SAMPLING METHOD IN DATA COLLECTION: A SOCIO- LEGAL RESEARCH

PERSPECTIVE

Legal Research Methodology

Submitted by

Tripti Kejriwal

UID: SF0117056

Year 1 & Semester 1

Faculty in-charge

Thanzakhup Tombing
Assistant Professor of Law

National Law University, Assam

Guwahati

1
 Table of Contents

1. INTRODUCTION 3-5
1.1. Literature Review 4
1.2. Aims and Objectives 5
1.3. Scope 5
1.4. Research Questions 5
1.5. Research Methodology 5

2. SAMPLING: AN ADAPTABLE TECHNIQUE 6

3. SAMPLING AS A SOCIO- LEGAL PERSPECTIVE 10

4. MERITS AND DEMERITS OF SAMPLING AND SOCIO- LEGAL SAMPLING

18

5. CONCLUSION 21

6. BIBLIOGRAPHY 22

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 CHAPTER 1

INTRODUCTION

Sampling may be defined as the selection of some part of an aggregate or totality on the basis
of which a judgement or inference about the aggregate or totality is made. In other words it is
the process of obtaining information about an entire population by examining only a part of
it. Sampling method is an important tool in the realm of social science researches.

This paper is concerned with an analysis of this technique with a view to explore the
possibility of its use in projects concerning law, judiciary and the vast hitherto untapped field
of legal research. Since it is sometimes difficult for any researcher to study the entire universe
or the total population (people or things) that he proposes to investigate, it becomes
incumbent upon him to select a portion of elements taken from the larger portion or
population. Such a portion is referred to as a sample and the process of drawing these
elements from the larger population or universe is called the sampling method. When a social
scientist is unable to observe or investigate a total population, he usually gathers data on a
part or a sample.

Sampling becomes necessary as some members of a population can never be studied directly
because of lack of accessibility, limited time or prohibitive cost, e.g., no one can perhaps
undertake a study of all the inhabitants in the world. It is also not necessary to study the total
population where certain problems require a destructive procedure that destroy the unit
tested, e.g., no more than a small quantity of blood out of the human body is required to test
for the presence of a rare disease.

Sampling method also furnishes a greater accuracy in problems where it is difficult to reach
all members of a population, e.g., where persons or individuals are widely dispersed or live in
relatively inaccessible areas. For these and other reasons, the researcher has to resort to the
use of sampling method. In most of the research work and surveys the usual approach
happens to be make generalization or to draw inferences based on samples about the
parameters of population from which the population are taken. So we can now define a
sample is any number of persons, units or objects selected to represent the population

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according to some rule or plan. The census method is the enumeration of all the numbers or
units of the population to get the idea of the population where as sampling is the method of
selecting a fraction of the population in such a way that it represents the whole population.
Sampling is used in practice for a variety of reasons such as
i) Sampling is cheaper than census method. It is economical too.
ii) As the magnitude of operations is small in case of sampling, so data collection and
analysis can be carried out accurately and efficiently.
iii) Sampling is the only way when the population is as large as the population of a
country.
iv) Sampling enables the researcher to make a precise estimate of the standard error
which helps in obtaining information concerning some characteristic of the
population. 1

1.1. Literature Review

1) Jai Narain Sharma; Research Methodology: The Discipline and its Dimensions:
This book has introduced me to social research and guided me to move on with my doctrinal
research. This book mainly attempts to steer a course between a simple anecdotal account of
research studies with their technical details, and set a broad generalization about research
methodology.

2) Sotirios Sarantakos; Social Research:

The book offers a relatively large amount of information in a relatively small space. It helped
a lot in contextualise social research and understand its nature and origin. This text also
integrates popular methods and methodologies, and covers a wide area of social enquiry. It
compasses the study of both qualitative and quantitative aspect of sampling.

3) Matthew David and Carole D Sutton; Social Research: An Introduction:

The content of this book gives an equal weighting to qualitative and quantitative approaches.
The book provides a solid foundation of knowledge and a framework for a small scale
research project.

1
https://socialresearchmethods.net/kb/sampling.php

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1.2. Aims and Objectives
The aims and objectives of this research are-
1. To study the concept of Sampling.
2. To study the concept of sampling in Socio- Legal perspective.
3. To study the merits and demerits of sampling and socio- legal sampling.

1.3. Scope
The scope of the research is limited to the study of Sampling as a method of data
collection in a Socio – Legal Perspective.

1.4. Research Questions

1. What is Sampling?
2. What is the concept of sampling in context to Socio- Legal Research?
3. What are the pros and cons of Sampling and Socio- Legal Sampling?

1.5. Research Methodology

In this project, the researcher has adopted Doctrinal type of research. Doctrinal research is
essentially a library –based study, which means that the materials needed by a research
maybe available in libraries, achieves and other databases. The research is totally based on
library and internet sources. Various types of books were used to get the adequate data
essential for this project. The researcher also used computer laboratory to get important data
related to this topic. Help from various websites were also taken.

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 CHAPTER 2

SAMPLING: AN ADAPTABLE TECHNIQUE

The sample survey provides a flexible method that can be adapted to almost every
requirement of data collection. The case study does not provide for direct inference to a
population; the census does not require an inference because by definition it covers the entire
population. The sample survey covers many circumstances in which inferences about
population are required, but a census is either not possible or desirable. The advantages of
sample surveys are usually summed up as follows:
1) Economy: This includes economy of cost and of time because only a limited number of
units have to be examined and analysed.
2) Accuracy: The quality of the data collected should be better because the quality of
enumeration and supervision can be higher than in a census. This improvement will
generally more than offset the variability in the results arising from the sampling process.
3) Adaptability: 'Many topics, particularly those involving detailed transactions of
individuals or households, cannot conceivably be covered by a census. A sample is the
only mode of inquiry available.
4) Feasibility: The administrative feasibility of a sampling plan as compared to the complex
organisation required for a census of the total population.

Sampling methods can be applied to many kinds of data. They are being used to an increasing
extent for the routine collection of economic statistics. Statistics of agriculture, production
and distribution are obtained from both census and sample inquiries. For these surveys,
samples of farms, factories and shops are taken. They provide information about output and
turnover, changes in stocks and capital equipment, employment and earnings, and the prices
at which various goods and services are bought and sold. Sampling methods can also be used
to know people's reaction and response to some controversial bill or piece of legislation, or
lawyers' reaction to any judgment of a court or the possible consequences or implications of a
court decision to constitutional provision in a given situation.2
Sampling Error

2
https://www.scribd.com/presentation/94397904/Sampling-Methods-Ppt

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Although one of the advantages of the sampling method is to save both time and money and
to obtain information that could not be obtained in any other way, the method is not free from
errors. As the samples include a few members of the group or population which is being
sampled, necessarily excluding the others, information from samples is unlikely to be
completely accurate. A sample average, for example, will almost certainly differ from that
which would have been obtained from the whole population, had such an inquiry been
possible or undertaken. This difference is known as the sampling error, and the usefulness of
the sample results must depend on the size of this error and the possibility of measuring it.
The size of these errors depends on three factors: First, the size of the sample. Results from
large samples are generally more reliable than results from small samples. Second, the
variability of the population or group from which it is taken. Thus, if the members of the
population are all alike, any and every sample will give the same result; but the more the
members of the population differ amongst themselves, the greater the error that can be
introduced into the sample by the inclusion of some individuals and the exclusion of others.
Third, the way the sample is chosen. Obviously a researcher requires a sample which is free
from bias and representative of the population of which it is a part. This can only be achieved
in practice by using some form of random or scientific sampling.3

Choice of Samples
There are many ways of choosing samples for the collection of social and legal data. The best
method for any particular inquiry will depend on both the nature of the population to be
sampled, the time and money available for investigation, and the degree of accuracy required.
It should, however, be emphasised that a sample ought to be representative of the population
under study. Essentially, inference from sample to populations is a matter of confidence that
can be placed in the representativeness of the sample. A sample is representative to the
degree to which it reflects the characteristics of a population. It must also be stressed that the
representativeness of a sample is difficult, if not impossible, to check. It is dependent upon
the degree of precision with which the population is specified, the adequacy of the sample
and the heterogeneity of the population. Confidence in the representativeness of a sample is
increased if the population is well defined. In another way adequacy of the sample is also an
important consideration in case a very small sample is taken. To be adequate a sample must
be of sufficient size to allow the researcher to have confidence in the inference. Finally, it

3
Rattan Singh, Legal Research Methodology, LexisNexis, 2013 , p. 116,117.

7
must also be stated that representativeness depends on the degree of homogeneity of the
population. The more alike the units of the population, the smaller the sample can be and still
be representative. To choose a representative sample is a most difficult exercise in the
sampling process. A majority of persons are subject to conscious or unconscious bias or
prejudice which causes them to choose a sample which is unrepresentative in some respect.
There are many methods of choosing a sample. The most popular and commonly used is the
simple random sampling. The other more complex methods are stratified random sampling.
proportionate stratified random sampling. Disproportionate stratified random sampling. and
area or cluster sampling.

Sample Design and Survey

According to Professor Leslie Kish, sample design has two aspects: A selection process-the
rules and operations by which some members of the population are included in the sample;
and an estimation process (or estimator) for computing the sample statistics which are sample
estimates of population values. The overall design of surveys includes other important
aspects that can be called jointly the survey objectives. They are:
1) The definition of the survey variables should specify the nature of the characteristics, the
rules of classification categories, and the units for expressing them. It must also specify the
extent and content of the survey population.
2) The methods of observation (measurement), including both data collecting and data
processing, give operational meaning to the survey variables and determine the nature of the
survey data.
3) The methods of analysis, statistical and substantive, reduce the survey data to results that
can be comprehended and utilised.
4) The utilisation of survey results may someti
mes take the form of specified decisions, based on these results and other relevant
information. More frequently, the results become part of the public fund of knowledge, and
the researcher has' only vague understanding of the future use of his results. 4
5) The desired precision of survey results may be clearly stated for samples designed for a
specified statistical decision.

4
Purohit, Mona, Legal Education and Research Methodology, Central Law Publication, Allahabad, 2010, p.127.

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More often the survey aims are many and vaguely stated, yet the researcher can find some
broad limits of desired precision. Commonly, however, instead of specifying precision, the
researcher must work from a reasonable allowed expenditure and adjust accordingly the aims
and the scope of the survey. This occurs in the design of surveys with many objectives, none
of which is of predominant importance.

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 CHAPTER 3

SAMPLING AS SOCIO LEGAL RESEARCH PERSPECTIVE

Every research begins with a question or a problem of some sort. The aim of socio legal
research is to discover answers to meaningful questions through the application of scientific
procedures. Accordingly, as one form of scientific procedure in carrying out research, there
are six major steps in research.
These are:

1. A statement of purpose made in the form of formulation of the problem.

2. A description of the study designs.
3. Designing of the technique of sampling.
4. Speculation of the methods of data collection.
5. Classification and tabulation of data.
6. Conclusions and interpretation, i.e., Report writing.

Sampling Method is an important tool in the realm of social legal research. This is concerned
with an analysis of this technique with a view to explore the possibility of its use in projects
concerning law, judiciary and the vast hitherto untapped field of legal research. Until we have
discussed the uses of sampling method in social science in non-mathematical terms.
However, any research survey through sampling requires elementary facility with statistical
terms. There are certain standard formulas relating to the drawing of sampling, determining
sampling errors and multistage sampling which have to be invariably used in computation of
data. 5

Thus, in recent times more and more social scientists have been using sampling analysis for
investigations into political and legal problems. However, many researchers believe that the
question whether or not quantitative techniques can fruitfully be so applied, is essentially an
empirical one and can be resolved by experiment.

5
Ahuja, Ram, Research Methods, Rawat Publications, New Delhi, 2001, pp. 113, 114.

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It is also not possible to have a perfect solution to social or legal problems through the
employment of quantitative or sampling method. In the realm of legal research, C.H.
Pritchett's Roosevelt Court had aroused good deal of interest of the proponents of the use of
mathematical analysis, which centred around the possibility of using sampling techniques to
classify the justices, to predict their decisions or otherwise to analyse their actions. Later Fred
Kort, in his article "Predicting Supreme Court Decisions Mathematically: A sampling
Analysis of the 'Right to Counsel' Cases has succeeded in reducing the supreme court
relations in the state "right to counsel" cases to a mathematical formula which perfectly
predicts the court's decisions. Not only Kort was successful in predicting twelve out of
fourteen decisions considered-the other two lay in a zone of uncertainty, he was also
successful in predicting the outcome of a case which arose after the publication of his article.6

As a critique of Kort's use of quantitative and the sampling method, Fisher, however,
observes that despite Korr's success, "other cases cannot be predicted with any assurance",
since we cannot be sure that a factor, concerning whose weight we have no information, will
not be important enough to alter the decision.

Assumptions underlying in socio-legal sampling

The problem of sampling is the third important stage in the field of social research, including
the legal research method. It is physically and financially not possible for the researcher to
contact each and every person coming under the purview of a social problem. For example, if
the legislatures want to enact a special criminal law prohibiting Domestic Violence in
Ethiopia, they will assign the responsibility of conducting a social inquiry to a social
scientist/ legal researcher. Then, the social scientist/ the researcher, carrying out a research on
the basis of sample data/facts, will come up with recommendation to the issue of the need to
enact the law. You can also think, as how much it is difficult to collect relevant
information/facts/cases from all levels of Federal and Regional Courts to carry out a research
on a selected topic, such as the role of Ethiopian courts in the protection of Women/Child
right, unless the researcher uses sampling technique.7

6
http://home.iitk.ac.in/~shalab/sampling/chapter11-sampling-systematic-sampling.pdf
7
http://www.san.ed.ac.uk/__data/assets/pdf_file/0008/67274/Theory_and_Method_in_Socio-
Legal_Research_Lange_-_Oxford.pdf

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Further, it may not be possible to know the names of all those concerned. Exhaustive and
intensive study also rendered impossible because of the large numbers. Above all, the main
advantage of opting for a sample is that it gives significantly correct results with much less
time, money and material. Sampling also becomes necessary as some members of a
population can never be studied directly because of lack of accessibility, limited time or
prohibitive cost, e.g. no one perhaps undertake a study of all the inhabitants in the world.
Taking this natural truth and practical problem into consideration, sampling is an important
aspect of life in general and research/enquiry in particular. We make judgments about people,
places, institutions and things on the basis of fragmentary evidence. Samples are assumed to
represent the total population. Sampling considerations pervade all aspects of research and
crop up in various forms no matter what research strategy or investigation techniques we use.

Factors to be considered while drawing socio-legal sample

In selecting ways of choosing samples for the collection of social and economic data, the best
method for any inquiry will depend on both the nature of the population to be sampled, the
time and money available for investigation, and the degree of accuracy required. It should,
however, be emphasized that a sample ought to be representative of the population under
study. Essentially, inference from sample to populations is a matter of confidence that can be
placed in the representativeness of the sample. A sample is representative to the degree to
which it reflects the characteristics of population.8

It must also be stressed that the representativeness of a sample is difficult, if not impossible,
to check. It depends upon the degree of precision with which the population is specified, the
adequacy of the sample and the heterogeneity of the population. Confidence in the
representativeness of a sample is increased if the population is well defined. In another way
adequacy of the sample is also an important consideration in case a very small sample is
taken. To be adequate a sample must be of sufficient size to allow the researcher to have
confidence in the inference. Finally, it must also be stated that representativeness depends on
the degree of homogeneity of the population. The more alike the units of the population, the
smaller the sample can be and still be representative. To choose a representative sample is the

8
Sotirios Sarantakos; Social Research; Fourth Edition; Palgrave Macmillan

12
 most difficult exercise in the sampling process. The majority of persons are subject to
conscious or unconscious bias or prejudice which causes them to choose a sample which is
unrepresentative in some respect.

Major socio-legal sampling techniques:

There are various types of sampling plans which are usually divided into based on
probability/random samples/where the probability of the selection of each respondent is
known/ and on non-probability/non random samples(where it is not known). In probability
sampling, statistical inferences about the population can be made from the responses of the
sample. For this reason, probability sampling is sometimes referred to as representative
sampling. The sample is taken as representative of the population. In non-probability
samples, you cannot make such statistical inferences. It may still be possible to say something
sensible about the population from non-probability samples-but not on the same kind of
statistical grounds.9
Besides this broad classification, a number of methods are used for drawing samples, and
they can be grouped into the following:
(1) Simple random sampling;
(2) Purposive sampling;
(3) Stratified sampling:
(4) Quota sampling;
(5) Multistage sampling;
(6) Convenience sampling and
(7) Self selecting sampling.
These methods are categorized into the two broad classifications of sampling techniques.
Here, discussion of each method will be made classifying them under the umbrella of the
broad classification. Furthermore, other types of probability and non-probability sampling
methods will also be discussed. the phrases probability sampling and random sampling; and
the phrases non-probability sampling and non random sampling will be used interchangeably,
respectively.

 Probability/Random sampling techniques:

9
http://stattrek.com/survey-research/sampling-methods.aspx?tutorial=ap

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 As to the size of a sample, while probability samples allow you to generalize from
sample to population, such generalizations are themselves probabilistic. The larger the
sample, the lower the likely error in generalizing may be. Probability samples are classified
into the following five types of sampling methods:

a) Simple random sampling-This involves selection at random from the sampling frame of the
required number of persons for the sample. If properly conducted, this gives each person an
equal chance of being included in the sample, and also makes all possible combination of
persons for a particular sample size equally likely. So, random sampling is the form applied
when the method of selection assures each element or individual in the universe an equal
chance of being chosen. It is more suitable in more homogeneous and comparatively larger
groups. A random sample can be drawn either by lottery method or by using Tipett’s number
or by grid system or by selecting from sequential list.
b) Systematic sampling- This involves choosing a starting point in the sampling frame at
random, and then choosing every nth person. Thus if a sample of fifty is required from a
population of 2,000, then every fortieth person is chosen. The problem of simple random and
systematic samplings is, that both require a full list of the population, and getting this list is
often difficult.
c) Stratified random sampling- This involves dividing the universe or population into a
number of groups or strata, where members of a group share a particular characteristic or
characteristics(e.g. stratum A may be females; stratum B males). There is then random
sampling within the strata. It is usual to have proportionate sampling. It may sometimes be
helpful to have dis-proportionate sampling, where there is an unequal weighting. It is possible
to combine stratification with systematic sampling procedures. It is the combination of both
random sampling and purposive selection. In the selection of strata, we use purposive
selection method, but in selecting actual units from each stratum, random method is used.
d) Cluster/Area sampling- This involves dividing the population into a number of units, or
clusters, each of which contains individuals having a range of characteristics. The clusters
themselves are chosen on a random basis. The subpopulation within the cluster is then
chosen. This tactic is particularly useful when a population is widely dispersed and large,
requiring a great deal of effort and travel to get the survey information. An example might
involve school children, where there is initially random sampling of a number of schools, and
then testing of all the pupils in each school. This method has the valuable feature that it can

14
 be used when the sampling frame is not known (e.g. when we do not have full list of children
in the population, in the above example).
e) Multistage sampling- This is an extension of cluster sampling. This method is generally
used in selecting a sample from a very large area. It involves selecting the sample in stages,
i.e. taking samples from samples. Thus one might take a random sample of schools, then a
random sample of the classes within each of the schools, and then from with in selected
classes choose a sample of children. As with cluster sampling, this provides a means of
generating a geographically concentrated sampling.
It is also possible to incorporate stratification into both cluster and multistage
sampling. Judging the relative efficiencies of these more complicated forms of sampling, and
their relationship to the efficiency of simple random sampling, is difficult, and if you are
expending considerable resources on a survey it is worth seeking expert advice.

 Non-probability/Non-random Sampling techniques

In probability sampling it is possible to specify the probability that any person (or other unit
on which the survey is based) will be included in the sample. Any sampling plan where it is
not possible to do this is called 'non-probability sampling`. Small scale surveys commonly
employ non-probability samples. They are usually less complicated to set up and are
acceptable when there is no intention or need to make a statistical generalization to any
population beyond the sample surveyed. They typically involve the researcher using his
judgment to achieve a particular purpose, and for this reason are sometimes referred to as
purposive samples.
A wide range of approaches has been used. The first two, quota and dimensional sampling,
basically try to do the same job as a probability sample, in the sense of aspiring to carry out a
sample survey which is statistically representative. They tend to be used in situations where
carrying out a probability sample would not be feasible, where, for example, there is no
sampling frame, or the resources required are not available. Their accuracy relies greatly on
the skill and experience of those involved.10 The types of non probability sampling methods
will be presented in short as follows:

a) Quota sampling- Here the strategy is to obtain representative of the various elements of a
population, usually in the relative proportions in which they occur in the population. Quota

10
https://dspace.library.uu.nl/bitstream/handle/1874/23439/c2.pdf · PDF file

15
sampling is a special form of stratified sampling. According to this method, the universe is
first divided into different strata. Then the number to be selected from each stratum is
decided. This number is known as quota.
b) Dimensional Sampling- It is an extension of quota sampling. The various dimensions
thought to be of importance in a survey are incorporated into the sampling procedure in such
a way that at least one representative of every possible combination of these factors or
dimension is included.
c) Convenience sampling-It involves choosing the nearest and almost convenient persons to
act as respondents. The process continues until the required sample size is reached. It is
sometimes used as a cheap and dirty way of doing a sample survey. You do not know
whether or not findings are representative. This is probably one of the most widely used and
least satisfactory methods of sampling. This method is generally known as unsystematic,
careless, accidental or opportunistic sampling. According to this system, a sample is selected
according to convenience of the field workers or researchers. The convenience may be in
respect of availability of source list and accessibility of the units. It is used when universe or
population is not clearly defined, sampling unit is not clear or a complete source list is not
available.
a) Purposive sampling- The principle of selection in purposive sampling is the researcher's
judgment as to typicality or interest. A sample is built up which enables the researcher to
satisfy his/her specific needs in a research project. Accordingly, when the researcher
deliberately or purposively selects certain units for study from the population it is known as
purposive selection. In this type of selection the choice of the selector is supreme and nothing
is left to chance. It is more useful especially when some of the units are very important and,
in the opinion of the researcher, must be included in the sample.
b) Snowball sampling- Here the researcher identifies one or more individuals from the
population of interest (for e.g. selecting a few judges, prosecutors or advocates for interview
in conducting research on effectiveness and efficiency of the Federal judiciary system). After
they have been interviewed, they are used as informants to identify other members of the
population, who are themselves used as informants, and so on. Snowball sampling is useful
when there is difficulty in identifying members of the population, e.g. when this is a
clandestine group. It can be seen as a particular type of purposive sample. Both approaches
tend to be used in field work types of research, particularly in case studies and where
participant observation is involved.

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 CHAPTER 4
MERITS AND DEMERITS OF SAMPLING AND SOCIO – LEGAL SAMPLING

 Advantages/Merits of Sampling:
The sample survey provides a flexible method that can be adapted to almost every
requirement of data collection. It covers many circumstances in which inferences about
population are required. The advantages/merits of sample surveys are usually summed up as
follows: 11
(1)Economy: This includes economy of cost and of time because only a limited number of
units have to be examined and analyzed. Generally, sample study requires less money. The
space and equipment required for this study are very small, for it involves the study of a
smaller number of cases.
(2) Accuracy: The quality of data collected should be better because the quality of
enumeration and supervision can be higher than in a census. It ensures completeness and a
high degree of accuracy due to small area of operation.
(3) Adaptability: Many topics, particularly those involving detailed transactions of
individuals or households, cannot conceivably be covered by a census. A sample is the only
mode of inquiry available. (4)Feasibility: The administrative feasibility of a sampling plan as
compared to the complex organization required for a census of the total population.
(5)Organizational Facilities-Sampling involves very few organizational problems as is
conducted by few enumerators.
(6) Reliable Inferences-The data collected by well-trained investigators on a sample basis are
quite reliable.
(7) Intensive in nature-Since the area of the study is quite small a detailed and intensive study
is possible through this method.
(8) Vast Data- When the numbers of units are very large, or the units are scattered, sampling
technique is very useful, and can be conducted in a convenient manner.

Sampling methods can be applied to many kinds of data. For example, they can be used to
know people’s reaction and response to some controversial piece of legislation or lawyers`

11
Matthew David and Carole D Sutton; Social Research: An Introduction; Second Edition; Sage Publications

17
 reaction to any judgment of a court or the possible consequences or implications of a court
decision to constitutional provision in a given situation.

 Sampling error and Demerits of Sampling:

Although one of the advantages of the sampling method is that it saves both time and money
and obtains information that could not be obtained in any other way, the method is not free
from errors. As a sample includes a few members of the group or population which is being
sampled, necessarily excluding the others, the information from samples is unlikely to be
completely accurate. A sample average, for example, will almost certainly differ from that
which would have been obtained from the whole population, had such an inquiry been
possible or undertaken. This difference is known as sampling error, and the usefulness of the
sample results must depend on the size of this error and the possibility of measuring it. These
sampling errors are also aspects of disadvantages of the sampling method.

The size of these errors depends on three factors: First, the size of the sample. Results from
large samples are generally more reliable than results from small samples. Second, the
variability of the population or group from which it is taken. Thus, if the members of the
population are all alike, every sample will give the sample result; but the more the members
of the population differ amongst themselves, the greater the error that can be introduced into
the sample by the inclusion of some individuals and the exclusion of others. Third, the way
the sample is chosen. Obviously a researcher requires a sample which is free from bias and
representative of the population of which it is a part. This can only be achieved in practice by
using some form of random or scientific sampling.12

 Demerits of Sampling- Sampling technique have the following demerits:

(i) Less Accuracy- If the method of sampling is faulty, the conclusions derived from this become
inaccurate.
(ii) Difficulties in Selecting a Representative Sample- If the phenomena are of complex nature,
the selection of representative sample is very difficult.

12
Jai Narain Sharma; Research Methodology: The Discipline and its Dimensions; Second Revised Edition;
Deep and Deep Publications Pvt Ltd.

18
(iii) Changeability of Units- If the units are not homogenous, the sampling technique will be
hazardous and unscientific.
(iv) Need of Specialized Knowledge- The sampling technique becomes scientific and successful
when it is done by specialized investigators. If this is done by ordinary people the conclusions
derived from this technique may be biased and sometimes entirely wrong.

Importance of Sampling in Social /Legal Research-The sampling technique is very widely

used nowadays. Due to the following factors it has occupied an important place in social
research:
(1) With the help of this method a large number of units can be studied. When the area is
very large this method can be applied easily.
(2) This method saves a lot of time, energy and money.
(3) When all the units of an area are homogenous sampling technique is very useful.
(4) Intensive study is possible through this method.
(5) When the data are unlimited, the use of this method is very useful.
(6) When cent per cent accuracy is not required the use of sampling technique becomes
inevitable.

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 CHAPTER 5
CONCLUSION

Some Parameters of Application in Indian Context

There is no doubt that the sampling method provides a very important tool of research in the
field of legal studies. Many of our illustrious legal luminaries have been more concerned with
strict legal interpretations of court decisions or the letter of the laws and have almost
neglected this method for purposes of pursuing research in those aspects of legal and judicial
behaviour which could not be interpreted in a metaphysical, philosophical or legal manner.

The sampling methods may help explore some new dimensions in legal research. It is high
time that appropriate hypotheses with some due precautions are worked out by scholars in the
field to analyse the sociological and behavioural aspects of court cases, laws and the public
reaction to various pieces of legislation. Apart from analysing the judicial behaviour, the
method may be more fruitfully applied in suggesting the possible areas of judicial conflicts
among the perception of various judges correlating their socio-economic background with the
type of judgments given by them on controversial matters; measuring the favourable or
unfavourable public response to an impending piece of controversial legislation investigating
the effectiveness and the actual implementation of a particular law over a period of time;
inquiring into the attitudes and behaviour of juveniles, prisoners and the various categories of
criminals to the laws in force and towards police and judicial authorities; and exploring the
impact of various interest groups in the processes of law making. These are only some
suggestive ways in which the sampling methods can be used. Many more hypotheses could
be developed by discerning scholars that may lead to some highly sophisticated micro/macro
studies in the field of judicial and legal behaviour in our society.

With all its limitations, the sampling method does furnish a challenge to those who may have
or develop an interest in the quantitative approach to the study and research in the field of law
and judiciary. It is hoped that some scholars would be able to take such a dynamic view of
the unexplored dimensions of legal research.

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 BIBLIOGRAPHY

 Jai Narain Sharma; Research Methodology: The Discipline and its Dimensions;
Second Revised Edition; Deep and Deep Publications Pvt Ltd.
 Sotirios Sarantakos; Social Research; Fourth Edition; Palgrave Macmillan
 Matthew David and Carole D Sutton; Social Research: An Introduction; Second
Edition; Sage Publications
 https://dspace.library.uu.nl/bitstream/handle/1874/23439/c2.pdf · PDF file

 http://stattrek.com/survey-research/sampling-methods.aspx?tutorial=ap

 http://www.san.ed.ac.uk/__data/assets/pdf_file/0008/67274/Theory_and_Method_in_
Socio-Legal_Research_Lange_-_Oxford.pdf

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