PREFACE

As a part of the LL.M. Curriculum (as prescribed by The University Grants Commission) and in
order to gain practical cum research knowledge in the field of law, I’m required to make a project
report on prescribed topic as may be given by my guide cum teacher. Here, I have got the topic on
‘Discuss the role of legal research in social transformation in the light of socio legal research’. I
required making a report on the specified topic. The Basic Objectives behind doing this project
report is to get knowledge tools of the term and consequences of Research Methods and Legal
Writing.

In this project report I have included various concepts, socio legal implications of research,
effects and implications regarding Interpretation of words using society and law.

Doing this Project report helped me to enhance my knowledge with respect to Legal Writing
and regarding the endorsement and implications of applying socio legal aspects so as on which
undergoes with many experiences related to the concerned project topic.

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 RESEARCH METHODOLOGY

The research methodology used by me is completely Doctrinal Research Method and I have also
used SILC (Standard Indian Legal Citation) methodology in foot-noting in this assignment. I also
have followed the steps and assistance as provided by my subject teacher cum guide for doing my
Research Project Work.

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 Chapertization

S.NO. CONTENT PAGE NUMBER

01. Abstract 06

02. Introduction to Socio Legal Research 08

03. Interpretation of the word ‘LAW’ 09

04. Relations attributed for social transformation 10

05. The emergence of Socio-Legal studies 10

06. Challenges in Socio-Legal Research 11

07. Research Ethics 12

08. Problems of Plagiarism 12
09. Steps in the formulation of a research problem 13
10. Conclusion and Suggestions 14
11. Bibliography 15

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 Abstract

Society is never static but always dynamic and change is the supreme law of society. To keep pace
with this trend, every legislature responds to changing social, economic, political and other
conditions through the instrumentality of enacting new laws or repealing the existing laws with
reference to change in the society. Legal writing and research play a vital and significant role in
transformation of society also in very prominent and disciplined way. This project will examine the
effects and role of a statute by legal research through express declaration in a new statute or as a
result of irreconcilable conflict between an old law and a newly enacted law, eighter doctrinal or
empirical. This project will also endeavour to study the normal consequences, challenges and ethics
of research methodology and legal writing in line with the interpretations as given by various
scholars and precedents.

Keywords: Legal Research, Social Transformation, Socio Legal, Development, Challenges

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 OBJECTIVES

By doing this research, reader will be able to -

• Understand the perspectives of Socio – legal Research.
• Know the methods of Collection of data in socio-legal research.
• Identify the primary and secondary sources of data relating to socio-legal research.
• Understand original material sources of law and documentary.
• Acknowledge, Limitations of data.
• Apply socio –men try in socio-legal Research.

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 INTRODUCTION TO SOCIO-LEGAL RESEARCH

Socio-Legal Research or Study of socio legal pedagogy is an event where the science of law meets
with the science of society. This research requires a multidisciplinary approach to analyse and
interpret the law as well as the relationship of society and law, the legal phenomenon, the
relationship between those two and also their relationship with the society itself in its widest sense.
Socio-Legal Research has its practical, theoretical and methodological bases in the social sciences.
Law is an important aspect when it comes to any social investigation. As per Salmond, Law may
be defined as the body of principles recognized and applied by the state in the administration of
justice. This originates and functions in a society based upon the particular needs, rituals and
customs, traditions of the society and it also possesses the ability to greatly influence the social
structure and functions of any society 1. Therefore, just as researchers are clueless and hapless if
they have no knowledge of even the basics of the law, research methodology, legal system and the
various important if not all the law institutions, legal researchers too would be clueless and helpless
and would do no justice whatsoever to legal inquiry if they do not possess the basic knowledge and
are not aware of the mechanics of social research methods. In societies where the development is
planned and dynamic, law plays the role of a catalyst which helps and speeds the process of social
reform. Thus in a dynamic or developing society a legal researcher must adopt a multi-disciplinary
approach, including empirical as well as doctrinal way of research as the legal problems in the
society will be largely in connection with the social, economic, political and psychological issues.
The connection between law and contemporary social science emerged as a consequence of the
quest for social reform. As law became more instrumental, it also became more empirical, more
concerned with policy. For this process, it turned to social science. Social science complied and has
become an adjunct to law in the quest for solving social problems. As this partnership has
developed, the relationship between law and social science has matured. Not only has social science
sought to educate and influence law, it has also incorporated law into its own disciplinary concerns.
Furthermore, the field of socio-legal studies may be on the verge of establishing itself as a separate
and distinct discipline, independent of the practical concerns of law. The scholarly intersection of
law and social science - or socio-legal studies, as I shall call it - now speaks with at least three
voices addressed to at least three audiences. It speaks as policy analysis, a handmaiden to law. It
also speaks in the traditional language of the social sciences. Thirdly, it may be gaining a voice of
its own, reflecting a belief that law is a distinct form of ordering that merits its own position among

1. https://journal.rostrumlegal.com/the-role-of-law-in-social-transformation/

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the scholarly disciplines, separate from both scholarly fields and the professional concerns of law.
At their core, each of these enterprises entails a distinct voice, a distinct audience, and a distinct
agenda.
Law is an important variable in any social investigation. Researchers cannot do anything in
sociological research if they do not know at least the basics of law, legal system and law institutions.
Similarly, a legal researcher cannot do justice to the legal inquiry if he does not know about the
mechanics of social research methods. In a planned development of the society, law is playing the
role of a catalyst to help in the process of social change. In a dynamic society, a legal research must
switch over to multi or inter-disciplinary approach as the legal problems are connected with social,
political, economic, psychological issues.
Law and social transformation is a very unique concept which highlights the studies and changes
in social problems and their solutions through legal approach. Here “law changes the society” which
means that the law of the land compels the society to be changed according to the law. When dispute
arises the matter is brought before the judiciary, which applies the rule of law principle to change
either the existing custom or law. Secondly society changes the law it means that the law is made
by the society according to the requirement of the democratic institution. It can be brought out either
by legislating function or by adopting customs and practices1. Law has always been seen as an
instrument that could bring out social change. An attempt is made in this paper to emphasize that
though there are several devices to bring about a change and transformation in our society but for
law none can be considered as the most effective and safest method.

INTERPRETATION OF THE WORD 'LAW'

According to Blackstone, “Law is a rule of conduct, prescribed by the supreme power in the State,
commanding which is right and prohibiting what is wrong. Jurisprudentially law consists of rules
prescribed by the society for the governance of human conduct”. Law of any civilized country is
not denite, but changes according to the demand and circumstances of the society 2.
Roger Cotter views “Social change is held to occur only when social structure - patterns of social
relations established social norms and social roles changes”. Law not only lays down the norms
which are acceptable to a given society, it also lays down the norms, which the society should adopt
in the interest of its own welfare. The rules or code of conduct which a society develops by
experience shapes into law for the sake of uniformity, consistency, performance and sanction. An
acceptable norm thus becomes a law. The departure there from is condemned as crime in criminal
law but civil law becomes a code of conduct regulating the society.

2
https://www.legalserviceindia.com/legal/article-4045-nature-sources-and-schools-of-law-under-jurisprudence.html
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