SAMPLING METHOD IN LEGAL RESEARCH

R.B. Jain"

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 oflack ofaccessibility, limited time or prohibiti ve
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.

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

• Formerly Professor at the Indian Institute of Public Administration, New Delhi,

and Punjabi University, Patiala. The present paper was prepared by the author during
his association with the Faculty of Political Science, University of Delhi.
 SAMPLING METHOD IN LEGAL RESEARCH 319

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. I (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 obtai-
ned 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 ofa court decision to constitutional provision
in a given situation.

Sampling Error

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.

I. See D.l. Caseley and D.A. Lury, Data Collection in Developing Countries 48,
(Clarendon Press; Oxford, 1981).
2. See Carter V. Good and Douglas E. Scates, Methods ofResearch .. Educational,
Psychological, Sociological 599 (Appleton, Century Crofts, Inc., New York, J 954).
320 LEGAL RESEARCH AND METHODOLOGY

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.'

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 sometimes 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. (5) The desired precision of survey results may be clearly stated
for samples designed for a specified statistical decision. 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.
3. See Freda Conway, Sampling: An Introduction/or Social Scientists (George Allen
& Unwin Ltd., London, 1967); James A. Black and Dean J. Champion, Methods and
Issues in Social Research 265 ff (John Wiley & Sons, Inc., New York. 1976).
 SAMPLING METHOD IN LEGAL RESEARCH 321

The survey objectives should determine the sample design, but the
determination is actually a two-way process because the problems of
sample design often influence and change the survey objectives. Most
samples are prepared by statisticians and other researchers who are not
primarily specialists in sampling. Nevertheless, it is helpful, although
sometimes difficult, to separate sampling design from the related activities
involved in survey research. The sample design covers the tasks of
selection and estimation for making inference from sample value to the
population value. Beyond this are the problems of making inferences
from the survey population to another and generally broader population,
with measurements free from error."
Thus the major problems in planning a sampling survey include: (a)
statement of the purposes of the survey; (b) definition of the population
or universe; (c) selection of the sampling unit and theunit of tabulation;
(d) location and selection of the source list; (e) deciding on the type of
sampling to be used; (j) determining the size of the sample ratio; (g)
testing of the sample in a pilot or exploratory survey and (h) interpretation
of the data in the light of the reliability of the sample.I
Choice of Samples
There are many ways of choosing samples for the collection of
social and economic 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 representa-
tiveness 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 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

4. See Leslie Kish, Survey Sampling 4-8 (John Wiley & Sons, Inc., New York,
(1965».
5. Supra note 2 at 599.
322 LEGAL RESEARCH AND METHODOLOGY

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
randam sampling. disproportionate stratified random sampling. and
area or cluster sampling.

Simple random sampling

A simple random sample is chosen in such a way that all individuals

in the population have an equal chance of being included in it. The
procedures commonly used to select random samples of human population
include drawing by lot numbered slips of paper from a container,
capsules from a gold-fish bowl, or balls from an urn; using tables of
random numbers; and using a roulette wheel. Some of the lists for
random sampling frequently employed are as follows: Changes in marital
status, juvenile offences, distribution of welfare and social services,
registration of automobile owners, telephone directories, utility
subscriptions, customers and consumers, voting registrations, post office
lists, school and other censuses, members of organisations and graduates
of schools, city directories, tax lists, and pay rolls. Systematic lists give
random samples only if one selects from them at random (as with
random numbers) and not at regular intervals."
In this type of sampling it is a matter of chance whether the sampling
error is small or large. Also, if only one sample is available it is
impossible to know its exact size. In practice, however, some errors of
some sizes are more likely to occur than others. The advantages of a
simple random sampling include: (t) All elements in the population have
an equal and independent chance of being included. Theoretically at least
the resulting sample will be a representative one. Samples drawn in such
a way as to inhibit some elements from being included or to make it more
likely for some elements to be included over others (i.e., the interviewer
interviews his close friends or relatives instead of the elements he was
randomly assigned) are said to be biased, and hence, not random or
representative of the population from which they were obtained. (2) The
method of simple random sampling is used in conjunction with all other
probability sampling plans. It, therefore, serves as a foundation upon
which all types of random samples are based. (3) Simple random
sampling is the easiest to apply of all probability sampling plans. It is the

6. ld. at 60 I.
 SAMPLING METHOD IN LEGAL RESEARCH 323

most simple type of random sampling to understand. (4) The researcher

does not need to know the true composition of the population before
hand. The simple random sample will theoretically reflect all important
segments of the population to one degree or another." At the same time,
however, a simple random sampling plan does not necessarily fully
exploit the knowledge the researcher has concerning the population. It
also does not guarantee that certain elements existing in a small number
in the population will be included in any given sample and that there is
a likelihood of greater sampling error in a simple random sample. Simple
random sampling is useful for obtaining a probability sample from
virtually any source. It may be used for assignment of elements randomly
to different experimental conditions in psychological and social
psychological experiments. In all forms of probability sampling at various
levels and stages, this form of sampling is indispensable. 8

Stratified random sampling

In stratified random sampling the population is first subdivided into

two or more strata (classes), and then from each stratum is taken a
predetermined number of observations (sample) at random. To cite a
simple illustration, if a sample of men and women telephone subscribers
is desired, the investigator may first divide the list of subscribers into
two parts-one consisting of men and the other women. Next, to obtain
a 10 per cent stratified sample, the investigator draws a 10 per cent
sample from each list (men and women).

Proportional stratified random sampling

The stratified random sampling is used in two different ways-the

proportionate and the disproportionate. Proportionate stratified random
sampling plan is used whenever an investigator possesses some knowledge
concerning the population under study (e.g., he knows the age and sex
distribution of all members of the population). Such a plan is useful for
obtaining a sample that has specified characteristics in exact proportion
to the way in which those same characteristics are distributed in the
population. Suppose a researcher wants to study the views of law
students in different classes in a law college on some legal problem.
Stratifying students according to the year in the college and maintaining
the same proportionate balance in the sample or occurs in the population
will give him the sample composition. Each of the subcategories on the
stratifying characteristic (in this case the year or class to which the

7. Black and Champion, supra note 3 at 277-78.

8. Ibid.
324 LEGAL RESEARCH AND METHODOLOGY

student belongs), is treated as individual "population" totals.

One of the advantages of this type of random sampling plan is that
it enhances the representativeness of the sample in relation to the
population. The resulting sample is actually a better estimate of what the
true population characteristics are compared with a simple random
sampling. Another important advantage is that sampling error is reduced
in comparison to random sampling and the necessity to weigh the
elements according to their original distribution is eliminated. However,
proportionate sampling is somewhat more difficult to obtain in practice
as the researcher is required to know something of the composition of
the population and distribution of the population char~~·teRstics prior to
the draw of elements. This method involves more time to obtain elements
from each of several strata and, therefore, there is always the likelihood
of classification errors creeping in the sample. A researcher has to be
very careful in setting up his categories for classification initially and
make sure that the elements he assigns to various categories really
belong there. A proportionate stratified sampling plan may be useful in
the attitudinal survey of different classes of people in legal professions
towards a particularly legal controversy.

Disproportionate stratified random sampling

This method is only marginally different from the proportionate

stratified random sampling plan discussed above. The basic difference is
that the substrata of the resulting sample are not necessarily distributed
according to their proportionate weight in the population from which
they were drawn. It may be that some substrata are over-represented
while other substrata are under-represented. For example, in an enquiry
on the socio-economic status, a researcher divides a given population
into six substrata, say, upper upper class, lower upper class, upper
middle class, lower middle class, upper lower class, and lower lower
class. Instead of drawing proportionate samples in each of these substrata,
the researcher may either give equal weight to each of the substrata or
give greater weight to some substrata and not enough weight to other
substrata.
The advantage of such a method is that it is less time consuming
compared with proportionate stratified sampling. He does not have to be
as careful in drawing specified number of elements from each of
substrata he identifies. However, this method does not give each
substratum proper representation relative to its distribution throughout
the original population, and stratification ofany kind implies the possibility
of classification errors. This method is primarily used in cases when
elements, few in number, exist among certain substrata within the
dimensions one stratifies.
 SAMPLING METHOD IN LEGAL RESEARCH 325

Area or cluster sampling

The method of area or cluster sampling is employed when individual

selection of elements seems too expensive. For example, employees of
a firm may be selected in work groups, a school's students in designated
classes, or the dwellings of a city in blocks. Cluster sampling contrasts
to element sampling where the elements are also the sampling units, so
that each sampling unit contains only a single element, or none in the
case of "blanks".
As defined by Leslie Kish, clustering or cluster sampling, denotes
methods of selection in which the sampling unit-the unit of selection
contains more than one population element; hence the sampling unit is a
cluster of elements. Each element must be uniquely identified with one,
and only one sampling unit. The sampler must investigate the frame and,
if necessary, design procedures to overcome confusion in identification.?
If we compare a cluster sample with an element sample comprising
the same number of elements, typically we will find that in cluster
sampling, (a) the cost per element is lover due to the lower cost of listing
or of locating or both; (b) the element variance is higher, resulting from
the usual, though irregular, homogeneity of elements in clusters, and (c)
the costs and problems of statistical analysis are greater. Clustering
should be preferred over individual selection when the lower cost per
element more than compensates for its disadvantages. This occurs often
in large widespread samples.
Just what makes a desirable cluster is a matter of practical expediency
that depends on the survey's situation and resources. The individual
elements are determined by the survey objectives. The sampler must
then decide whether he can use them also as unique sampling units, or
whether he must designate clusters of the specified elements as sampling
units. In some studies the household is regarded as a cluster of persons,
while in others entire cities may be used as elements. For example, the
population of India may alternatively be regarded as an aggregate of units
which are entire counties; or of cities, towns and townships; or of area
segments and blocks; or of dwellings; or, finally, of individual persons.
Indeed all these sampling units are employed in turn for area samples of
India. The proper sampling units are defined to conform with the
requirements of a practical, economical sampling design applied to the
physical distribution of the population and to its selection frame. The
choice of clusters is the recognition in the sampling design of some
features in the physical distribution of the population and in the nature
of the frame.

9. Supra note 4 at 148-51. This section draws heavily on this source.

326 LEGAL RESEARCH AND METHODOLOGY

The number of elements in a cluster is called the size of the cluster.

The clusters in most populations are of unequal size. for example.
dwellings in blocks. persons in households. employees in sections.
Clusters of equal size seldom occur in sampling design. but they provide
a simple introduction to the theory of cluster sampling.
Clusters of equal size are often the result of planned conditions such
as manufacturing, for example. cigarettes in packs. in cartons. in cases,
in carloads. They rarely exist in nature or society, but they occur in
special sampling situations. They result from the planned uniformity of
a population, for example, dwellings in large housing developments.
some work units or army units. The sampler can create equal clusters
from a frame, for example. equal size packs from a file of cards. Equal
sub-samples can be obtained from unequal sized clusters. especially by
selecting with probabilities proportional to size.
Even designs that begin with equal clusters often end in actual
sample clusters which are unequal due to imperfect frames. non-response
and the use of subclasses for analysis. But minor imperfections in cluster
sizes due to the frame and non-response may be repaired. Equal clusters
could greatly facilitate some complex statistical analysis, if needed. A
"missing case" may be provided by duplicating a randomly selected
element from the cluster or by selecting a substitute from the cluster.
while subsampling. In most practical situations. sizes of clusters are
unequal, selection is improved with stratification. and two selections per
stratum are both efficient and simple.!"
One of the important advantages of an area sampling is that it is
much easier to apply when large populations are studied or when large
geographical areas are to be covered. The cost of area sampling is much
less compared with other sampling methods discussed earlier. and
respondents can be readily substituted for other respondents within the
same random selection. This type of sampling is also flexible as it is
possible to employ different forms of sampling in several successive
stages, However, the limitations of this method are: (I) There is no way
to ensure that each sampling unit, included in an area sample, will be of
equal size. The researcher has little control over the size of each cluster.
(2) There is greater sampling error associated with area sampling plan.
Such a method is most fruitfully used in public opinion polls and in
surveys of areas or regions that are sparsely populated and cover
extensive geographical sections. 1I
Systematic sampling
A systematic sampling plan, as opposed to random sampling, has

ID./bid.
II. Black and Champion. supra note 3 at 296-97.
 SAMPLING METHOD IN LEGAL RESEARCH 327

certain characteristics of randomness and at the same time posseses

some non-probability traits. Systematic sampling is defined as obtaining
a collection of elements by drawing every nth person from a
predetermined list of them, e.g., drawing every tenth name from the city
directory or a directory of practising lawyers in an area is systematic
sampling.
Systematic sampling is perhaps the most widely known selection
procedure. It is commonly used and easy to apply. It provides an
alternative for random and independent choice of sampling units and is
sometimes called a pseudo-random selection. It is often used jointly with
stratification and with cluster sampling.
The prime reason for using systematic sampling is that its application
is easy, foolproof, and flexible. For example, the clerical tasks of
selecting every nth line from listing sheets or every nth block from
numbered maps can be done more easily than in a corresponding random
selection. Furthermore, it is easier to check the clerical application of
intervals than of random selections.
These advantages seem even more pertinent when the field worker
is entrusted with the selection of sampling units. The assignment of a set
of random numbers is more difficult, and asking the field worker to
select random numbers is risky and not easy to check. The application
of intervals has an added advantage in the common situation where
cluster size is not known before hand; it can be simply carried on by the
field or office worker as long as needed until the cluster size is exceeded.
It can also be applied readily to sampling with probability proportional to
size.
Another advantage of systematic sampling is that it can easily yield
a proportionate sample, if we take advantage of its even spread over the
population through a corresponding ordering of the latter. For example,
a sample of every nth dwelling of a block will be spread around its sides,
which may differ considerably in characteristics. Or, a systematic
sample over an alphabetical list of names will yield about the same
proportion of names from each letter .
. Whatever stratification exists in the ordering of the population list,
the sample will reflect it. Of course, definite limits to the amount of
stratification are set by the selection of a single unit from each set of "n"
consecutive units.
Both the advantages, namely, simplicity and proportionality, may be
present in the type of bureaucratic situation where the accessions to the
list get numbered in a haphazard order. Examples of this might be
hospital admissions, arrivals in stores and travel stations, bills and
invoices in files. A 10 per cent or one per cent or 0.1 per cent sample
can be produced easily by designating for selection respectively a one-
digit, two-digit, or three-digit ending. This can become a particularly
328 LEGAL RESEARCH AND METHODOLOGY

simple routine task for clerical administration. It also provides incidental

stratification over the order of accessions-perhaps over the weekly,
seasonal or secular variations.P
Thus systematic sampling is easy to use. It is much simpler than
employing a random numbers table in the selection of all elements. Since
it is easier to check to see that every nth individual has been included,
it is easy to spot mistakes as a result of miscounting. Also because it is
a non-probability sampling method, mistakes in drawing elements are
relatively unimportant. However, there are disadvantages of this method
inasmuch as it ignores all persons between every nth element chosen. It
is not a probability sampling form because it excludes certain elements
from the resulting sample. 13

Other variations of sampling methods

Other variations of sampling procedures include quota sampling

(obtaining a desired number ofelements by selecting those most accessible
to the researcher and those that possess certain characteristics which
are of interest to him); accidental sampling (identical to quota sampling
but selected by the investigator principally by convenience and economy);
and judgmental or purposive sampling (the one that has been hand picked
by the investigator to fully ensure that specific elements are included).
Purposive selection is based on the principle of selecting individuals for
the sample according to a criterion or criteria known as controls.
Statisticians are generally unfavourable to this method since the samples
frequently are not equivalent to balanced random samples. This procedure
has been largely replaced by principles of stratification, balancing and
similar procedures discussed above. There is also another method known
as snowball sampling for special sampling situations when the researcher
is interested in obaining an impression of informal social relations among
individuals. This sampling technique, which is basically socio-metric, is
defined as having all individuals in a limited group or organisation identify
their friends and associates, until the researcher observes a constellation
of friendships converging into some kind of complete social pattern.
Researchers studying social changeand diffusion of information among
specific segments of social organisations find snowball sampling
advantageous.
Choosing an Appropriate Sampling Plan
So far we have examined the various sampling methods, considering
their respective advantages and the possible uses. When an investigator

12. Supra note 4 at 113-15.

13. Black and Champion, supra note 3 at 307.
 SAMPLING METHOD IN LEGAL RESEARCH 329

wishes to generalise his findings based on ample observations to larger

element aggregates, it is necessary for him to select some probability
sampling method. On the other band, if he is interested in quick results
and does not particularly care about generalising his findings to a larger
population, some non-probability sampling method will probably be
sufficient. An investigator, while selecting an appropriate plan, has also
to weigh other criteria, e.g., the cost of the proposed research, the
extent of knowledge about the population to be studied, the size of the
population, . the accessibility of the elements; the importance of
generalisability, and the size of one's research staff and the physical
facilities available. In, a very simplified manner, one could say that the
question of choosing a particular sampling plan is dependent on what the
investigator intends to do with his research and the extent of his physical
and financial resources. The table l 4 on the next page illustrates the
advantages and disadvantages of various sampling methods.

Type of Samples

Sampling method Advantages Disadvantoges

Non-probabi Iity Cheap No estimates of accuracy

Haphazard sample Available sample No necessary relation to
population
Quota sampling Willing respondents Middle class and other
biases
Probability Accuracy can be Expensive
estimated
Simple random sample Sampling error can be Interviews too dispersed
estimated and full lisl required
Systematic sample Convenience Periodicity in list
Stratified Guarantees adequate Sometimes requires
representation of weighting
groups
Usually decreased error
Cluster Decreased cost Increased error
Multistage Lower cost than simple Higher error than simple
random sample for random sample
large populations
Lower error than cluster Higher cost than cluster

14. See Herbert F. Weisberg and Bruce D. Bowen, An Introduction 10 Survey

Research and Data Analysis 26 (W.H. Freeman & Co., San Francisco. 1977).
330 LEGAL RESEARCH AND METHODOLOGY

Quantitative and Sampling Methods in 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. Thus, in recent times more and more social
scientists have been using mathematical and quantitative 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. It is also not possible to have a perfect solution
to social or legal problems through the employment of quantitative or
sampling method. Indeed as pointed out by Professor Franklin Fisher,
the claim to have solved problems, whose mathematical features have
not, in fact, been comprehended, seems especially harmful in a field
where the application of mathematics is as yet in its infancy, and this is
not only because minor impurities at the base of a growing framework
may assume major proportions at its apex, but because exposure of error
may breed unjustified disenchantment or give solace to those who prefer
a causal, imprecise impressionism in the social sciences. 15
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
quantitative 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 Quantitative
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. 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

15. Franklin M. Fisher. "The Mathematical Analysis of Supreme Court Decisions:

The Usc and Abuse of Quantitative Methods", 52 American Political Science Review
321-22 (1958).
16. (New York, 1948).
17. 51 American Political Science Review 1-12 (1957).
 SAMPLING METHOD IN LEGAL RESEARCH 331

information, will not be important enough to alter the decision.

Discriminant analysis (using a sample of court cases) may be a potentially
useful tool for analysing the behaviour of the court in complicated
situations. It is not of much use as a perfect predictor in those same
situations; it only does efficiently what common sense can do as well
and no other method can do better. Mathematics can perfectly predict
on the basis of the presence or absence of factors in a case only in those
areas where the law has attained a settled state and where public policy
and opinion are such as to require that it remains settled. These are,
however, the frozen areas of easy prediction so that mathematics can
add only to the power to analyse, not to the power to predict. In other,
more complicated, more interesting and more inherently important areas,
where the law is still developing or where public policy requires that it
should continue to develop, mathematical analysis provides no substitute
for the opinions of the case law; even mathematical law is made by
men. 18
Pritchett's quantitative studies have aided in making highly perceptive
and sophisticated interpretations of the voting behaviour of justices and
taken a long stride in the direction of a group dynamics approach to
supreme court decision-making. Similar studies by Glendon A. Schubert
and George H. Gadbois, Jr., could also be mentioned in this respect.
Schubert has successfully used quantitative and sampling method in the
analysis of the decision-making processes of the United States Supreme
Court. 19 Gadbois has done some pioneering work in studying the judicial
behaviour of the Supreme Court judges in India. 2o Mention must also be
made of Joseph Tanenhans, who has tried to analyse the uses and
limitations of sample survey in the study of judicial behaviour.U

18. Supra note 15 at 338.

19. "The Study of Judicial Decision-Making as an Aspect of Political Behavior",
52 American Political Science Review 1007-25 (1958); Quantitative Analysis 0.('Judicial
Behavior (The Free Press of Glencoe, Illinois, 1959). See also Glendon A. Schubert
(Ed.), Judicial Decision-Making (The Free Press ofGlencoe, Collier-Macmillan Limited.
London, 1963); Judicial Behavior: A Reader in Theory and Research (Rand McNally
& Co., Chicago. 1964); Glendon A. Schubert and David 1. Danelsko (Eds.), Comparative
Judicial Behavior: Cross-Cultural Studies ofPolitical Decision-Making ill the East
and West (Oxford University, 1969); John R. Schmichauser, "The Justices of the
Supreme Court: A Collective Portrait", 3 Midwest Journal ofPolitical Science (1954).
20. "Indian Supreme Court Judges: A Portrait", ttl Law & Soc. Rei'. 317 (1968-
69). See also Somendra Nath Ray and Mamas Chakraborty, "Supreme Court Justices
in India and the U.S.A. : A Comparative Study of the Background Characteristics
1969-76". XI1I JCPS 35-45 (1979).
21. "The Uses and Limitations of Social Science Methods in Analysing Judicial
Behavior" (a paper presented at a panel of the Annual Meeting of the American
Political Science Association. 7 September 1956; mimeographed).
332 LEGAL RESEARCH AND METHODOLOG Y

Concluding Observations : 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 quantitative and 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 sampling and
quantitative 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 quantitative 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 ofjudicial 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 in India.