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Table of Content Table of cases iii List of Abbreviations iv Research Objective and Methodology v Acknowledgement vi Chapter- I Introduction 1 1.1. Meaning of Research 1 1.2. Definitions 1 1.3. Objectives of Research 3 1.4. Research Methodology of Legal Studies 4 1.5. Meaning of Legal Resaerch 4 1.6. Characteristics of Legal Research 5 1.7. Socio-Legal Research 5 i

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Table of Content

Table of cases iii

List of Abbreviations iv

Research Objective and Methodology v

Acknowledgement vi

Chapter- I Introduction 1

1.1. Meaning of Research 1

1.2. Definitions 1

1.3. Objectives of Research 3

1.4. Research Methodology of Legal Studies 4

1.5. Meaning of Legal Resaerch 4

1.6. Characteristics of Legal Research 5

1.7. Socio-Legal Research 5

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Chapter- II Legal Theory 7

2.1. Introduction 7

2.2. Theory and Facts 8

2.3. Theory and Hypothesis 9

2.4. Theory and Law 9

2.5. Process of Theory Building 10

2.6. The role of Theory for Research 11

2.7. Contribution of Research to Theory 12

Chapter- III Hypothesis 13

3.1. Introduction and Meaning of Hypothesis 13

3.2. Definitions 14

3.3. Characteristics of a Useful Hypothesis 15

3.4. Sources of Hypothesis

3.5. Importance of Hypothesis 18

3.6. Types of Hypotheses 19

3.7. Different Forms of Hypotheses 21

3.8. Problems in Formulating the Hypothesis 22

3.9. How should the Researcher Ideally Formulate Hypothesis for Research? 23

3.10. Testing the Hypothesis 23

Chapter-IV Conclusion and Suggestions 25

Bibliography vii

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Table of Cases

Mc Dowell and Company Ltd. v. Commercial Tax Officer 4

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List of Abbreviations

1. AIR - All India Reporter

2. cit. - Citation

3. ed. - Edition

4. p. - Page

5. pp. - Pages

6. rep. - Reprint

7. rev. - Review

8. SC - Supreme Court

9. SCC - Supreme Court Cases

10. SCR - Supreme Court Reports

11. v. - Verses

12. vol. - Volume

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Research Objective and Methodology

In this project, I have tried to find out the importance and use of Hypothesis in any

legal research. I have based my research on the Doctrinal Method of Research, confining

myself to the library. Various books and commentaries on the subject have been referred. I

have also been guided by the case laws and also have referred to articles published in

various law journals and internet.

The research paper is Doctrinaire in nature. Sources: Primary (Non Doctrinal) as

well as Secondary (Doctrinal) sources of information has been utilized in the writing of

this research paper. Mode of Citation: A uniform mode of citation has been followed

throughout the paper.

Articles: [Author], [Title of Article], [Name of Journal], [volume number], [page

numbers on which article starts], [page number], [year of publication].

Books: [Author], [Book], [page number], [publisher], [place of publication] [year

of publication].

Web sites: [name of the site], [URL of the site], [date of researcher’s visiting the site]

I have divided my project in 4 Chapters. 1st Chapter deals with the Introduction of Research and Legal Research

2nd Chapter deals with the Legal Theory, its role, contribution and relation with hypothesis and law

3rd Chapter deals with Hypothesis, its character, sources, types etc.

4th and the last Chapter is the Conclusion.

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Acknowledgement

It is indeed a proud privilege to express my deep sense of gratitude and

indebtedness to our respected teacher and guide Prof. (Dr.) Vijendra Kumar, for his

valuable guidance, scholarly inspiration, which he has extended to me for the successful

completion of this endeavor. I humbly express my profound gratitude to him for his

valuable suggestions and guidance in Research Methodology and Techniques. I sincerely

acknowledge the help rendered by the Librarian and Staff of the NALSAR University,

Hyderabad whose cordial relations helped me for successful completion of project.

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CHAPTER-I

INTRODUCTION

1.1 Meaning of Research:

The word ‘Research’ is composed of two words, re and search. The dictionary

defines the former as a prefix meaning again, a new or over again and the letter as a verb

meaning, to examine, closely and carefully, to test and try or to probe. Together they form

a noun describing a careful, systematic, patient study and investigation in some field or

knowledge to undertake to establish facts or principles or one can also define research as a

scientific and systematic search for pertinent information on a specific topic.

Research in common parlance refers to a search for knowledge. One can also define

research as a scientific and systematic search for pertinent information on a specific topic.

In fact, research is an art of scientific, investigation. Some people consider research as a

movement, a movement from the known to the unknown. It is actually a voyage of

discovery. We all possess the vital instinct of inquisitiveness for, when the unknown

confronts us, we wonder and our inquisitiveness makes us probe and attain full and fuller

understanding of the unknown. This inquisitiveness is the mother of all knowledge and the

method, which man employs for obtaining the knowledge of whatever the unknown, can

be termed as research. There are accepted truth and theories in all the fields of knowledge.

The theories with differing levels of generality and degree of conformation existing

at a given point of time are known to all. The intellectuals of the society are always

inclined to probe for facts of the empirical world and confirm the proved truth of his

investigations by accepting or correcting the existing theories. Such probing is called

research. Thus, research is a systematic attempt to push back the bonds of comprehension

and seek beyond the horizons of our knowledge, some ‘truth’ or some ‘reality’.

1.2 Definitions:

According to the Webster’s International Dictionary,

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“Research is a careful, critical inquiry or explanation in seeking facts

or principles; diligent investigation in order to ascertain something”.1

According to Encyclopedia Britannica,

“Research is an act of searching into a matter closely and carefully,

inquiry directly to the discovery of truth and in particular the trained

scientific investigation of the principles and facts of any subject, based

on original and first hand study of authorities or experiment”.2

The Advanced Learner’s Dictionary of Current English lays down the meaning of

research as

“A careful investigation or inquiry especially through search for new

facts in any branch of knowledge”3

Redman and Mary define research as a “systematized effort to gain new

knowledge.’’4

In. their Encyclopedia of Social Sciences, D. Slesinger and M. Stephenson

considered the research as

“the manipulation of things, concepts or symbols for the purpose of

generalizing to extend, correct or verify knowledge, whether the knowledge

aids in construction of theory or in the practice of an art”.5

According to Manheim6,

“Research is the careful, diligent, and exhaustive investigation of a specific

subject-matter, which has as its aim the advancement of mankind’s

knowledge”.

According to Lundberg7,

“Research is a method sufficiently objective and systematic to make

possible classification, generalization and verification of the date

observed”.

Thus we can say that the research is a critical and exhaustive investigation or

experimentation having as its aims the revision of accepted conclusions in the light of

1 Webster’s International Dictionary, 12th ed. 2006, p. 1016.2 Encyclopedia Britannica, vol. VI, 10th ed. 2001, p. 1241.3 The Advanced Learner’s Dictionary of Current English, 3rd ed. 1952, p. 1069.4 L.V. Redman and A.V.H. Mary, THE ROMANCE OF RESEARCH, 1st ed. 1923, p. 10.5 The Encyclopedia of Social Science, Vol. IX, 1st ed. 1930. p. 22.6 L. K. Manheim, Legal Research, 2nd ed. 1998, p. 118.7 J. H. Lundberg, RESEARCH METHODOLOGY, 4th ed. 1997, p. 123.

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newly discovered facts. In simple words, the research is any inquiry or search for fact or

truth. Investigation of every kind which is based on original sources of knowledge may be

said as research.

Though all these quoted definitions of Research are by different scholars, but there

are something common in all these definitions:-

a) Research is a kind of investigation, or examination.

b) Research is a purposeful endeavour. There is a purpose in every exercise of

research and especially it is called the Research problem.

c) All the above quoted definitions emphasize the need of a particular kind of

methodology in the conduct of the research.

In short, Research is the pursuit of truth with the help of study, observation,

comparison and experiment.

1.3 Objectives of Research:

The purpose of research is to discover answers to questions through the application

of scientific procedures. The main aim of research is to find out the truth which is hidden

and which has not been discovered as yet. Though each research study has its own specific

purpose, the purposes or objectives of research may broadly be classified as follows:-

1. To gain familiarity with a phenomenon or to achieve new insights into it (studies

with this object in view are termed as exploratory or formulative research studies);

2. To portray accurately the characteristics of a particular individual, situation or a

group (studies with this object in view are known as descriptive research studies);

3. To determine the frequency with which something occurs or with which it is

associated with something else (studies with this object in view are known as

diagnostic research studies);

4. To test a hypothesis of a causal relationship between variables (such studies are

known as hypothesis-testing research studies).

1.4 Research Methodology of Legal Studies:

Legal phenomena require their own research methodology. Such research

methodology may be applicable to subjects of International or Municipal law, evaluation

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of Acts of different countries, implementation and consequences of Codes and Acts of

different nations. Many statistical techniques and methods cannot automatically be

considered as useful in legal studies simply because they have proved useful in other

disciplines.

The nature of legal issues and the subject matter of law are radically different from

other sciences. Therefore the content of the propositions and explanations is also different.

The methodology of legal studies involves their own rules, interpretations and criteria for

admissible explanations as well as research designs, data-collecting techniques and data-

process routines. Legal studies lack the appropriate methods, tools and techniques suitable

for the legal issues. In most of the legal investigations, qualitative data has to be analyzed.

Hence this separate study of legal methodology is taken up.

1.5 Meaning of Legal Research:

‘Legal Research’ means research in that branch of knowledge which deals with the

principles of law and legal institution. The contents of various sources of law (legislation,

precedent, custom, etc.) change with the changing requirement of the society and if these

changes are not taken into account in interpreting the law, the existing law is bound to be

doomed. Therefore, the aim of the law is to regulate the human behavior in the present day

society and hence legal research is directed to the study of relation between the world of

law and the world that the law purports to govern.

In other words, the systematic investigation of problems of and matters concerned

with law such as codes acts etc. is legal research. Judges, lawyers, Law Commissions and

researchers constantly do research in law. They do make systematic research into the

social, political and other fact conditions which give rise to the individual rules. For

example, in the case of Mc Dowell and Co. Ltd. v. Commercial Tax Officer,8 Justice Chin-

napa Reddy presented his investigation and analysis of cases of tax avoidance in his

separate judgment. It is a research report of tax avoidance in terms of legal methodology.

Research area in law is related to pure law or law in relation to society.

Legal researchers do make systematic research into social, political and other fact

conditions which give rise to the individual rules, acts or codes. They also examine the

8 Mc Dowell and Company Ltd. v. Commercial Tax Officer, AIR 1986 SC 649: (1985) 3 SCC 230: [1985] 3 SCR 791.

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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 better knowledge and understanding

of any problem of legal philosophy, legal history, comparative study of law, or any system

of positive law – International or Municipal.

1.6 Characteristics of Legal Research: 1. The legal research deals with the social and behavioral phenomena. It studies

behavior of human beings as members of society, and their feeling responses,

attitudes under different circumstances.

2. Legal research is carried on both for discovering new legal facts and verification

of the old ones.

3. Legal research tries to establish causal connection between various human

activities. At the first causal look at various human behavior attitudes, moods

and temperaments, the presence of any system may appear to be an impossible

but a close research study is bound to disclose the truth, that most of them are

motivated by definite rules and universal laws.

4. Legal research tries to give solutions of legal problems.

1.7 Socio-Legal Research:

Law is not for law sake. Law is an instrument of social control. It originates and

functions in a society and for society. The need for a new law, a change in existing law and

the difficulties that surround its implementation cannot be studied in a better manner

without the sociological enquiry.

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.

Law and society are not divisible as water-tight compartments. They are

interlinked. Co-operative inter disciplinary research is required to deal with socio-legal

problems. Upendra Baxi says that the lawyer must know much of sociology and the

sociologists must know much of law.9 For any legal research, the research based on society

9 Upendra Baxi, SOCIO-LEGAL RESEARCH IN INDIA – A PROGRAM, 1st ed. 1975, p. 87.

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is an indivisible part of such research and hence the research shall be based on socio-legal

aspect.

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CHAPTER- II

LEGAL THEORY

2.1 Introduction:

The term ‘legal theory’ has been, for the first time, coined by W. Friedmann10 in

1945 when his ‘Legal Theory’ appeared and since then it has become popular. The term

‘legal theory’ is generally used in the sense as an evaluative and normative study of the

concept of law and its relationship with morality and justice which the law sub-serves.

Such a study of law involves value judgments of the social goals and of ideological and

sociological goals which the legal system is to conserve or cater.

Fitzgerald11 says that legal theory is an attempt to answer the question ‘What is

law’ in order to clarify the most of all legal concepts, the concept of law itself. It means

legal theory is essentially a theoretical evaluation and an objective inquiry of the basic

nature, meaning and purpose of law – not what legislature or court define in their day-to-

day affairs but of basic concept of law in order to ascertain whether and to what extent the

inter-relationship between law, morality and justice is necessary to determine the true

nature and functions of law.

Indeed, the essential task of legal theory is to examine and analyze the

philosophical notion of law which itself is confounded by divergent philosophical, political

and ideological controversies. The principal concern and attempt of legal theory is to

analyze what can be described as fundamental or core elements of the phenomenon ‘law’.

According to Finch, John D,12 “legal theory involves a study of the characteristic

feature essential to law and common to legal systems, an analysis of the basic elements of

law which made it law and distinguish it from other forms of rules and standards, from

systems which cannot be described as legal systems and from other social phenomena. In

fact, it is not possible to reach one dogmatic answer to the question: “What is law” or

10 W. Freedmann, LEGAL THEORY, 1st ed. 1945, p. 6.11 Morris L. Fitzgerald, HOW TO FIND THE LAW, 1st ed. 1977. p. 12.12 John D. Finch, THE TECHNIQUE OF ADVOCACY, 1st ed. 1986 rep., pp. 98-99.

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provide exclusive answers to many questions which are asked about its essential nature.

The nature of legal theory lies in a study of the light which theories may shed on the

distinctive attributes of law, by an examination of the relative merits and demerits of the

principal expositions of the subject.

2.2 Theory and Facts:

Theory refers to the relationship between facts or to the ordering of them in some

meaningful way. Theory is the gradual outgrowth of constructive study of the accumulated

stored facts empirically verified over a period of time, until from the plausible evidence

and demonstrable relations consistent generalizations or logical principles can be

formulated. In an empirical theory, facts play a very important role. Facts initiate and

create theory. Sometimes, facts point out new areas of the theory-making process. Only

facts help in clarifying theory invalidating it or discarding it altogether.

Facts and theory are closely related. Goode and Hatt13 observe,

“Theory and fact are in constant interaction. Development in one will lead to

develop in the other. Theory, implicit or explicit, is basic to knowledge and

even perception”.

Theories are always based on empirical facts but they are not identical. All theories

go beyond facts. But facts cannot claim to go beyond theories. All statements even if they

go beyond facts cannot be considered as theories. Theory relates to both observed as well

as unobserved phenomena. Theory comes at the end of the long process of research. But

facts remain at every stage of theory building. Facts are particularistic and specific whereas

theory in general. Facts have an empirical basis whereas the theory is partially empirical. A

theory has a comparatively higher status than facts.

Facts help to initiate theories. So theory refers to the facts or, to the ordering of

them in some meaningful way. Facts also lead to the reformulation of existing theory.

Facts also classify and identify theory. A theory becomes a fact when it is verified time and

again and its authority becomes unshaken.

Theory, inquiry and empirical fact are interwoven in a texture of operation with

theory guiding inquiry, inquiry seeking and insolating facts, and facts affecting theory.

13 Goode and Hatt, METHODS OF SOCIAL RESEARCH, 1st ed. 1985 rep., p. 110.

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2.3 Theory and Hypothesis:

Theory differs with the hypothesis in the following ways:

THEORY HYPOTHESIS

1. Theory is a generalization arrived at

after verification.

1. Hypothesis is formulated before the

facts are verified.

2. It deals with a broader range of facts. 2. It deals with comparatively narrow

range of facts.

3. Theory is an elaborate and tested

hypothesis.

3. It is a preliminary assumption adopted

for the explanation of facts which have

been observed only in cursory manner.

4. A theory implies a greater likelihood of

truth.

4. It is a tentative ‘if then’ proposition.

5. Theory is formulated on the results of

successful testing the hypothesis with

empirical data.

5. It is constructed from a casual

observation of a real-world.

6. Formation of theory is the end point of

the empirical study

6. Hypothesis is the starting point of

empirical study.

7. It is based on verified data. 7. It is based on logical assumptions

Sometimes the hypothesis actually emerges from the theory. It is a generalization

drawn from the theory itself. When it has been tested and found correct it becomes a point

to the theory itself. Thus, theory itself in its early form is only a hypothesis and the two are

interdependent upon each other.

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2.4 Theory and Law:

If the theory is again made to find an exact measurement and finally when the

theory can be put in form of a precise statement or equation and it is regarded as scientific

law. The law is a theory which is always true under the same set of circumstances.

The assembled facts are translated by the researcher into existing or newly invented

constructs. The constructs are in turn assembled into a provisional theory, which is

subjected to testing and verification to determine its soundness and validity. When the

theory is proved to, be sound and valid it is called as a ‘Scientific theory’ and considered as

a fact. When a series of scientific facts can be reduced to a precise statement that maybe

expressed in mathematical or statement form it is regarded as a law. When these laws are

related to socio-legal issues, they are called socio-legal laws.

2.5 Process of Theory Building:

The process of theory building starts with the observation of persons, groups, their

inter-actions or behavior, events, activities and such other factors. The researcher selects’

the aspects relevant to his problem, hypothesis or conceptual framework.

Formation of concepts is the third stage of theory-building process.

A concept relates to properties or attributes of a group of facts. On the basis of

operationally defined concepts or classification of data, the analysis begins. Classification

is the process of arranging the available data (relevant facts) under the conceptual

categories.

Analysis of data leads a researcher to the stage of drawing out generalizations. A

‘generalization is always conditional, define the specific, and can be falsified or repudiated

after newer facts are gathered. The next Stage in the theory-building is the making of

‘theory’ proper

There are four dimensions or parameters of the theory-building process: (i) validity,

(ii) testability, (iii) generality and (iv) conceptual frame work. Validity is closely related to

empirical reality of the attributes or traits found in factual events, groups and persons.

Conceptual framework helps the researcher to sort out events, activities or relation for his

study. Testability or verifiability requires the use of scientific method and standardized

techniques so that findings of the research may be either checked and tested or if needed,

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replicated by adopting the same procedure. A good theory must have consistency and

explanatory power. It should have both theoretical and practical utility.

Research and theory, as co-travelers must proceed towards continuous increments

of knowledge. Each has an important contribution to make the other.

2.6 The Role of Theory for Research:

The existing body of knowledge inspires the researcher to formulate varied theories

and to foretell what new observations would be revealed according to these theories.

Trying down, the abstract logical system (theory) to empirical facts is an on-going process

of legal science leading to consolidation of existing knowledge and addition of newer

dimensions to it.

Theory provides significant guidelines and trails for the conduct of research by

pointing to areas that are most likely to be fruitful that is areas, in which meaningful

relationships among variables are likely to be found.

The contribution of theory for research is in terms of increasing the meaningfulness

of the findings of a particular study by helping us to perceive them as special classes of the

operation of a set of more general or abstract statements of relationships rather than as

isolated bits of empirical information.

The linkage of the specific empirical findings to a more general concept has

another advantage. The theory by providing a rational behind the empirical findings

introduces a ground for prediction which is more secure than more extrapolation from

previously observed trends.

Whereas an empirical finding as a proposition referring to certain concrete

contextual manifestation of a phenomenon does not afford a basis for drawing diverse

inferences about what will follow, its reformulation or revamping in theoretical terms

affords to secured basis for arriving at the inferences about the varied positive

consequences.

In affording broader meanings to empirical findings the theory also confirms at

least, to their truth. A hypothesis is as much confirmed by fitting it into a theory as by

finding it into facts, because it then enjoys the support provided by evidence for all the

other hypotheses of the given theory.

Theory helps us to identify gaps, incur knowledge and seek to bridge them with

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intuitive impressionistic or extensional generalizations.

2.7 Contribution of Research to Theory:

The relation between theory and research is not a one-way relationship and since

the two interact, it should be useful to examine the role of empirical research in the

development of socio-legal theory.

1. Major functions: One major function of empirical research is to test or verify

hypotheses deducted from existing theories.

2. Research Initiates theory: Empirical findings emanating from research may

suggest new hypotheses and relationships, as well as point to hither-to-

unknown, thus leading to formulation of new theories.

3. Research helps recasting or theory: Through the repeated observations of

higher to neglected facts that empirical research helps and improves the

theoretical model.

4. Research refocuses theory: Empirical research may refocus theory by shifting

the interest of researchers to new areas. .

5. Research helps in clarifying theory: Empirical research develops and refines

concepts current in the discipline.

Theory and research may, for purposes of analysis, be conceived of as distinct

operations but as necessary complementary components of scientific endeavor, they cannot

but be together. Neither of them is complete without the other.

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CHAPTER-III

HYPOTHESIS

3.1 Introduction and Meaning of Hypothesis:

‘Hypo’ means less than or under and ‘thesis’ means idea or general opinion to be

defended by a person and thus ‘hypothesis’ means an idea formed beforehand which has

less value than the generally formed view.

A hypothesis is a statement temporary accepted as true in the light of what is, at the

time, known about a phenomenon, and it is employed as a basis for action in the search of

new truth. A hypothesis is a tentative supposition or provisional guess which seems to

explain the position under observation. Hypotheses primarily arise from a set of ‘hunches’.

A hypothesis is a shrewd and intelligent guess, a supposition, inference, provisional

statement as to the existence of some fact, condition or relationship relative to some

phenomenon which serves to explain already known facts in a given area of research and

to guide the research for new truth on the basis of empirical evidence. As a researcher

person or researcher do not bother about a phenomenon, a situation but he has a hunch to

form the basis of certain assumption or guesses. He tests these by collecting information

and through verifying. The verification process can have three outcomes. Hunch may

prove to be: a) right; b) partially right; or c) wrong.

Hence, a hypothesis is a hunch, assumption, suspicion, idea or assertion about a

phenomenon, relationship or situation, the reality or truth of which is not known. A

researcher calls these assumptions, statements or hunches hypothesis and they become the

basis of enquiry.

The testing of hypothesis is an important characteristic of the scientific method. It

is a prerequisite of any successful research, for it enables to get rid of vague approaches

and meaningless interpretations. It establishes the relationship of concept with theory, and

specifies the test to be applied especially in context of a meaningful value judgment. The

hypothesis, therefore, plays a very pivotal role in the scientific research method.

Lundburg aptly remarks: “The only difference between gathering data without a

hypothesis and gathering them with one is that in the latter case, we deliberately recognize

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investigation so as to prevent greater concentration of attention on particular aspects which

past experience leads us to believe are insignificant for our purpose.”14

Simply stated, a hypothesis helps us to see and appreciate (1) the kind of data that

must be collected in order to answer the research question and (2) the way in which they

should be organized most efficiently.

3.2 Definitions:

There are many definitions of hypothesis:-

According to Werkmeister15, “The guesses he makes are the hypothesis which

either solve the problems or guide him in further investigation”.

According to Goode and Halt16 “Hypothesis is a proposition which can be put to

test to determine its validity”.

Cohen and Nagel say17, “We cannot take a single step forward in any inquiry unless

we being with a suggested explanation or solution of the difficulty which originated it.

Such tentative explanations are suggested to us by something in the subject-matter and by

our previous knowledge. When they are formulated as propositions, they are called

hypothesis”.

According to George A. Lundburg18, “A hypothesis ia 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 the basis for action or

investigation”.

Mc Grigan19 has defined hypothesis as “a testable statement of a potential

relationship between two (or more) variables”.

According to Webster’s New International Dictionary of English Language, 1956,

“hypothesis is a proposition, condition or principle which is assumed, perhaps without

belief, in order to draw out its logical consequences and by its method to test its accord

with facts which are known or may be determined.”

Hypothesis provides direction to research. It directs an investigator to identify the

procedures and methods to be followed in solving the problem. The hypothesis is forward

14 Lundburg, op, cit, p.119.15 Werkmeister, EXPERIMENTAL DESIGN IN SOCIOLOGICAL RESEARCH, 1st ed., 1955, p. 210.16 Goode and Hatt, METHODS OF SOCIAL RESEARCH, 1st ed., 1985 rep., p.116.17 Morris Rapheal Cohen and Nagel, REASONS AND LAW, 1st ed., 1972, p. 155.18 Lundburg, op, cit, p.119.19 Gordon Mc Grigan, A GUIDE TO WRITING ESSAY & RESEARCH PAPERS, 1st ed. 1977, p. 221.

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looking. It may be a statement of relationship or it may specify the functions. For any

problem framing the hypothesis requires prior knowledge of the phenomena. We can frame

master hypothesis and subsidiary hypothesis.

3.3 Characteristics of a Usable Hypothesis:

The criteria for judging the usability of a hypothesis are none else than those that

help the hypothesis perform their designate functions vis-à-vis research and the growth of

knowledge. A good hypothesis is one which is testable and must be based directly on

existing data. It might even be expected to predict or anticipate previously unknown data.

According to Galtung20, there are ten dimensions of a useful hypothesis:

(1) generality, (ii) complexity, (iii) specificity, (iv) determinacy, (v) falsifiability,

(vi) testability, (vii) communicability, (viii) reproducibility, (ix) predictability, and (x)

tenability.

Goode and Hatt21 suggest the following characteristics of a useful hypothesis:

1) Specific: The hypothesis should not be too vague or engeneral. That is, all the

operations and predictions indicated by it should be spelled out. The possibility of

actually testing the hypothesis can thus be appraised. There is a general tendency to

select hypothesis that are too vast. It is better for the student to avoid such problem

and instead develop his skill up on more tangible notions. A hypothesis should

include a clear statement of indexes which are to be used.

2) Conceptually clear: The hypothesis should be properly expressed. The definition

and terms used in the hypothesis should be those which are commonly accepted

terms and not our own creations. If new terms have to be used their definition and

meaning in terms of already existing concept should be made clear.

3) Related to available technique: The hypothesis should be capable of being

verified. For this purpose we have to take into consideration the technique of study

that is available. Hypothesis should be formulated only after due thought have been

given to methods and techniques that can be used to measure the concepts and

variables incorporated in the hypothesis.

4) Related to body of theory: It is desirable that hypothesis selected must be in

continuation with theory already evolved. 20 Johan Galtung, THEORY AND METHODS OF SOCIAL RESEARCH, 1st ed. 1967, pp. 242-245.

21 Goode and Hatt, METHODS OF SOCIAL RESEARCH, SINGAPORE, 1st ed. 1985 (rep.), p. 116.

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5) Capable of empirical test: The hypothesis should be such as can be put to

empirical test. The concept embodied in the hypothesis must have empirical

correspondence. For example, “Bad parents be get bad children” is hardly a

statement that can qualify as a usable hypothesis. Empirical test is the basis of

objectivity which is so essential for any scientific method.

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 hypothesis about it. The

hypothesis should be simple and to the point.”

7) Closest to the things observable: Cohen and Nagel rightly remark, “hypothesis

must be formulated in such a matter that deduction can be made from it and that

consequently a decision can be made from it and that consequently a decision can

be reached as to whether it does or does not explain the facts considered”22

8) It should be expressed in a quantified form or be susceptible to convenient

quantification.

9) It must be stated in such a way as to allow it to be refuted.

10) It should be non-contradictory one.

3.4 Sources of Hypothesis:

The source of hypothesis is managerial analysis. A hypothesis provides the basis for

investigation, and ensures the proper direction in which the study should proceed. It

facilitates the collection of adequate facts, and helps one to arrive at appropriate

conclusions, suggestions and observations.

Goode and Hatt23 have given the following sources of a Hypothesis:

1) A General Culture: The general pattern of culture helps not only to formulate a

hypothesis. But also to guide its trend.

2) Scientific theory: Theory gives us the basic idea of what has been found to be

correct and the knowledge of theory leads us to form further generalizations, and

these generalizations form the part of hypothesis.

3) Analogies: Sometimes a hypothesis is formed from the analogy. A similarity

between the phenomena is observed and hypothesis is formed to test whether the

two phenomena or similar in any other respect.

22 Cohen and Nagel : p. 207.23 Goode and Hatt, METHODS OF SOCIAL RESEARCH, 1st ed. 1985 (rep.), p. 116.

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4) Personal experience: Hypothesis is formulated according the way in which an

individual reacts to culture. Science and analogy. The facts will be true but the

hypothesis may be formulated when a rightful individual sees it in a rightful

perspective.

Wilkinson and Bhandarkar24 give the following major sources of hypothesis:

1) Tile history of science provides an eloquent testimony to the fact that personal

experiences of the scientist contribute a great deal to the type and form of questions

he may ask.

2) Analogies are often a fountain head of valuable hypotheses. Analogy may be very

suggestive but care must be taken not to accept models from other disciplines

without a careful scrutiny of the concept in terms of their applicability to the new

frame of reference in which they are proposed to be used.

3) Hypothesis may rest also on the findings of other studies. The findings of such

studies may be formulated as hypothesis for more structured studies which aim at

testing the hypothesis.

4) A hypothesis may stem from a body of theory which may lead by way of logical

deduction, to the prediction that if certain conditions are present, certain results will

follow. A theory represents what is known; logical deductions from this constitute

the hypothesis which must be true if the theory is true. Dubin aptly remarks,

“Hypothesis is the feature of the theoretical model closest to the ‘things observable’

that the theory is trying to model.”25 and

5) Value-orientation of the culture in which a science develops may furnish of its

basic hypothesis.

The sum and substance of the discussion is aptly reflected in Larrabee’s remark that

the ideal source of fruitful and relevant hypothesis is a fusion of two elements: past

experience and imagination in the disciplined mind of the scientist.26

3.5 Importance of Hypothesis:

Hypothesis has a very important place in research although it occupies a very small

place in the body of the thesis. It is almost impossible for a researcher not to have one or

24 Wilkinson and Bhandarkar, METHODOLOGY AND TECHNIQUES OF SOCIAL RESEARCH, 9th rev. ed., 1992, pp. 211-215.

25 Dubun, Robert: THEORY BUILDING, p.211-2.26 Larrabee: op.cit. p.172.

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more hypothesis before proceeding with his work. If he is not capable of formulating a

hypothesis about his problem, he may not be ready to undertake the investigation.27 The

aimless collection of data is not likely to lead him anywhere. The importance of hypothesis

can be more specifically stated as under:-

1) It provides direction to research. It defines what is relevant and what is irrelevant.

Thus it prevents the review of irrelevant literature and the collection of useless or

excess data.

2) It is a guide to the thinking process and the process of discovery. It is the

investigator’s eye in seeking answers to tentatively adopted generalization.

3) It focuses research. It serves as a necessary link between theory and the

investigation.

4) It prevents blind research, prevents indiscriminate gathering of data which may

latter prove irrelevant to the problem under study.

5) It sensitizes the individual to facts and conditions that might otherwise be

overlooked.

6) It places clear and specific goals before us. These clear and specific goal provide

the investigator with a basis for selecting samples and research procedures to meet

these goals.

7) It serves the important function of linking together related facts and information

and organizing them to wholes.

8) It serves as a framework for drawing conclusions. It provides the outline for setting

conclusions in a meaningful way.

9) It serves as a source of light in the world of darkness. In the words of Deobold D.

Van Balan, “A hypothesis serves as a powerful that can lights the way for the

researchers”.

3.6 Types of Hypotheses:

The kind of hypothesis can be explained in many ways taking the base on which

they are classified. One type of hypothesis asserts that something is the case in given

instance that the particular object; person or situation has a particular character. Another

type deals with the frequency of occurrences or of association among variables.

There are hypothesis stating relationships. Some specify functions and thirdly null

27 T.H. Huxley, cited Cohen and Nagel : p.197.

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hypothesis which study the existence of the relationship between the variables.

Hypotheses can be divided into two broad categories:

(a) Experimental and (b) non-experimental. Experimental hypotheses can again be

sub-divided into (i) existential and (ii) statistical hypotheses. Statistical hypotheses

may be further categorized as (i) null hypotheses, and (ii) constructive experimental

hypotheses. The constructive hypotheses can be negative or positive. Non-

experimental hypotheses are of three forms; (i) simple level (ii) complex level and.

(iii) functional level hypotheses.

P.V. Young has divided the hypotheses into three broad categories; they are:

1) Uniform: Uniform hypotheses relate to the existence of empirical uniformities.

They are commonsense propositions and merely show regularities.

2) Complex: The complex types are concerned with complex ideal type. They outline

the existence of logically desired relationships between empirical uniformities.

3) Analytic: The analytic hypotheses deal with the relationship of analytic variables.

They are aimed at finding out the relationship between changes in one property

leading to changes in another.

Goode and Hatt28 have classified the hypothesis into the following three types on the

basis of level of abstraction:-

1) At the lowest level of abstraction are the hypotheses which state the existence of

certain empirical uniformalities.

2) At the relatively higher level of abstraction are hypotheses concerned with complex

‘ideal types’. These hypotheses aim at testing whether logically derived

relationships between empirical uniformities obtain.

3) The higher level of abstraction are hypotheses concerned with the relation

obtaining amongst analytic variables.

Another classification divides hypotheses into:

1) Uni-variable and multi-variable: Uni-variable hypotheses describe only one

variable. Multi-variable hypotheses involve two or more than two variables.

2) Associational and Non-associational: Associational hypotheses show association

or relationship between two variables. Non-associational hypotheses show absence

of relationship or negative relationship between two variables. Non-associational

28 Goode W.G. and Hatt, P.K, op, cit., p.73.

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hypotheses are also known as null-hypotheses.

3) Universal and Statistical: Universal hypotheses tell about a phenomena or

relationship between a variable which is true all the time and at all places.

Statistical hypotheses talk of probability.

4) Temporal and Cross-sectional: A temporal hypotheses is true at a point of time.

A cross-sectional hypothesis is spelt out as true at the same point in time. Both of

them do not imply causality. Peth Mann29 explained the following types of

hypotheses:

a) Hypothesis concerning law: These kinds of hypotheses explain as to how an agent

works to produce a particular effect or event.

b) Hypothesis concerning an Agent: When a law of operation is known, the agent

which is working to produce an effect may not be known. In that event a hypothesis

is often framed to find out agent.

c) Hypothesis concerning collocation: Collocation refers to an arrangement of

circumstances. When a hypothesis is made relating to the circumstances necessary

to produce a phenomenon, it is known as hypothesis regarding collocation.

3.7 Different Forms of Hypotheses:

The hypothesis can be stated in number of forms which are:-

1) Null Form: It states that no significant difference exists between the variables

concerned. This form of statement more readily defines the mathematical model to

be utilized in the statistical test of the hypothesis. The null hypothesis asserts that

there is no difference between two populations in respect of some property and that

the difference found between the samples drawn from these populations is only

accidental and unimportant. Null hypothesis is a testable hypothesis. H.M. Garrett

remarks, “The null hypothesis is akin to the legal principle that a man is innocent

until he is proved guilty. It constitutes a challenge and the function of a research is

to give facts a change to refute this challenge”.

Advantages of null hypothesis are:-

It is exact.

It is easier to disprove the contrary of an hypothesis that to prove it with complete

29 Peth Mann, METHODS OF SOCIOLOGICAL ENQUIRY, pp. 168-171.

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certainty.

Null hypothesis enables the researcher to ‘eliminate some of the alternative

hypotheses.

According to Karl Popper, “the real basis of science is the possibility of empirical

disproof.”

The statistical techniques are better adapted to testing a null hypothesis.

Disadvantages of null hypothesis are:-

In null hypothesis the researcher has to prove that all the possible identified

alternatives one by one have probable relations.

It is suitable to certain types of problem only.

It requires great skill of the researcher.

2) Prediction Form: It is chosen because it allows the research worker to state

principles which he actually expects to emerge from the experiment. This type of

hypothesis is more useful in action research studies.

3) Declarative Form: It generally states a relationship between the variables

concerned.

4) Question Form: The above mentioned hypothesis in question form may read –“is

there a significant difference between civil law and torts? ”

3.8 Problems in Formulating the Hypothesis:

The main difficulties to formulate the hypothesis according to Goode and Hatt are:

1) absence of clear theoretical framework:

2) lack of ability to utilize that theoretical framework logically;

3) Failure to be acquainted with available research techniques so as to be able to

phrase the hypothesis properly.

4) Vagueness of the statement.

3.9 How should the Researcher Ideally Formulate Hypothesis for Research?

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R.L. Ackoff30 discussed the problem of formulation of hypothesis in detail. The

researcher problem ultimately be reduced to the question. The answer to this question

would be a particular means out of most efficient alternatives under specific conditions.

Such specific conditions should be formulated for each of the alternative means. The

statements of these acceptance conditions are the hypothesis.

1) A researcher should start with trying to determine all the alternative means

(solutions or explanations of coming to grip with his problem). For this he has to

undertake a resource survey which may bring to light what alternative means,

solutions or explanations may be applied to the problem.

2) He has to attempt to determine which of the alternative course of action or solution

and explanation is most efficient in terms of certain criteria.

3) Among the alternative course of action or solution that the most efficient one which

has economy in the realm of time, money and energy should be marked out.

4) Formulation of alternative hypotheses involves the following steps:

(i) A measure of efficiency applicable to all the alternative course of action is

selected.

(ii) On the basis of the selected measure of efficiency a set of acceptance

conditions for each alternative course of action is assigned.

(iii) The acceptance conditions are reformulated as hypotheses which are

mutually exclusive and jointly exhaustive.

5) To assume oneselves that the hypotheses are mutually exclusive and jointly

exhaustive of the universe of possibilities is to use the logical technique known as

the “Boolean Expansion”. Suppose we have one common point by agreement (M)

among the alternative hypotheses and three points of disagreement (N, 0 and P),

then the alternative hypotheses according to the requirements of exhaustiveness and

mutual exclusion could be presented.

If there are points of disagreement, alternative hypothesis is an exclusive

classification and only one of them can be true and must be true. Thus the researcher

ideally formulates hypotheses by formulating the points of disagreement and selects the

true one.

30 R. Ackoff, THE DESIGN OF SOCIAL RESEARCH, p. 108.

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3.10 Testing the Hypothesis:

The proof of the worth of the hypothesis lies in its ability to meet the test of the validity. After formulating a hypothesis, it is necessary to: (i) deduce its consequences; (ii) select or develop tools that will determine whether these consequences actually occur, and (iii) use the tools thereby collecting facts that will either confirm or disconfirm the hypothesis.

There are two important means of testing hypothesis:-

1) The study of hypothesis for logical consistency; and

2) The study of hypothesis for agreement with fact.

The study of hypothesis for logical consistency is a phase of thinking. It consists of

checking the logical character of the reasoning by which the consequences of hypothesis

are deducted for verification.

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, and then one looks to see if

these conditions are present.

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CHAPTER- IV

SUGGESTIONS AND CONCLUSION

A hypothesis is never proved, it is merely sustained or rejected. If it fails to meet the

test of its validity, it must be modified or rejected. A hypothesis can be useful even if it is

partially incorrect. The confirmation of a hypothesis is always tentative and relative subject to

later revision and even rejection as further appears or as more adequate hypotheses are

introduced.

A hypothesis is only theory in the making. When a hypothesis is sustained by logical

or empirical tests, it provides the basis for generalizations or conclusions. Sound theories are

reached only after many hypotheses have been tried out and discarded or modified to

harmonize with established facts.

Some scholars have argued that each study needs a hypothesis. Not only exploratory

and explanatory researches but even the descriptive studies can benefit from the formulation

of a hypothesis. But some other scholars have criticized this position. They argue that

hypotheses make no positive contribution to the research process. On the contrary, they may

bias the researchers in their data collection and data analysis. They may restrict their scope

and limit their approach. They may even predetermine the outcome of the research study.

Qualitative researchers argue that although hypotheses are important tools of social

research, they must not precede the research but rather result from an investigation.

Despite these two contradictory arguments, many investigators use hypotheses in their

research implicitly or explicitly. The greatest advantage is that they not only guide in goals of

research but help in concentrating on the important aspects of the research topic by avoiding

less significant issues.

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