. Then the doctrine of precedent enables us to say that in any
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future case in which facts B and C exist, or in a future case facts A,B,C
and D exist, and fact D is held to be material, the first case will not be a
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direct authority, though may be of value as an analogy.
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The doctrine with reference to Wilkinson v/s downtown
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In Wilkinson v/s Downton, the plaintiff was awarded damages by a jury
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for nervous shock, and the trail judge then heard argument on the
questions whether the verdict could be upheld in law.
To quote the judgement of Wright.J – In this case the defendant, in the
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home. All this was false. The effect of the statement on the plaintiff was a
violent shock to her nervous system, producing- vomiting and other
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In addition to this a claim for railway fares of persons set by the plaintiff
to Leytonstone.
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The plaintiff, who had previously been of normal health, suffered a shock
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and serious illness. Wright.J. held that the defendant was liable, not
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perhaps for the tort of deceit but because the defendant had willfully done
an act calculated to cause physical harm to the plaintiff, and had in fact
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caused such harm. The other facts like the address at which the plaintiff
lived, where the accident took place etc immaterial to the judgement. But,
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where the defendant has willfully told the plaintiff a lie of a character that
is likely to frighten and so cause physical harm to the plaintiff, and it has
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in fact caused such harm, the defendant is liable. This ratio omits to
specify the particular lie told by the defendant, because this was
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immaterial. What mattered was not the particular lie as to plaintiff’s
husband’s alleged injury, but the more general fact of lying. The
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particular lie told by the defendant was material only in the sense that it
was the son of lie was likely to frighten and cause physical harm to the
plaintiff.
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But learned judge did not confine his judgement to lies, but spoke only of
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fact that the defendant tell lie and create a fright on the plaintiff. These
are not the ratio of the case. But when we go deeper and deeper into the
case by a process of abstraction we would get the ratio decidendi of a
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and relations from the facts of experience. Thus a rule that it is a tort to
tell a lie that is likely to and cause fright and consequent physical harm is
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narrow rule, belonging to a low level of abstraction from the facts of the
particular case in which it was laid down; leave out the reference to
fright, and it becomes wider, replace tell a lie by any act with intent to
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affect the plaintiff in body or mind and it become wider still. It is the last
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rule that is the ratio decidendi of Wilkinson v/s Downton. By the process
of abstraction one may eliminate certain facts except the fact of the doing
of an act that is intended to affect the plaintiff adversely and is likely to
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cause physical harm, and the fact of the occurrence of such harm.
Therefore the finding of a ratio decidendi is not an automatic process, it
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calls for lawyerly skill and knowledge.
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Conclusion
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Radio decidendi shall be decided by the judges or lawyers. It shall be decided
based on material fact. To conclude above mentioned ratio decidendi is one of
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the important for case law technique.
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3. Explain how a student is benefitted by lecture classes and text books.
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Introduction
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Method is the way of doing something. Methodology is science or study of
particular subject. The concept of the research methodology is much wider.
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Research methodology is a systematized investigation to gain new knowledge
about the phenomena or problems. Methodology includes the philosophy and
practice of the whole research process.
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Techniques for collecting data are referred to as method while the logic
applying the scientific perspective to the study of events is termed methodology.
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of research.
Definition
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3. Paul Diesing says that the term method or mode of procedure implies
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the whole series of subject that a researcher follows in the process of
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making a contribution in the field of knowledge.
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Research Methodology Of Legal Studies
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Legal phenomena require their own research methodology. Such research
methodology may be applicable to subjects of international or municipal laws,
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evaluation of acts of different countries, implementation and consequences of
codes and acts of different nations. Many statistical techniques and methods
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cannot automatically be considered as useful in legal studies simply because
they have proved useful in other description.
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The nature of legal issues and the subject matter of law is radically different
from other sciences. Therefore, the content of the propositions and explanations
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is also different. The methodology of legal studies involves their own rules,
interpretations and criteria for admissible explantions as well as research
designs, data- collecting techniques and data- processing routines. Legal studies
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lack the appropriate methods, tools and techniques suitable for the legal issues.
In most of the legal investigations, qualitative data has to be analysed. Hence,
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Legal Research
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systematic research into the social, political and other fact conditions which
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Legal researchers do make systematic research into facts of social, political and
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economic conditions which give rise to the individual rules, acts or codes. They
also examine the socio-legal and other effects of those acts or rules. A research
of this kind is called Fact Research in Law. Research may be pursued to obtain
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Text Books
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A text book is one of the method of study. The foremost important aim is to
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make himself lawyer. The important aim is to pass law examination with credit.
One must study cases either original law reports or case books. It is through
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applying oneself to cases and one gets to understand how legal problems present
themselves and legal arguments is conducted.
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There is one difference preparation of practice and preparation for examination.
For the practicing lawyer having a large field of what Pollock called potential
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knowledge is more important than having a small amount of actual knowledge
of practice and procedure, an ability to argue and a general knowledge of where
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find the law he wants. On the other hand, one must not only know how to argue
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and be able to display a first -hand knowledge of the sources; one must be able
to parrot a considerable number of rules and authorities.
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There is another observation to be made learning of law through the medium of
text books. It is an observation that everyone inured to learning has already
made for himself, but if it perhaps worth putting on paper for the sake of those
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whose acquaintance with this discipline has hitherto been slight. The more
often a book is read, the easier and quicker it is read and more it repays the
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reading. For example when a book on an unfamiliar subject is read for first
time it is rather heavy going and one seems not to remember very much of it.
The second reading is both easier and more interesting and more is
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remembered. Many people take their examination at this point. Had they had
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the perseverance to read through the book at third, fourth and fifth time, they
would have found that each successive reading came more easily and that the
residue left in this mind each time went up in geometrical progression.
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While on the subject of memory work it is worth pointing our that learning by
heart is best performed in short periods distributed over a long time as possible.
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For example it is a better devote one hour a day to revision than six hours at
stretch once a week.
that more learning can be accomplished in say three hours by taking a ten
minute rest period in the middle than by working continuously. Also,
overlearning delays forgetting. If, therefore chapter of a book at night, try to
read it again first thing in the morning, even though you feel you know it.
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Learning is best done by reading a paragraph or page or similar convenient
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amount and immediately reciting the gist of it: it has been found better to recite
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aloud than to perform the recall in the head. If you find that you cannot
remember the passage properly, read it again and then try another recall. The
longer the passage that you set yourself for recall the better; in other words read
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as much at a time as you will be able to reproduce at the next recall.
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Heavy footnotes to a book are sometimes distracting, and it is then a good plan
to read the book through a first time without looking at the footnotes.
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Lectures and classes
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Lectures may be said to possess several merits as a means of instruction. To
listen to a competent lecturer makes a welcome change from the reading of
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books. The lecturer too can help his audience by giving the basis and essentials
of the subject elucidating the broad principles and indicating what is matter of
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detail. He can dwell on the parts of the subject that in his experience cause
special difficulties. Finally, the lecturer can bring textbooks up date and in a
smallish class he can solve individual difficulties.
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Some lectures regard it as their sole function to stimulate and inspire they do not
particularly want notes to be taken. Either concentrate on the lecture and rely
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upon your books for acquisition of facts or form the habit of taking notes and at
the same time of following the line of argument.
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Considerably more important than the average lecture is the discussion class,
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and secondly, prepare for them by attempting to work out the problems for
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yourself before the class. The larger class, the less likely it is that you will be
pressed to speak, and the more important it is that you should speak in order to
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cultivate self-possession and to get used to the sound of your own voice in
public.
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Conclusion
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To conclude above mentioned method of study is important to lecturer and
class.
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4.What is interpretation of statutes? Explain the mischief rule of interpretation ?
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Introduction
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The first method is for parliament to enact another act and make a new
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provision which conflicts with the original provision, either with or without
reference to it. Even if no reference is made to the earlier act under the rules of
statutory interpretation, later provision prevails. The second method is done the
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way that amendments are usually carried out. This is by specifically altering the
initial act usually with the word amendment somewhere in the title of the later
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act, a later act the original act as the principal act and will proceed to identify
the part that needs to be changed.
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Laws are made by parliament in centre and by state assemblies in different
states. The legislative branch of the government makes the law. Legislators
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dream up the law. The legislative branch makes statutes and law from the
legislative branch is known as enactment. The legislative process by parliament
is laid down in Articles from 107 to 123 and legislative procedure in state
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If the bill is passed by majority vote, then it is sent to the president for assent. In
states, the bills passed by assemblies are sent to the governor of the state. After
the assent, it becomes an act from the date of publication in the official gazette
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Meaning of statute
Statues are the important source of law in modern times. The law which comes
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into being through legislation is called enacted or statute law. Statutes are the
declarations of legal rules by a sovereign or subordinate legislators. Legislators
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can lay down rules purely for the future and without reference to any actual
dispute. Statute includes every expression of the will of legislature. In this way
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except as against the spirit of the constitution of that country. Enacted law is the
statute law. Statutes can be amended or replaced or modified or abolished by the
parliament only according to the changed conditions. Enactment would qualify
as a statute having the force of law.
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The statutes consist of the following parts in their body
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1. Title: All modern Acts have both a long and short title for example, the
short title of the Act no. 43 of 1958 is the trade and merchandise marks
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act 1958. A long title of an act is a part of the act. The long title is used
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to resolve an ambiguity. It indicates the object of the act.
2. Chapters or parts: The Acts may be divided into chapters or parts. They
are numbered and titled. For example, The Copyright Act, 1957
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contained XV chapters. The headings prefixed to parts or chapters can be
referred to in construcing an act of the legislature. But they cannot control
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the plain words of a statute.
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3. Preamble: The preamble is the preliminary part or chapter of the act. It
expresses the title, scope, object, extent, commencement and purpose of
the act. Commencement means the day on which the act comes into force,
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unless otherwise provided, the act comes into operation on the day. It
receives the assent by the president or governor of the state as the case
may be.
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4. Sections and sub- sections : The rules are explained in detail in section
or Articles and they are numbered. The sections may be sub-divided as
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particular form.
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6. Marginal notes: In some statutes, we find notes often printed at the side
margin of sections in an Act. Their aim is to summarise the effect of the
sections.
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applied. If the enacting portion of a section is not clear, a proviso is added
to it to give an indication as to its true meaning. Proviso is further used to
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remove special cases from the general enactment and provide for them
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specifically.
9. Explanation: An explanation is appended to a section to explain the
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meaning of words contained in that section. Explanation is a part of the
enactment. It may also be added to include something within or to
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exclude something from the ambit of the main enactment. An explanation
should be so read as to clear up any ambiguity in the main section.
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10. Illustrations: Illustrations are added to a section and they form part of
the statute. They do not form part of the section. But they are of relevance
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and value in the construction of the text of the section.
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Schedules: Schedules are added at the end of the text. They are part of the
statute. They contain details and forms for working out policy underlying the
sections of the statutes. The constitution of India contains 395 Articles in
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XXII parts and ten schedules.
Statutes are the acts of law made deliberately in a set form by an authority
which the courts have accepted as competent to excerise that function. An act is
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the product of compromise and the interplay of many factors the result of which
is expressed in a set form of words. The task of interpreting a statute is to
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ascertain the intention of parliament as can be gathered from the meaning of the
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words used.
Statutes seek to control the future by using broad terms of classes and
categories. These are man- made, and there are inevitably mistakes or omissions
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provision applies to the case in hand or not. Nor do words have proper meaning.
A word may bear the meaning put upon it by the user that understood by the
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recipient or the usual meaning. The method by which the courts ascertain the
meaning of the language of a statute is called the interpretation of enacted law
or statute. Interpretation is a creative function of the court. There is no single set
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of rules of statutory interpretation. Courts have laid down indeed not rigid rules,
but principles which have been found to afford some guidance when it is sought
to ascertain the intention of parliament.
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Lord Devlin “The law is what the judges say it is. If a legislation gives an Act
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of parliament a meaning which no one else thought it could reasonably bear, it
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is their construction of the words used in preference to the words themselves
that would become the law. The process of ascertaining the meaning of the
letters and expressions by the courts is called interpretation.
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Referential Approach – Literal Or Plain Meaning Rule Or Grammatical
Interpretation
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sought in the actual words used by him, which are to be understood in their
ordinary and natural meaning. If the words of the statute are in themselves
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precise and unambiguous, then no more can be necessary than to explain the
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words in their natural and ordinary sense. In construing statutes, the
grammatical and ordinary sense of the words is to be adhered to unless that
would lead to some absurdity. The ordinary meaning of the words may be
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determined by looking into dictionaries and other technical works where that
particular word has been employed. The context in which a particular word has
been used should also be taken consideration. In case the meaning of a word has
GE
changed due to passage of time, the word should be taken to mean as to what it
meant when the statute is enacted.
LE
The literal interpretation confines itself to the words of law. If the words are
clear, the judges do not go to determine the idea behind them with the help of
L
Mischief Rule
N
way takes account of their changing functions and functioning. At the same
time words possess an inner core of agreed applications surrounded by a fringe
AM
literal meaning. We construce them according to the policy and purpose behind
the statute. This is called the “Mischief Rule”.
InHeydon case in 1584, it was resolved by the Barons of the Exchequer that for
sure and true interpretation of all statutes in general.
RE
The four things are to be discerned and considered
O
1. What was the common law before the making of the Act
AL
2. What was the mischief and defect for which the common law did for
provide
G
3. What namely the parliament hath resolved and appointed to cure the
disease of the commonwealth and
AN
4. The true reason of the remedy
And then the office of all judges is always to make such constitution as shall
,B
suppress the mischief, and advance the remedy and to suppress subtle
inventions and evasions for continuance of the mischief and pro private
W
commando and to add force and life to the cure and remedy according to the
true intent of the makers of the Act.
LA
This approach is used in the following types of situations
OF
1. This mischief rule is sometimes invoked in support of a literal
interpretation treaties
2. It has been used in interpreting statutes giving effect to international
GE
treaties
3. The decisions whether mensrea is an ingredient of a statutory offence
LE
seems to rest upon whether the object and policy of the statute would
thereby be defeated
L
courts take account of the policy behind the statute in question to decide
whether or not contracts contemplating such behaviour are void
5. The approach to statutes of a predominantly social nature has been
N
Conclusion
To conclude above mentioned interpretation of statute shall be interpreted by
judges
RE
5.Discuss the major steps involved in doing legal research?
O
Introduction
AL
The systematic investigation of problems and of matters concerned with law
such as codes, acts, constitutions etc. is legal research. Judges, lawyers, law
G
commissions and researchers constantly do research in law. They do make
AN
systematic research into the social, political and other fact conditions which
give rise to the individual rules.
,B
Legal researchers do make systematic research into facts of social, political and
economic conditions which give rise to the individual rules, acts or codes. They
W
also examine the socio-legal and other effects of those acts or rules. A research
of this kind is called Fact Research in Law. Research may be pursued to obtain
LA
better knowledge and understanding of any problem of legal institutions in
society legal doctrines, legal philosophy, legal history, comparative study of law
OF
or any system of positive law – International or Municipal.
The word Research is composed of two syllabus, re and search. The dictionary
defines the former as a prefix meaning again, anew or over again and the latter
LE
Together they form a noun describing a careful, systematic, patient study and
L
principles, or one can also define research as a scientific and systematic search
for pertinent information on a specific topic.
N
RE
experiment. Investigation of every kind which have been based on
original source of knowledge may be styled research and it may be said
O
that without research no authoritative works have been written, no
AL
scientific discoveries.
3. Manheim:- Research is the careful, diligent and exhaustive investigation
G
of a specific subject-matter, which has as its aim the advancement of
mankind’s knowledge.
AN
4. Redman and mary :- systematized efforts to gain knowledge.
5. Lundberg:- Research is a method sufficiently objective and systematic to
,B
make possible classification, generalization and verification of the data
observed.
W
6. Cook:- Research is an honest, exhaustive, intelligent searching for facts
and their meanings or implications with reference to a given problem.
7.
LA
Rush whites:- Research is a point of view, an attitude of inquiry, or a
frame of mind. It asks question which have hither to not been asked and it
seeks to answer them following a fairly definite procedure. It is not a
OF
mere theorizing but rather an attempt to elicit facts, and to face them once
they have been assembled.
GE
RE
decision affords only a crude indication. Hence, the researcher needs
to formulate a specific problem from within his general area of
O
interest before he can take any decision relating of collection and
AL
analysis of data. It is more difficult to find and to formulate a problem
than to solve it. He has to put a great deal of thought into the
G
formulation of problems if he expects to get anything worth from his
efforts to solve them. Research begins when the researcher
AN
experiences a difficulty or a challenge which is the basic component
of a research problem. There are no principles which can guide an
,B
investigation to pose significant problems of research.
W
2. Formulation of hypothesis :- The suggested explanation or solutions
to the problems formulated as propositions are called hypothesis.
LA
Such tentative explanations, i.e hypothesis may be the solution to the
problem. The enquiry is directed at finding out whether they really
are solutions to the problem. The enquiry is directed at finding out
OF
researcher has to work out a design for the study. A research design is
EE
RE
techniques and collects the data. To make the data reliable and free
from bias, he has to select the mode of administering the instruments.
O
AL
In legal research, the researcher has to ascertain all the relevant facts.
The facts are the events that happened prior to the search. The
G
research scholar has to gather the facts. Learning the necessary facts
usually involves nothing more than asking enough questions. One set
AN
of facts may occasion the application of a certain principle, but the
addition of several additional details to those facts may occasion the
,B
application of an entirely different principle.
W
The researcher consults secondary sources to gain knowledge about
the law. Sometimes the researcher needs a secondary source such as
LA
an encyclopaedia to even get started with the research project.
Secondary sources are used throughout the research process to get
started to explain what has been found and suggest what ought to be.
OF
There are wide variety of search tools available for finding case
digests, encycloepaedias, treatises, law reviews and computer
services.
LE
RE
d. The importance of the findings.
O
Conclusion
AL
It is not easy to define a problem because every problem has different social and
legal aspects. Once the researcher selects the problem next he has to confront
G
with different stages that are formulation of hypothesis, identification and
formulation of problem. To formulate a research problem a researcher should
AN
have a deep concern in the field of research and a researcher must go in the field
of research with open mind.
,B
W
LA
6.what is hypothesis? Explain its types and functions in legal research
Introduction
OF
Research has become an integral part not only of academic pursuits, but of all
the areas of human activity. Sociologists, economists, physical scientist, nuclear
scientists- all would advocate an extensive use of research for the sake of their
GE
proposition which can be put to test to .determine its validity. It may seem
contrary to, or in accord with common sense. It may prove to be correct or
L
because someone to start looking for fats connected with this problem. These
facts are then organized. The problem cannot even be stated unless we are
familiar with the subject matter in which we discover the problem.
N
Meaning Of Hypothesis
EE
Hypo means less than or under and thesis means idea or general opinion to be
AM
If we have to proceed towards some destination for which we don’t know the
-
AL
way, we try to form an idea about the direction to proceed and by trial and error,
we reach that goal. The primary idea is called a hypothesis.
The Webster’s new International Dictionary gives the meaning of the term
Hypothesis as a proposition, condition or principle which is assumed perhaps
RE
without belief, in order to draw out its logical consequences and by this method
to test its accord with facts which are know or may be defined.
O
AL
According to George A. Lundberg :- A Hypothesis is a tentative
generalization, the validity of which remains to be tested. In its most elementary
stage the hypothesis may be any hunch, guess, imaginative idea, which becomes
G
the basis for action or investigation.
AN
According to Werkmeister :- The guesses he makes are the hypothesis which
either solve the problems or guide him in further investigation.
,B
According to goode and Halt :- Hypothesis is a proposition which can be put to
test to determine its validity.
W
Robert A Berslein and James A Dyer say :- A Hypothesis is an assertion of a
causal association between two properties.
LA
McGrigan :- Hypothesis as a tentative statement which expresses the nature of
OF
relationship between two or more variables usually in the form of cause effect
relationship.
GE
They present the relationship between the variables in a testable form, for
CO
specify the functions. For any problem framing the hypothesis requires prior
knowledge of the phenomena.
AM
Characteristics or qualities
RE
effect relationship
5. The relationship can be positive, negative full or partial.
O
6. Hypothesis is an explanation that needs to be established before it can be
AL
examined.
7. A good hypothesis is one which is testable and must be based directly on
G
existing data.
AN
According to Galtung there are ten dimensions of a useful hypothesis
,B
a. Generality
b. Complexity
W
c. Specificity
d.
e.
f.
Determinancy
Falsifiability
Testability
LA
OF
g. Communicability
h. Reproductibility
i. Predictability
GE
j. Tenability
LE
definition and terms used in the hypothesis should be those which are
EE
commonly accepted terms and not on own creations. If new terms have
to be used, their definition and meaning in terms of already existing
AM
being verified. For this purpose we have to take into consideration the
AL
RE
5. Capable of empirical test :- The hypothesis should be such as can be put
O
to empirical test. Empirical test is the basis of objectivity which is so
AL
essential for any specific method.
G
6. Simple:- It should have logical simplicity. P V Young says, The more
insight the researcher has into the problem, the simple will be his
AN
hypothesis about it. The Hypothesis should be simple and to the point
,B
7. It should be closest to the things observable
W
8. It should be expressed in a quantified form
LA
9. It must be stated in such a way as to allow it to be refuted.
11. It should be capable of being investigated with the available tools and
GE
techniques of research.
LE
Sources Of Hypothesis
2. Scientific theory:- Theory gives us the basic idea of what has been found
EE
to test whether the two phenomena are similar in any other respect.
AL
4. Personal experience :- Hypothesis is formulated according to the way in
which an individual reacts to culture, science and analogy. The facts will
RE
be true but the hypothesis may be formulated when a rightful individual
sees it in a rightful perspective.
O
AL
WILKINSON AND BHANDARKAR GIVE THE FOLLOWING
MAJOR SOURCES OF HYPOTHESIS
G
1. The history of science provides an eloquent testimony to the fact that
AN
the personal experiences of the scientist contribute a great deal to the
type and form of questions he may ask.
,B
2. Analogies are often a fountain- head of valuable hypothesis.
W
3. Hypothesis may rest also on the findings of other studies.
LA
4. A hypothesis may stem from a body of theory and
OF
FORMULATION OF HYPOTHESIS
LE
proposition. Whatever it be, it has to be very clear, simple, and definite without
any creeping ambiguity therein. The condition attached to it is that a hypothesis
must be empirically verifiable, testable and comparable with the observed facts
N
O
make no well foundedjudgements or relevance. Hence , three things are very
AL
much essential knowledge , experience and capacity. The problem may have
connection with a number of subjects. A researcher has to form hypothesis
based on them.
G
Problems in formulating hypothesis
AN
The main difficulties to formulate hypothesis according to goode and Hatt are-
,B
1. Absence of clear theoretical framework
2. Lack of ability to utilize that theoretical framework logically
W
3. Failure to be acquainted with available research techniques so as to able
to phrase the hypothesis properly.
LA
OF
Stages InForumulation Of Hypothesis
phenomena.
3. He should logically deduct the fact relating to the phenomena.
LE
TYPES OF HYPOTHESIS
The kinds of hypothesis can be explained in many ways taking the base on
N
1. Experimental
AM
i. Existential hypothesis
ii. Statistical hypothesis
-
RE
level of abstraction and it does not lead to higher theoretical
approach. A refined hypothesis is one which has more significance
O
in research. The null hypothesis asserts that there is no difference
AL
between two populations in respect of some property and that the
difference between two populations in respect of some property
G
and that the difference found between the samples drawn form
these populations is only accidental and unimportant. Null
AN
hypothesis is a testable hypothesis.
,B
Advantages of null hypothesis
W
1. It is exact
2. It is easier to disprove the contrary of any hypothesis than to
LA
prove it with complete certainly
3. Null hypothesis enables the researcher to eliminate some of the
alternative hypothesis
OF
hypothesis.
O
AL
1. Uniform :- uniform hypothesis relate to the existence of empirical
uniformities. They are commonsense propositions and merely show
regularities.
G
2. Complex:- The complex types are concerned with complex ideal type.
AN
They outline the existence of logically desired relationships between
empirical.
3. Analytic :- The analytic hypothesis deal with the relationship of analytic
,B
variables. They are aimed at finding out the relationship between changes
in one property leading to changes in another.
W
Another classification divides Hypothesis into:-
LA
1. Univariable and multivariable – univariable hypothesis describe only
one variable. Multivariable hypothesis involve two or more than two
OF
variables.
2. Associational and non- associational – Associational hypothesis show
associates or relationship between two variables. Non associational
GE
hypothesis.
3. Universal and statistical – universal hypothesis tell about a phenomena
L
or relationship between variables which is true all the time and at all
CO
RE
Ghose Explained The Following Types Of Hypothesis
O
. Hypothesis concerning law:- This kind of hypothesis explains as to
AL
how an agent works to produce a particular effect or event.
G
Hypothesis concerning an agent :- when a law of operation of known, the
agent which is working to produce an effect may not be known. In that
AN
event a hypothesis is often framed to find out the agent.
,B
Hypothesis concerning collocation :- collocation refers to an arrangement
of circumstances. When a hypothesis is made relating to the
W
circumstances necessary to produce a phenomenon, it is known as
hypothesis regarding collocation.
LA
Goode And Hatt Have Classified The Hypothesis Into The Following
Three Types On The Basis Of The Level Of Abstraction :-
OF
sense.
At a relatively higher level of abstraction are hypothesis concerned
L
1. Hypothesis gives a point to enquiry more specific and to the point. In the
-
RE
3. Hypothesis helps in selecting all available and pertinent facts.
O
AL
4. It is the starting point of research
G
5. It provides precision to the research problem
AN
6. It helps in selecting relevant facts of phenomenon
,B
7. It helps in drawing specific conclusions
W
8. It raises the standard of result
LA
9. It helps to economize the collection data.
10. The function of a hypothesis is to direct our search for order among
OF
enquiry.
The proof of the worth of hypothesis lies in its ability to meet the test of
the validity. After formulating a hypothesis it is necessary to :-
L
RE
laws of good thinking and it must not disagree with those principles of science
which are considered valid beyond reasonable doubt. The suggested inferences
O
are tested in thought for logical coherence, before they are tested in action.
G AL
In the study of hypothesis for agreement with fact, one argues that if the
hypothesis is true, certain facts, conditions or relationships will be found, then
AN
one looks to see if there conditions are present. After the testing the hypothesis
by applying it already known facts, it may have to be tested by a new appeal to
,B
experience. In this new appeal the data are collected, recorded and manipulated
according to the conventions of science. If the data already available are
W
adequate, no new appeal to experience will be necessary.
Conclusion
LA
OF
Hypothesis is very much important in socio-legal research. It is pivotal of a
research. A hypothesis provides the basis for investigation and ensures the
proper direction in which the study should proceed. The accomplishment
GE
hypothesis, which is clear, simple and scientific, makes the inquiry more
EE
specific and wandering. The results cannot be stated as facts without clear
meaning. Hypothesis is the indispensable relationship between theory and
AM
RE
Introduction
O
whole legal system. In present times the role of legal activists the advocacy has
AL
made it possible to bring the common people’s problem into existence through
the interest litigation system. This the evolved an easy way to reach the justice
G
to the common people specifically to poor and weaker section of society.
AN
The effective and efficient role of law is to provide efficient administration of
justice by using recent research technique and tools. Now a day’s main research
design is the collection of data in the society to have their opinion regarding the
,B
research problem. In the legal research there may be two sources of collection
primary data and secondary data. The most of the research study have found
W
these sources very beneficial in course of finding solution of legal problems
LA
faced by the society. The primary data’s are acquired through questionnaire and
interview schedule. The questionnaire are generally mailed to the respondent or
served to a group a people at the same time by giving them required forms and
OF
collecting them. The scheduled is format of seeking information from the
respondent during the course of personal interview of respondent. In the case of
schedule the interviewer and respondent both are present in face to face where
GE
library are very important to solve the legal problems being found in the
CO
The origin of the term data may be traced from the latin word datum, which
N
Different tools and technique are available for collection of data for legal
-
AL
research. The selection from these tools, however depends on nature and object
of the research study taking into consideration the other factors such as nature of
source, contents, utility, accessibility and time and expense likely to be spent in
the process.
O RE
Law library
AL
According to Fredric D.Donnelly, The law library is truly a vital factor in the
administration of justice, an institution of extraordinary social significance in a
G
free society. Inspiring others is the ambition of men and women of vision who
AN
devote their talents to the creation and perpetuation of law libraries whose
benefits reach out far and beyond the personal interests of the original creators.
,B
A law library is considered as a union of three important elements
i. Users
W
ii. Study material and buildings with furniture and
iii. Administrators
Use of libraries
LA
OF
Legal research inevitably involves the use of the books, pamphlets, periodicals
and documentary materials in libraries. General source materials have to be
consulted for the necessary background knowledge of the problem to be
GE
idea of the types of books a law library usually contains. He should know where
CO
to look for the materials for research and also about the guides and aids which
would facilitate to locate the materials. In the words of prof. Frederick Hicks,
“skill in the use of law books is a requisite of a successful legal career, along
N
maintaining libraries is the same in any library because all libraries organize
their collections on the same general principles and provide similar resources of
users.
RE
Procedure involved in tracing the legal periodical articles
O
Periodical indexes-Articles in law journals is another important and
AL
indispensable source of information for a researcher. The Journal of
International law are some of the journals which carry research articles.
G
Academy law review, The Administrator, Benaras law review, civil and military
law journal belong to this category. Periodical articles are not indexed in the
AN
card catalogue.
,B
or more of a group of publications known as periodical indexes. There are some
general indexes such as reader’s Guide to periodical Literature’. The index to
W
Indian legal periodicals and the Index to foreign legal periodicals are helpful to
LA
the researcher to find out the articles relevant to his research and locate the
name of the journal, volume and number in which that has been published.
OF
indexed are:
LE
Reference books
-
AL
General and special dictionaries, encyclopeadias, year books,
directories and biographical dictionaries are types of reference
RE
materials that are constantly useful in research.
O
(i) Encyclopedias:- An article is an encyclopedia can be useful for
AL
quick orientation to a subject and for specific items of
information. If it includes a bibliography as many encyclopedia
G
articles do, it can be useful as a guide to general sources of
information on a subject. There are several special
AN
encyclopedias of particular interest and value to the person
working on law topics. One of the most important is the
,B
encyclopedia of the social sciences which includes biographies
of men whose work has been significant to the social science
W
including law and articles on all the important topics in the
field. Halsbury’s law England is the most important set of
LA
encyclopedia which gives details and upto date of the law on a
particular subject.
(ii) Reports:- supreme court reports is a monthly publication which
OF
decided by the courts and also Acts, Rules and Notifications etc.
There are some specialized law reports which report the cases
L
cases etc.
EE
dictionaries.
AL
Citation
Cite is the location of authority for, the matter you have mentioned. Because it
is necessary to refer any statement of law that is made by attributing the
RE
legal(primary) authority or authorities, the starting point for legal research is to
know how that law, contained in the report of a case, section of an Act or in a
O
cause of a Regulation, is referred to by the legal profession. This is known as
AL
the citation of cases, Acts and Regulations. Thus, we say that a case is cited in a
research report by researcher to provide the legal authority for the preposition
G
that is being put forward.
AN
The citation of Acts and Regulations, however tends to be governed by the short
title of Acts and Regulations, authority contained within the Act itself and
supplemented by the jurisdiction’s Interpretation Act.
,B
Standardization of citation Rules
W
1. Dates and Numbers
i.
ii. LA
Date should appear as follows: 19 July, 1984
Percentages should be expressed as : 10 per cent.
iii. Time should be shown as : 7.30 a.m
OF
iv. Monetary amounts should be shown as :Rs. Or $
v. Fractions should be shown as: ½.
2. Abbreviations
GE
i. Section : S. 3
ii. Paragraph : Par (a)
LE
v. Order : O.3
CO
vi. Rule: r. 2
vii. Clause : Cl.5
viii. Chapter: ch. 1
N
x. Division : Div
3. Citing statutes (Legislation)
Statues are usually cited by short title with years (in brackets); section
AM
number
The foreign exchange Regulation Act, 1947
-
RE
U.S. Cons. Art. 1, sec. 7, para 2, cl.(iv)
O
Use amend to cite amendment e.g
AL
U.S. Const. amend. IV
G
5. Citing a case :- case title consists of the name of the plaintiff followed by
space, the letter(s) v. or vs and a space and the name of the respondent/
AN
defendant, all underscored.
,B
Separate the case title from the reporter citations with a comma and
space. What follows is the volume number of the official reporter a space,
W
the proper abbreviations of the official reporter, a space and the page
number of the first page of the case report in the official reporter. After
LA
the last reporter citation, put a space, then the year of a decision in
parentheses. In india, the citation of cases are as follows
OF
• Edward Mills co. Ltd v state of Ajmer ( AIR. 1955 S.C. 25)
• GaupalKisan v. state of Maharashtra ( 1995 Cr. L.J. 792 (Bom)).
GE
LE
2. Observation Method
Hence, every science has its methodology, so do the legal studies. Legal
EE
researchers have certain methods to find law from legal sources such as
legislation, precedent etc, and have definite methods to find out authoritative
AM
decisions. They have also, by experience devised methods to apply law into fact
situations. Thus, by legal method we mean essential techniques of law study.
The judges of law courts and the people who give legal opinion to government
-
RE
techniques are repetitive and routine and require mechanical skill on the part of
the researcher. Methods, on the other hand, relate to research as a whole from
O
the beginning to end. A method stands independently and its nature remains the
AL
same throughout. Methods are always original, broader and superior to
techniques. Only a method can decide whether a discipline is an art or a science.
G
As law is related to society, the techniques of social science are also applicable
AN
to the legal studies. In their project on Juvenile delinquency, the students of
British crown colony of Hong Kong as explained by Pauline V. Young assumed
that the behaviour of delinquents can be observed and studied by the sample
,B
process and techniques as other aspects of human behaviour. They employed
observation techniques, schedules and questionnaire, the interview, statistical
W
and case-study data. These techniques are discussed in detail in the respective
LA
chapters of observation, interview, questionnaire, and case-study.
In socio-legal research, one of the most important and extensively used methods
is observation. It is both most primitive and the most modern method of study.
L
the study. The three elements of observation are sensation, attention and
perception.
The method of observation has been defined by different people in different
ways. Young says, Observation may be defined as systematic viewing, coupled
RE
with consideration of the seen phenomenon. He further says that it is a
deliberate study through the eye, which may be used as one of the methods for
O
scrutinizing collective behaviour and complex of institutions as well as separate
AL
units composing of totality.
G
cncoding of that set of behaviours and settings concerning organisms which are
AN
consistent with empirical aims. Here the selection means that there is a focus in
observation and also editing before, during and after the observations are made.
Provocation means that though observes do not destroy natural settings but they
,B
can make subtle changes in natural settings, which increase clarity. Recording
means that observed incidents, events are recorded for subsequent analysis.
W
Encoding involves simplification of records.
i. Behaviour is observed’
GE
the means he uses to record data. However, such controls do not exist
for the setting or the subject population.
vi. It is focused on hypothesis-free inquiry
N
The interview is the oldest and most often used device for obtaining information
among human beings. As a data gathering technique, it is a verbal method of
-
AL
RE
interpersonal role situation in which one person (the interviewer) asks the
person being interviewed (the respondent) questions designed to obtain answers
pertinent to the research problem. Interview consists of verbal responses
O
between two or several persons.
AL
The shorter oxford english Dictionary defines Interview as a meeting of persons
face to face, especially for the purposes of formal conference on some point.
G
According to V.M. Palamer, Interview constitutes a social situation between
AN
two persons. As a psychological process, it requires both individuals to
mutually respond. It is not a simple conversation between an interrogator and
,B
informant. The latter’s gestures, galances , facial expressions and pauses also
reveal subtle aspects.
W
John Madge points out that the interview is a purposive conversation. The
LA
purpose may vary widely in order to include the necessary information.
Brown and Ghiselli say The term interview stands for a generic concept which
includes a variety of procedure used in collecting data through a person to
GE
Characteristics of interview
RE
1. It depends on the capacity of the interviewer to build rapport with the
respondent.
O
2. The right type of questions should be asked in the right manner.
AL
3. Recording of the responses properly and accurately at the time of
interview.
G
Types of interview
AN
1. Structured interview (formal, controlled, guided or direct interview) :-
The interview based on the pre-determined questions and the
standardized techniques is called the structured interview. In interview
,B
process everything is standardized. The response patterns are also
standardized. The questions will be mostly close-ended where the
W
alternative responses are given for the choice of the respondents. In
LA
structured interview, the questions, their sequences and their wording
are defined. Here the number and nature of questions are standardized.
OF
The structured interview has the greatest advantage of uniformity and
precision. It provides safe basis for the generalizations. Interviewer’s
bias is restricted. It is more methodical and easy to administer. But the
GE
operations. The content, sequence and wording are entirely in the hands
EE
the response pattern. This type of interview lays emphasis on the purpose
rather than form. The discussions with respondents are more informal in
RE
nature mainly aimed at collecting the maximum information.
O
i. They facilitate free and uninhibited responses from the
AL
respondents, the informant has the facility to be much more open
and articulate.
G
ii. These interviews have the advantage of leaving a favourable
impact on the informant who will have acquired in the process of
AN
interview a certain element of skill in self- analysis.
iii. They demand lesser skills on the part of interviews. The
,B
unstructured interview technique has the following limitations:
a. The flexibility results in lack of comparability between one
W
interview and another.
b. The analysis of the unstructured responses is much more
LA
difficult and time- consuming.
c. The non-structured interviews usually demand deep knowledge
and skill on the part of the interviewer.
OF
covered.
3. Focused interview :- In this method, the objective is to focus attention on
the given experience of the respondent and its possible effects. The
LE
aspect of the problem, and tries to know his experiences, attitudes and
CO
experience.
4. Repetitive interview:- some social changes influence the behaviour of the
AM
process.
The repetitive interview is generally a very costly affair. A permanent
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organization has to be set up for this purpose. A prolonged record has to
be maintained to study changes from the permanent residents. Sampling
technique has to be used to select the representatives.
O
AL
5. The clinical interview:- This type of interview is similar to the focused
interview. The clinical interview is concerned with broad underlying
feelings or motivations or with the cause of individual’s life experience
G
rather than with the effects of the specific experience, as in the focused
AN
interviewer. The interviewer knows in advance what aspects of feelings
or experiences he wants the respondents to talk about. The interviewer
has freedom in selecting the method of eliciting information. The most
,B
common types of clinical interviews are those conducted during social
case work in psychiatric clinics and in prison administration.
W
6. The non-directive interview:- In this type of interview, the initiative is
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more or less completely in the hands of the respondent. This type of
interview is useful in eliciting information from the public on particular
situation or issue. The interviewer’s must create a completely permissive
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atmosphere in which the subject is free to express himself without fear of
disapproval.
7. The depth interview:- A depth interview is generally a lengthy procedure
GE
gives a general plan for the interview, various topics that are to be
AL
RE
over burdened with too many details.
3. Selection of cases:- cases may be selected through any one of the
different methods of sampling. The cases selected must be pertinent
O
one and available for interview.
AL
4. Preparation of schedule:- A schedule should be prepared with proper
care keeping in view the characteristics of schedule questionnaire.
G
5. Training the interviewers:- Interviewers should be selected among
educators and sufficient training should be given. The issue of the
AN
study, the schedule to be filled in after interview should be explained
to the interviewer along with the object of the study. Some preliminary
,B
information about the interviewer along with object of the study. Some
preliminary information about the interviewers such as general habits,
W
sociability, etc should be provided to interviewers.
6. Prior appointment:-It is sometimes useful that a prior appointment is
LA
taken from the interviewee regarding the time, date and place of
interview either through a reply paid letter or a telephone if the
respondent is available upon it.
OF
GE
an important phase in the rapport building. The rapport building with the
CO
and unbiased. He should explain the purpose of the study and should
EE
RE
Try to feel at ease with the interviewee
iii. Try to gain confidence of the interviewee
iv. Let the interview progress gradually
O
v. Assign social status to the interviewee
AL
vi. Don’t try to be unduly inquisitive so as to appear impertinent
vii. Don’t try to be cunning or attempt to extract answers through
G
indirect means
viii. Try to understand the significance of the facts from the
AN
respondent’s point of view
ix. Avoid injecting any bias by pursuing a point in particular direction
,B
x. Give top priority to the convenience of the respondent
xi. Do not ask suggestive questions and
W
xii. Keep the time sequence in narration
3. Probing:- Probing is another technique in the interview. Asking right
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questions is more difficult than answering the questions. The right type of
questions should be asked in the right manner and in proper language.
The questions should be capable of getting all the relevant information.
OF
The interviewer must probe deep into the matter to gain the insights
without giving an impression of undue curiosity. Great care should be
GE
therefore, jot down the points and later fill in the schedule.
5. Closing the interview:-After the respondent has narrated everything he
wanted to tell, generally, the tempo of his narration slows down. The
N
interviewer should closely watch such a situation and give a natural end
EE
to the discussion. The interviewer should verify if all the needed answers
have been elicited or not. It is generally useful to review the important
AM
RE
drafted after following theanalysation and generalization procedure.
O
Schedules are used as tools to elicit information inn structured interviews. The
AL
schedule is the form containing some questions or blank tables which are to be
filled by the interviewer after getting information from the respondent.
G
The schedule is nothing more than a set of questions which are asked and filled
AN
in by the interviewer in a face-to-face situation with another person. According
to Bogardus, Schedule is a form of abbreviated questions which the interviewer
keeps with himself and fills out as he proceeds with his inquiry.
,B
Goode and Hatt say Schedule is the name usually applied to a set of questions
W
which are asked and filled by an interviewer in a face-to-face situation with
another person.
the standardized replies. The field worker has no choice to get the desired reply
by putting a different question or changing the language of the same question.
L
The order of the questions is also the same and thus the whole interview takes
CO
Kinds of schedules
N
2. Rating schedules:- They are used in those cases where the attitude or
opinion is to be measured.
3. Document schedules:- These schedules are used for recording data from
-
RE
contain standard questions that the interviewer has to ask and blank
tables that he has to fill up after getting information from the
respondents.
O
AL
Characteristics of a good schedule
G
2. The schedule should be divided as (i) introductory part, (ii) Main content
or body, and (iii) Conclusion part.
AN
3. The questions should be clearly, worded, easily followed without
ambiguity.
,B
4. Right type of questions should be included.
5. The questions asked should be adequate and relevant to the enquiry so
W
that final generalizations may be based upon it
6. Each question must deal with a single idea.
LA
7. The set of questions must be logically related to the problems under
investigation.
8. The information sought should be capable of being tabulated and being
OF
Questionnaire method
Questionnaire method is one of the most suitable methods for the investigation
L
data from large, diverse, varied and scattered persons from different places.
Questionnaire is a list of questions to be answered by a group of people,
especially to get facts or information about their views. It is used to obtain
N
RE
limited amount of information from a large number of persons or from a small
selected group which is widely scattered.
O
According to Goode and Hatt a questionnaire is a device for securing answers
AL
to questions by using a form which the respondent fills in himself.
G
of persons for their answers and which obtains standardized results that can be
tabulated and treated statistically.
AN
Typology of questionnaires
,B
1. Structured or standardized questionnaires:- structured questionnaires
are those which pose definite, concrete and pre-oriented questions, that is
W
they are prepared in advance and not constructed on the spot during the
question period. Structured questionnaire are prepared in advance and
LA
not constructed on the spot during the question period. Structured
questionnaire are prepared in advance and not constructed on the spot
OF
during the question period. Additional questions may be asked only when
some classification is required. Certain questions for instance, questions
on age, martial status, number of children, nationality etc are
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yes/no type or multiple choice type, from which the respondent has his
CO
RE
interviews.
Types of questions
O
1. Open- end questions:- Open- end questions are questions with no
AL
alternative answers provided. Open- end questions are designed to permit
a free response from the subject rather than one limited to certain
G
alternatives. The distinguishing characteristic of open-end questions is
that, they merely, raise an issue but do not provide or suggest any
AN
structure for the respondent’s reply. The respondent is given the
opportunity to answer in his/her own terms and his/her own frame of
,B
reference. Open-ended questions are more flexible and provide rich
information than standardized ones. The researcher can follow up
W
answers to problem more deeply into what the respondent thinks. One of
the principal values of the open-end questions is its use as an exploratory
LA
tool before opinion has been solidified or before the research objectives
have been clearly defined.
2. Structured questions :- when answer to a question has been
OF
wording and in the same order to all the respondents. The reason for
CO
involved.
RE
negative and the two combined form the whole range of the answers.
4. Multiple choice questions :- closed ended questions are alternative
questions. In these questions the reply may be one among a number of
O
possible replies. Great care has to be taken to see that all the alternatives
AL
have been included. Generally, a new group known as others is included.
5. Leading questions :- When a reply to a question is suggested in a
G
particular direction, it is known as leading, suggestive or directive
question. There may be a bias in the reply. These type of questions should
AN
be used when there is no other option.
,B
The scientific socio-legal research, statistical survey method and case study
W
method are being used. The statistical method is used in the case of large scale
collection of facts. Case study method is more suitable for the study for fewer
LA
persons and to find out the root cause for a particular problem. Case study
,method is the oldest method. Frederic Le Play introduced this method in social
scientific investigation. Herbert spencer used this method in his comparative
OF
The term case study has been defined vividly by eminent persons. The term case
GE
According to Goode and Hatt case study is a way of organizing social data so
as to preserve the utility character of the social object being studied. Expressed
somewhat differently it is an approach which views any social unit as a whole.
N
According to James A.Black and Dean J.Champion, case studies are usually
characterized as thorough examinations of specific social settings or particular
-
RE
experience usually performed in the interest of describing some quality in the
experimental whole.
O
Robert K. Yin states The case study research method is an empirical inquiry
AL
that investigates a contemporary phenomenon within its real-life context; when
the boundaries between phenomenon and context are not clearly evident and in
which multiple sources of evidence are used.
G
AN
Characteristics of case study method
,B
habitual offenders or professional demonstrators, a concrete set of
relationship like the labour management relations, a specific process like
W
rehabilitation of the displaced or community, an institution or even an
entire culture.
LA
2. Case study aims at deep and detailed study of the unit. The unit is
considered as a complex whole and unique. Goode and Hatt have
OF
suggested the following measures to keep the wholeness of the unit:
• A broad array of data should be collected about unit.
• The data of sociological, economic, political and even biological aspects
GE
P.V.Young case study data may be gathered exhaustively on the entire life
cycle or on a definite section of the cycle of a unit but always with a view
of ascertaining the nature, history of the social unit and its relationship to
N
4. The number of units should be small. The number may vary from a single
unit to be a few dozen or even a few hundred.
AM
scientific syntheses.
7. The case study intends to find out the factors that account for the
RE
behaviour patterns of the given unit and its relationship with the
environment.
O
According to palmer any case has three important characteristics
AL
Characteristics which are common to every individual in the species to
which he belongs.
G
Variations of these common attributes which are characteristics of
groups within the species.
AN
Other characteristics which belong uniquely to the individual and
distinguish it from every other individual within the species.
,B
J.L. Feagin, A Orun and G.A. Sjoberg describe the following characteristics of
case study.
W
1. The case study strives towards a holistic understanding of cultural systems of
LA
action. Cultural systems of action refer to sets of inter-related activities
engaged in by the actors in a social situation.
OF
2. The case studies must always have boundaries.
4. case studies tend to be selective, focusing on one or two issues that are
fundamental to understanding the system being examined.
LE
5. case studies are multiperspectual analysis. This means that the researcher
L
considers not just the voice and perspective of the actors, but also of the
relevant groups of actors and the interaction between them.
CO
found elsewhere but it is not different from other units in all respects.
c. Socio-legal phenomena is not only a total whole, it is very complex also.
AM
Conclusion
AL
The central design of legal research no a days is the collecting of datas. During
RE
t he course of legal research, the scholar goes for different resources of
collecting datas. Generally there are two sources of data collection. The first
source is called primary and the second source is named as secondary. In case
O
of first source research scholar collect data through questionnaires and
AL
interview schedule. The method of questionnaires is applied in cases where the
datas are collected from large group of peoples widely scattered in different
G
parts of country. In questionnaires the methodology is applied in the manner
that the scholar generally mails to the respondents or is administered to a
AN
group of peoples at the same time by giving them appropriate forms of
questionnaire for seeking information of the problem.
,B
The schedule is format which is filled by the respondent during course of
interview where respondent and interviewer sitting together. The format of the
W
questions is filled up by interviewer in face to face interviewer. The wording of
LA
the questions are same for mostly all the respondents in both cases of data
collection. But difference lies on the point of advantages and disadvantages.
The choice of particular data collection depends on the nature of respondents
OF
and their situation of position. The relevant thing is that is both the cases data
collection on the questions should be clear unambiguous reliable and
communicable.
GE
LE
Introduction
L
CO
Legal research involves the analysis and interpretation of various codes, acts,
rules etc. and their implementation in the society. These constitute legal sources
of research study. Besides, the researcher is also required to collect supporting
N
practices, life style of the people, general public opinion about a particular law
and whether they have regard for it or not. Thus both, legal and non-legal
AM
source material are needed for a legal research keeping in view the methodology
to be adopted for pursuing the same.
The legal material for a legal research may consist of primary codes etc. which
-
AL
RE
also legal sources having secondary authority of law.
O
Meaning of legal materials
AL
Law is generally understood consists of legal rules principles maxims etc. by
the application for which decisions are given by courts in case before them for
G
adjudication. In earlier times, these rules and principles were considered as
deeply embedded in the customs of the society. However, with the evolution of
AN
legal positivism and sociological juridical thinking, the of custom as a source of
law was denounced and a view was propagated that it was only the law enacted
,B
by sovereign which was coherent and complete and it is through judicial
process that law is deductively applied by courts to determine the validity or
W
otherwise, of any existing rules of law. In course of time, it came to be
universally accepted that judge’s function is simply to apply existing law, which
LA
was called a living law or a valid legislative enactment. Thus, it was asserted
that judges do not make law but only apply it to cases before them for
application.
OF
The 20th century realist movement in United states brought about a radical
change in legal realm with the emergence of judicial process, which emphasized
GE
on the creative role of law in the society. The term judicial process may be
defined as an intellectual procedure by which judges decide cases in accordance
LE
Justice oliver Holmes, the former judge of the U.S. supreme court, summarized
CO
the functioning of law in society and held that law is what the court decides
through their judgements. He rejected the traditional theory that laws are rules
of unchanging rational principles. He emphasized the need to examine the
N
actual operation of legal rules in the society which find expression in judicial
EE
law-making. Justice Cardozo has accepted thee creative role of law and refused
to accept law as a self-sufficient and completely autonomous system.
AM
Discarding the traditional theory of law, justice Holmes observed that the life of
law is not logic, it is experience as the judges are much more influenced by the
-
public policies etc. than the mere logic of law in determining the rules by which
men should be governed. He therefore asserted that legal problems and issues
cannot be solved by bare application of logical rules of law but the
developments and changing trends in the society also need to be taken into
RE
consideration in the decision making process.
O
In the ultimate analysis, it may be said that the authoritative legal material
AL
consists of not merely rules, acts and principles of legal theories alone but also
includes decisions of the court based on principles of legally sound and valid
reasoning and judicial process of law-making. The material legal logic with
G
which the lawyers, jurists, legal theorists and researchers are concerned lies in
AN
the procedural and substantive soundness based on principles of just and fair
reasoning. A just and fair legal system must be open-textured in the sense that
new rules and principles can be created role of law in modern justice system.
,B
The judge’s creative role in setting the rational standards through their judicial
pronouncements cannot be undermined. Though they are supposed to interpret
W
the law and not to make law or deficiencies in a particular law to which the case
LA
in hand before them relates, and laydown guidelines or suggestions to be make
the law perfect.
1. Title
AL
2. Preamble
3. Definition clause
4. Headings
5. Marginal notes
RE
6. Sections
7. Punctuation marks
O
8. Illustrations
AL
9. Proviso
10. Exceptions
G
11.Explanations
AN
12.Savings clause
,B
13.Schedule
W
immediate effect. Such notifications require the gazette publications. It has the
LA
legal force when such publications are made. For implementation of
government orders the notification is required. It is said that democracy, its
power, moves through these notifications.
OF
Part I of the Gazette contains notifications relating to the resolutions and non-
statutory orders issued by ministers of govt of India etc,
L
Part II contains :- Acts, ordinances and regulations; Bills, reports of the select
CO
Patent office, statutory bodies and so on, are there in part III.
Though not all sections of the Gazette areof use for legal research, but a
-
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renders after due consideration of the evidence and arguments advanced before
him. It is intended to put a final end to the controversy involved in the matter so
O
that the dispute brought before the court by the parties is set at rest. Judgement
AL
can be defined as a means for delivery of justice. Sec 2(9) of civil procedure
code defines the judgement as a statement given by the judge on the grounds of
G
a decree or order.
AN
Whatever findings are reached by the judge at the end off the proceedings of an
original suit or trial, appeal or revision or any other wise proceeding in the
frame work of law is categorized as a judgement.
,B
The essential requirement of a good judgement or (structure of judgement ) are
W
as follows:-
LA
1. Beginning of the Judgement ( Title, name etc )
A judgement at the top of it should always contain the name of the court,
OF
title and number of the case. Case is being decided and also the name and
designation of the judge concerned. This is necessary so that it is known
as to case matters. The judgement pertains and has been decided by the
GE
court and judge. It should also contain the date of delivery of judgement
begin the brief introduction of the case history such as what is its nature,
whether it is trial or an original suit, appeal or revision etc. If it is not of
L
4. Decision
The judge should record his finding on each of the issue by supplying his
own reasons and giving topic for his doing so and not just accepting the
RE
case of one party or rejecting that of the other. The judgement should be
reasoned and should not be unnecessary longish.
O
AL
5. Operative part
Judgement will finally record the result of the determination either
G
granting relief or refusing to grant such relief in civil cases and convicting
or acquitting the accused in criminal case. In criminal case the quantum
AN
of sentence will be mentions.
6. Signature
,B
Name of judge, designation and date of signing.
e. Reports Of The Commission
W
In a present day society , the commission has assumed very significant role. The
LA
central as well as state government constitutes law commissions to examine and
propose reforms in the existing laws or to propose a new set of rules for a
situation already arisen or likely to arise in respect of which there is no law.
OF
After examinations of the laws, the commission submits its report to the
concerned authority. The report of such commission plays important role and
hence researchers must examine the proposal put forward by the commission
GE
and critically evaluate to what extent it is feasible or relevant for the proposed
law.
LE
The researchers, judges, legal practitioners, teachers and the students of law
CO
often involved in search of law to be applied to a case in hand. To find out such
materials, a systematic or an order search is required.
rule is drawn is a primary source. The rest of them are secondary sources.
EE
Primary sources are mainly legislations and precedents. They are found in the
AM
statutory materials and the case reporters respectively. The statutory materials
include legislative enactment of the union and state legislatures and subordinate
legislations framed by the executive from time to time.
-
AL
RE
sources, they may have some persuasive value and apply the same in the court
of law. Both primary and secondary source are available in a law library.
O
AL
Law library and how to use it :- Library is not just a place where books are
housed, but it is a place where books are classified and placed in an orderly
manner so as to provide easy access to the reader.
G
The law library is truly a vital factor in the administration of justice, an
AN
institution of extraordinary social significance in a free society.
,B
to use it. A reader begins work with textbooks and reference books. Books are
arranged in the library subject- wise and each book is assigned a number as per
W
the classification scheme adopted by the library. Two catalogue cards for each
LA
book are prepared. One card is prepared according to the subject or call number
and the other in alphabetical order of the authors and titles. A researcher first to
find out the catalogue card and then he would be able to find out call number of
OF
the book and from that he can easily reach the book. Therefore to find out a
book ascertaining the call number is essential.
GE
Law reports like AIR, SCC, SCR, SCJ are kept separately and arranged year
wise and in each case there are more volumes than one, then they are arranged
LE
are also housed in the library. These materials also arranged in a systematic
CO
In case of searching a case law, if we have a citation our task to search a case
N
law is lesser, where as, we have no citations then look forward towards either
EE
Apart from the legal materials available from primary and secondary sources, a
-
AL
RE
The methodology to be adopted for legal research inevitably involves the study
O
of variables such as societal norms and values and impact of relevant laws on
AL
the society. In short, legal research methodology encompasses within it legal as
well as non-legal sources combined together for proceeding with the research in
hand.
G
Briefly stated, a legal research methodology invariably involves the study of
AN
legal as well as non-legal source. The legal sources may be primary or
secondary. The primary legal sources material is to be found in codes, acts,
,B
rules, regulations, ordinances etc. whereas the secondary legal sources may law
reports, journals, treaties, commentaries, digests of cases, encyclopaedias etc.
W
The non-legal sources, on the other hand are to be found in customs, traditions,
practices prevalent in the society for which field investigation has to be
conducted by the researcher.
LA
Conclusion
OF
Legal materials are important source for lawyers, judges and teacher. As a
consequences legal materials are sources contains case study, enactment,
GE
Short notes
CO
a. Obiter dictum :- are the observations made by the judge which are not
essential for the decision reached. According to prof. Patterson, obiter
N
which has not been determined by the court. The latter may arise where
the court gives a preliminary ruling on a point of law on assumed facts,
the ruling of which can be regarded as ratio decidendi and the former are
purely obiter dicta.
RE
Obiter dicta are of merely persuasive efficacy. The observation of a judge
of great eminence must carry weight particularly if the observations are in
O
keeping with the provisions of an enactment. The weight accorded to
AL
dicta varies with the type of dictum. Mere casual expressions carry no
weight at all. On the other hand, dicta which have been acted upon over
G
the years may acquire increasing respect. A dictum may also be adopted
as the ratio decidendi of a subsequent decision and will then acquire the
AN
authority of that tribunal. A distinction may be drawn between obiter
dicta, those irrelevant to the case which are called gratis dicta and judicial
,B
dicta, those relevant to some collateral matter but no part of the ratio. The
latter will generally be more persuasive than the former. Thus,
W
pronouncements of law, which are not part of the ratio decidendi are
classed as obiter dicta and are not authoritative.
LA
Ratio and dicta tend to shade into each other. The rationes have law
quality and are binding on lower courts, the dicta too, have law-quality,
but are not binding at all. Though rationes of a higher court are binding
OF
b. Interview Method :-The interview is the oldest and most often used
L
both for the illiterate and the educated respondents. It is a face to face
EE
face to face, especially for the purposes of formal conference on some point.
According to V.M. Palamer, Interview constitutes a social situation between
RE
two persons. As a psychological process, it requires both individuals to
mutually respond. It is not a simple conversation between an interrogator and
informant. The latter’s gestures, galances , facial expressions and pauses also
O
reveal subtle aspects.
AL
John Madge points out that the interview is a purposive conversation. The
purpose may vary widely in order to include the necessary information.
G
According toPaulin v Young Interview is a systematic method by which a
AN
person enters more or less imaginatively into the life of a comparative stranger.
Brown and Ghiselli say The term interview stands for a generic concept which
,B
includes a variety of procedure used in collecting data through a person to
person contact between an interviewer and a respondent.
W
Goode and Halt say Interviewing is fundamentally a process of social
LA
intervention. Interview is a method of data collection mainly through the verbal
interaction between the respondent and the interviewer.
OF
Harder and Lindman say Interview consists of dialogue or verbal responses
between two persons or between several persons.
GE
Characteristics of interview
LE
Types of interview
a. Structured interview (formal, controlled, guided or direct interview) :-
RE
The interview based on the pre-determined questions and the
standardized techniques is called the structured interview. In interview
process everything is standardized. The response patterns are also
O
standardized. The questions will be mostly close-ended where the
AL
alternative responses are given for the choice of the respondents. In
structured interview, the questions, their sequences and their wording
G
are defined. Here the number and nature of questions are standardized.
AN
The structured interview has the greatest advantage of uniformity and
precision. It provides safe basis for the generalizations. Interviewer’s
,B
bias is restricted. It is more methodical and easy to administer. But the
rigidity of the process makes it mechanical, sometimes, defeating the
W
purpose itself.
LA
b. Unstructured interview (informal, uncontrolled, unguided or undirected
interview) :- The unstructured interview is based on flexible and non-
pre-determined questions. The interviewer bases his interview on the
OF
operations. The content, sequence and wording are entirely in the hands
of the interviewer. The interviewer is given more freedom to choose the
form depending on specific situations. It is generally held in form of free
LE
The wording and the sequence of questions are changed keeping in view
the response pattern. This type of interview lays emphasis on the purpose
rather than form. The discussions with respondents are more informal in
N
c. Report writing:- The legal research report is the statement that contains
AM
RE
A vast planning and preparation is necessary for writing the report. Writing
O
report requires considerable thought, effort, patience and penetration. Writing a
AL
legal research report is a technical activity which demand skills and patience
from the researcher. The report should focus on the target audience. Report
should be simple, interesting and lucid. Only hard and patient work on the facts.
G
Careful and critical assessment and intelligent planning of the organization of
AN
the report can facilitate the communication. There is no standard criterion for
the organization of legal report.
,B
Purpose Or Importance Of A Report
W
communication with the audience. The purpose of a report is to convey to
LA
the interested persons the whole result of the study in sufficient detail in
orderly manner. The main aim of the thesis writer is accuracy and truth.
He should conform himself to the validity of conclusions. The purpose of
OF
a report is thus the spread of knowledge, broadcasting of generalizations
so as to ensure their widest use.
GE
2. A report also creates ground for hypothesis and leads to further research
on the same or allied problems. The report will generally be conformed to
LE
meant for the general public but for their practical purpose. The
EE
sponsored persons are simply interested in the result and findings only.
AM
1. Cover page
-
2. Certificate
AL
RE
7. Chapter four : Major Findings, conclusions and suggestions
8. Annexure one : interview schedule, questionnaire, observation
O
schedule.
AL
9. Annexure Two: Bibliography
10. Annexure Three: Relevant documents, legislations, secondary data
G
AN
Report Writing
,B
2. Reliability of the report in the context of objectives.
3. Analysis of the report
W
4. Interpretation of data
5.
6. LA
Correct usage of citation, reference and bibliography
Chapterisation
OF
and
iii. Formation and control over notes; while organizing research notes, the
following points may have to be followed by the researcher
L
The outline of the report is the skeleton of the text. It should include all
AM
RE
4. Each paragraph should contain one major data.
O
AL
ARRANGEMENT OF IDEAS
G
2. The skillful writer leads his reader step by step through a well organized
analysis of problem
AN
3. Headings should be specific, brief and represent the content.
4. Logical relationship of various points can be brought out by appropriate
,B
headings and sub-headings.
5. There must be uniformity and consistency in the presentation of ideas.
W
STYLE AND LANGUAGE
LA
A research report is essentially a scientific document, and hence must be clear,
accurate and precise. Confusion, ambiguity, pretentiousness and pomposity
OF
must be carefully guarded against by a researcher. Generally, speaking, the
emphasis should be on clarity, correct exposition, expression and simplicity.
for clear thinking. There must be clarity of thought. Flows in style obstruct the
view or distract the reader.
LE
The language should be simple and faultless. Too frequently faulty sentence
structure, illogical paragraphing, poor punctuation, incorrect spelling and other
L
worthtless.
jargons.
.
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survey method and case study method are being used. The statistical
method is used in the case of large scale collection of facts. Case study
RE
method is more suitable for the study for fewer persons and to find out
the root cause for a particular problem. Case study ,method is the oldest
method. Frederic Le Play introduced this method in social scientific
O
investigation. Herbert spencer used this method in his comparative
AL
studies of different cultures.
The term case study has been defined vividly by eminent persons. The term case
G
means means a unit of study.
AN
According to P.V.Young case study is a method of exploring and analyzing of
life of a social unit, be that a person, a family, an institution, cultural group or
,B
even entire community.
According to Goode and Hatt case study is a way of organizing social data so
W
as to preserve the utility character of the social object being studied. Expressed
LA
somewhat differently it is an approach which views any social unit as a whole.
According to James A.Black and Dean J.Champion, case studies are usually
GE
experimental whole.
Robert K. Yin states The case study research method is an empirical inquiry
N
the boundaries between phenomenon and context are not clearly evident and in
which multiple sources of evidence are used.
AM
RE
specific process like rehabilitation of the displaced or community, an
institution or even an entire culture.
Case study aims at deep and detailed study of the unit. The unit is
O
considered as a complex whole and unique. Goode and Hatt have
AL
suggested the following measures to keep the wholeness of the unit:
A broad array of data should be collected about unit.
G
The data of sociological, economic, political and even biological
aspects that are relevant to the problem should be collected
AN
The unit should be studied as a representative type or index and not
purely as individual unit.
,B
The study should cover a continued period relating to the problem.
Case study covers a sufficiently wide cycle of time. According to
W
P.V.Young case study data may be gathered exhaustively on the entire
life cycle or on a definite section of the cycle of a unit but always with
LA
a view of ascertaining the nature, history of the social unit and its
relationship to the social factors and faces involved in its
environment.
OF
The number of units should be small. The number may vary from a single
unit to be a few dozen or even a few hundred.
GE
scientific syntheses.
CO
The case study intends to find out the factors that account for the
behaviour patterns of the given unit and its relationship with the
environment.
N
EE
which he belongs.
Variations of these common attributes which are characteristics of
groups within the species.
-
AL
RE
case study.
O
action. Cultural systems of action refer to sets of inter-related activities
AL
engaged in by the actors in a social situation.
G
3. case study research is not sampling research.
AN
4. case studies tend to be selective, focusing on one or two issues that are
fundamental to understanding the system being examined.
,B
5. case studies are multiperspectual analysis. This means that the researcher
W
considers not just the voice and perspective of the actors, but also of the
relevant groups of actors and the interaction between them.
Life history differs from pure historical narrative facts. While pure
narrative aims at narrating the facts only, life history aims at revealing
the meaning and significance of the events in the context of motivating
-
RE
impromptu conversations, dramatic productions, observation and
postexperimental interviews to more complicated processes like
experimental studies, a wide range of tests including hypnotic tests, tests
O
of ability, tests of aesthetic appreciation, emotional conditioning, social
AL
reaction to frustration, imaginal productivity and psychological insight,
etc.
G
AN
,B
W
LA
OF
GE
L LE
CO
N
EE
AM
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AL