Methodology of Feminist Legal Research

Feminist legal research involves an integrated method of research focusing on the problems of women in relation to law and legal system. It brings to the surface the subjugated knowledge about women’s experience, asks the woman question, raises consciousness for social transformation and initiates remedial action. The goal of feminist legal research is serving the interests of women by using inductive reasoning. It has historical background which became intensive since 1970s. A sound understanding of feminist perspective supports this kind of research. Various steps include asking the woman question, feminist practical reasoning, consciousness-raising action, and building of feminist knowledge. The latter in turn entails methods of rational empirical position, standpoint feminism, and post modernism. Since truth is a matter of one’s position and differs from person to person, various viewpoints should be considered. Reading between the lines, interdisciplinary approach and use of multi-method help this kind of research.

Multi-method Legal Research

Multifaceted study of law, owing to complex social problems attached to it, calls for the combination of several methods of research. Integration rather than isolated application of methods of research leads to multi-method legal research (MMLR). It combines doctrinal and non-doctrinal research, qualitative and quantitative research, and a combination of various methods within each. This method is highly valuable as it looks at law from different angles, uses interdisciplinary research, collaborates with community or stakeholders, and avoids undetected errors arising from the use of mono-method. The synergy of using deductive and inductive reasoning enhances quality of research. The procedure of MMLR is not rigid. Therefore, research design should consider the suitability of combination; combination of methods should be linked with theory; sequential or simultaneous application of multiple methods should be carefully executed; and management of MMLR should be smooth. MMLR’s use in research on vulnerable groups, development issues, and biographical and behavioural studies is of great importance.

Quantitative Legal Research

Study of statistical data becomes inevitable because of the far-reaching socio-economic dimensions, demographic factors, and political implications of law’s operation. Quantitative legal research (QLR) insists on scientific measurement of the phenomena and appropriate generalization based on data analysis. The growing importance of QLR can be found in the policy making and implementing function of legislature, judiciary, and administration, and in the works of the Law Commission, policy researchers, and legal academicians. Designing of QLR entails framing of research questions, hypothesis formulation, and testing of the hypothesis in light of the statistical data collected. The sample size should be statistically appropriate and collection, organisation, presentation, analysis, and interpretation of data in QLR needs to be systematic. Analysing quantitative data by focusing on proportion, central tendency, and deviation enables to observe trends.

Tools of Data Collection in Empirical or Non-doctrinal Legal Research

This chapter maps the data collection tools employed in empirical legal research: observation, focused group discussions, case study, survey, and questionnaire. Discussing observation, one of the oldest and commonly used tools in social and natural sciences, it points out the benefits of observing the people in their natural setting and actions as is done in ethnographical study: conversation through interview unearths personal perspectives, beliefs, feelings, and attitudes of the interviewee. Focused group discussion is similarly used to amass valuable information from a group of people having specific experience on a topic. Case study through intensive study of individuals, institutions, instances holds the lens to the life of social unit. On the other hand, survey method takes a general view of population or community by door to door data collection, its prominent type being census. Questionnaire is a popular method of data collection by framing and communicating list of relevant questions on research topic, collecting responses and analysing them. The chapter ends by stressing on how the instruments of data collection should be carefully and objectively employed through proper procedure.

Objectivity, Value Neutrality, Originality, and Ethics in Legal Research

Discipline in thinking, attitude, approach, and action in the course of research activity is the topic of the third chapter. Objectivity as a major concern of legal research demands that the researcher develops views on the basis of relevant reasons and shuns irrelevant ones. Examining every question with care, thoroughness, and reason by relating to truth and welfare brings objectivity. Value neutrality is another mindset a researcher should enshrine. Impartiality and sincerity in commitment to truth are its features. But constitutional values influence the decision-making process. Originality is another virtue that should be deliberately cultivated by reflecting over the questions and introspecting about the outcomes. The chapter takes up the issues of ethics in legal research, its evolution, need, and reach, and the researcher’s ethical obligation towards informers, society, funders, and fellow researchers. Why and how to avoid plagiarism and how to develop independent thought is also discussed in the chapter.

Thinking Process in Legal Research

The second chapter discusses the way and means of carrying out the thinking process in legal research. Thinking is always in response to memory or a situation that the mind comes across. The three important processes of thinking laid down by scholars are: reflective thinking, epistemological steps, and the scientific method. Each poses central research questions in response to problematic situations or difficulties and tries to find answers by expanding the thinking process. The formulation of a tentative answer called hypothesis, working about its viability in light of exhaustive collection of data, and drawing inferences are the phases of the research process. There are subtle differences and common features amidst these approaches, which the present chapter closely compares and contrasts. It also discusses the relation between fact and theory, the differences between deductive and inductive reasoning, and the method of correlating and applying them in the course of legal research.

Legal Writing Based on Research

Like other forms of legal writing, such as client-related writing for litigation and transaction purposes and norm-creating legal writing in the form of legislation and judgments, academic legal writing based on research has great importance for legal development. Its forms include research report, article, notes/comments, and book review. Clarity of expression, continuity of thought, coherent presentation, and readability are the ideals to be attained. Formulation of ideas by responding to data and perspectives of legal ideals is a good starting point for preparation of a draft. Sketching the outline or synopsis or writing an abstract provides some shape to the draft thesis. Writing with originality and by due acknowledgement of sources; maintaining fairly high level of discussion; and writing without bias, deviations and repetition contribute to quality writing. Finally, post-draft refinement should address the issues of avoiding errors of language, subject, and technicality of references.

Philosophical Research in Law

In spite of being abstract in higher levels of reasoning, the philosophical approach to legal research is expected to be rooted in social realities. Both at the lower and higher levels of jurisprudence, and in specific and general research inquiries, the possible assistance that can be gathered from philosophical research is substantial. By delineating its key features, and by abstracting instances through reverse engineering, the indispensability of philosophical research in law is highlighted in this chapter. Inter-disciplinary analysis is necessary to demonstrate the potential for facilitating the development of the legal system through employment of tools and processes such as intuitionalism, dialectical method, and reflective thinking. Deconstructing the philosophical research in law through the lens of adjudicative and norm-building processes has practical advantages. Thus, philosophical research is an indispensable instrument in the toolbox of a legal researcher.

Action Research in Law

Being action-oriented and having competence to bring specific consequence, law’s course of action can be part of research. A legal researcher need not be a dumb spectator to violation of rights and occurrence of injustice. By collaborating with the affected community or civil society the researcher assists in getting remedy to the affected. It involves democratic process, inter-disciplinary approach, and judicial activism. Designing for action research envisages gathering of diverse experiences of participants, discussion about the future, projection of collective vision, contemplation of alternative approaches, and initiation of action. There are varieties of participatory models and tools for action research ranging from interactive dramas, investigative journalism, and cafe conversations. Analysing how action research in law helps in protection of human rights, the chapter highlights the application of action-oriented research for protection of human rights in international instruments, public interest litigation, actions of human rights commissions, and NGOs for human rights.

Comparative Method of Legal Research

The relevance of comparative legal research (CLR) consists in comparative evaluation of human experience occurring in legal systems of different jurisdictions. It involves a logical and inductive method of reasoning. It is valuable as it brings out the advantages and disadvantages of different approaches, procedures, and institutions. It has a long history and strong tendency of growth in contemporary times. Appropriate choice of comparative components and choice of the criterion of comparison become crucial for the success of comparative legal research. Functionalist study and cultural immersion give social dimension to the comparison. In the context of multicultural society and march of globalization, CLR has attained great scope and potentiality. Its limitations include inadequate understanding of the social background of other jurisdiction, language barrier, and so on. Its attainments are many in various fields of law.