Sampling and its characteristics by Ankit Awasthi, LLM 2nd Year, Hidayatullah National Law University

Introduction

This synopsis is a discussion on sampling in research. It is mainly designed to equip beginners with knowledge on the general issues on sampling that is definition of sampling, the purpose of sampling in research, sample, and its characteristics. Sampling method is an important tool in the realm of social science researches. For this, the data has to be collected and analysed. There are two methods of data collection, i.e., Census Method and Sampling Method. For  studying any  problem  it  is  impossible  to  study  the  entire  population.    It  is  therefore  convenient  to  pick  out  a sample  out  of  the  universe  proposed  to  be  covered  by  the  study.  For a clear flow of ideas, a few definitions of the terms used are given.

What is a sample?

According to Webster Dictionary, 1985

“A sample is a finite part of a statistical population whose properties are studied to gain information about the whole.”

Goodeand Hatt defined sample as “a smaller representation of large whole.”

Nan Lindefines it as “asubject of cases from the population chosen to represent it.”

So we can say that when a small group is selected as representative of the whole it is known as sample.

What is sampling?

The sampling method was first introduced and used in a social research in 1754 A.D. by Bowley. Sampling is the act, process, or technique of selecting a suitable sample, or a representative part of a universe or population for the purpose of determining parameters or characteristics of the whole population. It is the process of selecting a sample from the population. For this population is divided into a number of parts called Sampling Units.

Universe or Population:

In research these term used interchangeably. Generally universe is a geographical area from where sample is to be collected. Population is constituted of all the individuals, things, events, documents or observations etc. belonging to a designated category, which a particular study should principally cover. A population contains sub-population or stratum.

What is the purpose of sampling?

 To draw conclusions about populations from samples, we must use inferential statistics which enables us to determine a population`s characteristics by directly observing only a portion (or sample) of the population. We obtain a sample rather than a complete enumeration (a census) of the population for many reasons. These are as follows:-

• Economy
• Reliability
• Detailed study
• Scientific base

Characteristics of an ideal sampling:

Sampling has following characteristics:

• Representativeness- An ideal sample must be such that it represents adequately the whole data. We should select those units which have the same set of qualities and features as are found in the whole data.
• Independence-The second feature of a sample is independence that is interchangeability of units. Every unit should be free to be included in the sample.
• Adequacy-The number of units included in sample should be sufficient to enable derivation of conclusions applicable to the whole data.
• Clear, unambiguous and definite.
• Selected on the basis of mathematical law of chance or probability.
• Sample should represent the different areas of universe.

Conclusion:

In conclusion, it can be said that sampling technique has very high value in the educational, economic, commercial and in day-to-day activities. Using a sample in research saves mainly money and time, if a suitable sampling strategy is used. If appropriate sample size selected and necessary precautions taken to reduce on sampling and measurement errors, then a sample should yield valid and reliable information.

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Obstacle to Good Research by Ankit Awasthi, LLM 2nd Year, Hidayatullah National Law University

“Obstacles are things a person sees when he takes his eyes off his goal.”

E. Joseph Cossman

Abstract :-

Good research is the outcome of a long time hard work, patience, knowledge etc. It’s not easy to complete any good research without obstacles, because obstacles give chance to improve yourself and your work. So, here some research is done by me on obstacles  to good research. The main question arises at the outset is :-  

What are the obstacles of good research ?

We can divide obstacles under following heads :-

1. Importance being given to legal research:-

In respect to foreign countries India is far behind in  the field of research. Whether it would be legal research, social research, socio-legal research or scientific research. The main reason behind it is that Indian educational system doesn’t give so much importance on research. We can easily understand the importance given to research under following heads. 

1. At LL.B Level :-

There is lack of uniformity in the educational programs provided by various universities. If we talk about traditional universities we find that there is not a single subject which provides knowledge about legal research. In respect to traditional universities, national law universities provide research methodology as a compulsory subject. I am not criticizing the pattern of traditional universities, but practically it’s very true that they don’t provide any knowledge about non-doctrinal research. But some colleges are doing enough work to spread the awareness of  legal research among students of law at bachelor level.    

1. At LL.M Level:

Almost every university provides research methodology as a core subject at master level, whether it would be traditional universities or national law universities . the difference is about the approach of that knowledge. We can understand the obstacle in legal research at master level under following heads :-

1. Pattern of education:-

Pattern of education varies from university to university and college to college. So there is difference in the syllabus or so called module. It depends upon the module that which topic a research has to cover. Good research requires good knowledge of the subject matter. To know the subject matter is not enough it very essential to the systematic way to present the research. There are so many technicalities while presenting any legal research such as proper footnotes, correct bibliography etc. all these things requires so much time and better understanding so it’s also a major obstacle in the field of legal research. 

1. Time limitation: -within given time there is a burden to complete research. At graduation level as well as post graduation level there is always a burden to complete research within given time . This is very effective obstacle because standard or quality of research varies from time. Research is directly proportional to time. Good research  want enough time.  
2. Hectic schedule :-Due to very hectic schedule several times a researcher unable to do good research. Generally, This situation comes when a researcher does any empirical research.
3. How much time is given to do research (Time required to do research) ?

it depends upon a person who is researcher that in which field he/she is doing research and on which subject he/she conducting research. We can understand it under following heads.

1. Practice, Advocacy:-  The main work of an advocate is to provide legal services or legal aid as per the requirement of the brief of case before him/her. So, all research which he can do is related to that particular case. Secondly, he has no more time to spend his time on other issues which are not related to his case. Time limitation is also one major factor for a lawyer.   
2. Corporate Firms & Companies: - As we all are well aware about this fact that those who are working in corporate firms or legal firms they are very busy in earning money. They just what is demanded by their supervisor or head.

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Bentham's Theory And It's Relevance In Today's Era by Ankit Awasthi, LLM 2nd Year, Hidayatullah National Law University

Analytical positivistic school started with the writings of Jeremy Bentham (1748-1832) and was latter carried to its logical end by his disciple John Austin. Bentham’s classical work, “The Limits Of Jurisprudence Defined” written in 1782 and published in 1945 revealed how ardent Bentham was in conceiving the ends of law and mechanics of legal system. Bentham was utilitarian to the core, advocated codification of law and rejected judge-made law. His approach to sovereignty was similar to Austin; his definition of law was wide enough to cover subordinate legislation and administrative regulations; his analysis of rights and duties puts forward in embryo what was once thought to be a discovery of the twentieth century.

Bentham starts from  the assumption that nature has placed mankind under two sovereign masters, pleasure and pain. ‘It is for them alone to point out what we ought to do, as well as to determine what we shall do. On the other hand the standard of right and wrong, on the other the chain of causes and effects, are fastened to their throne’’. The good or evil of an action, according to Bentham should be measured by the quantity of pain or pleasure resulting from it. Bentham’s principles of utility meant, ‘that principle which approves or disapproves of every action whatsoever, according to the tendency which it appears to have to augment or diminish the happiness of the party whose interest is in question: or, what is the same thing in other words, to promote or to oppose that happiness”.

Bentham talks of the four sanctions or sources of pain and pleasure. Considered Separately, they may be termed that physical, the political, the moral and the religious, The pleasures and Pains belonging to each of them are capable of giving binding force to any law or rule of conduct and allow them may be termed sanctions.

We can easily understand Bentham’s theory under following heads:-

1. Bentham’s utilitarian principles led to the growth and development of fully fledged jurisprudence Of political, social and economic utilitarianism in the nineteenth and twentieth centuries. His Faith Laissez –Faire in economics Led him to believe that if every one looked after himself ,The general good, that is greatest happiness to the greatest number would be secured.
2. Bentham’s quest for legislative reform led to the notion of welfare state and removed lots of inequalities which had hampered the growth of democracy in England.
3. According to Bentham, the jurisprudence should be divided into two:

a. The  expositorial jurisprudence (what the law is)
b.The censorial jurisprudence(what the law ought to be) which was helpful in evolvinga terminology for unraveling the maze of concepts of law.

1. Bentam’s theories involuntarily introduces natural law principles uner the disguise of pleasure and pain,which is denied.
2. Bentham was averse to acknowledging natural rights of men,although,his yearning for private property,equality,andsecurity are the out come of natural rights.
3. Bentham overemphasized the power of the legislator and underestimated the individual discretion and flexibility of the judges in the application of law.
4. Bentham’s contribution to analytical jurisprudence although immense, yet is couched in semantics difficult to decipher.
5. Bentham’s overarching definition of law covers all laws, be they legislative, executive, judicial or administrative,howeverthe force behind these laws is obscure.

Bentham’s Relevancy in Today’s World:-

1.Bentham Theory of Sovereignity shows that in the present era also there shall be a political community.which shall have a body of persons acting to represent the will of the people. That is we can find the relevancy with respect to democratic form of govt and also there is conceptof participatory democracy.
2.Later on Bentham Theory was carried forward by the various analytical jurist to give the concept of sovereignity and also law made by sovereign authority.which is an essential feature of lawsmade by legislature of country.
3.Although Bentham rejected the idea of natural rights.he left the scope so ,as toinclude value such as Liberty,Quality,or property.
4.Protection from murder,imprisonment or any disposition from any property are all results of not only right to life or liberty or propertybut also due to the security that one gets from legally enforce duty.that results in greatest benefit for greater good.
Conclusion:-
Thus, the theories of Bentham have been adopted by various countries to sit their own political, cultural, economical and social conditions and has been modified from time to time to suit the changing needs of society.

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Assignment under Law Of Insurance by Ankit Awasthi

1. Definition
2. Types of Assignment
3. Assignment of a life insurance policy
4. Assignment of a fire insurance policy
5. Assignment of a marine insurance policy
6. Difference between Assignment and Subrogation

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Indian Public Interest Litigation- an effective answer to deal with environment? by Samraggi Chakraborty

Introduction-

Every one of us right from our moment of inception is dependent on the environment for our all round development and growth. Our very existence will come into question if there is no life support called environment. We are what because of the environment. But many a times we tend to forget this and engage in activities that results in harming the environment. We tend to forget that harming the environment means we are harming ourselves and posing a threat to our very existence. Lot of damage has been done to the environment in the name of development. To deal with such situation legislations have been passed. Passing legislations is not enough. Environment is for all. Everyone has to take care of it. What is required is effective participation by all in matters of protection and improvement of environment. An answer to this is public interest litigation. By the very term ‘public interest litigation’ it means that it is litigation in the interest of public. Environment is an interest of the public in general and so litigation in the interest of the public should be allowed. In India, public interest litigation has played an effective role in the field of environmental law. Various new dimensions to the environmental law have been added because of various public interest litigations. Any public spirited person can file a public interest litigation and bring any matter in the notice of the judiciary. This unique characteristic of the Indian Public Interest Litigation gives places it in a higher pedestal over the Citizens Suit of United States of America. In this paper the researcher has tried to find out how the public interest litigation of India has helped to deal effectively with its environmental matters and also tries to find out if the present system of public interest litigation in India perfect to deal with problems of environment or should it strictly follow the principle of locus standii as in the case of citizen suits in United States.

Public Interest Litigation (PIL) in India- Its birth and continuity

Indian civilization is proud to have its continuity from time immemorial irrespective of its geographical boundaries. The very term ‘environment’ in Hindu/Sanskrit language is “Pasyavaran” which means “Pari-aavaran”, i.e., external covering or a thing encircling or encompassing human existence. The Indian viewpoint or the Hindu philosophy viewed man and environment as part and whole of the same thing but this part and whole keep their position constantly interchanging in different context and situations and in this way man and environment is the condition of the other.[1]

India has shown a remarkable vigour in judicial activism from post 1980 onwards. Prior to this period it was only the aggrieved party who could personally knock the doors of justice and seek remedy. A person who was not personally affected could not raise his voice as a proxy for the person who was affected. But it is around 1980 that the Indian legal system brought about a sea change in this approach- particularly in the field of environmental law.

A host of problems crops up in matter pertaining to protection of the environment in developing countries like India. However, the Hon’ble Supreme Court of India through human rights jurisprudence and environmental jurisprudence initiated Public Interest Litigation in India. The traditional concept of locus standii is no longer applicable and acts as no bar in filing of community oriented Public Interest litigations. Any citizen can invoke the jurisdiction of the Court, especially in human rights and environmental matters even by writing a simple postcard.[2]

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Medical Jurisprudence related articles by Dr L. Ananda kumar

Medical Jurisprudence related articles on 


1. FAT EMBOLISM - http://www.goforthelaw.com/index.php/browsearticles/loadarticleview/154.html


2. Gun shot injury - http://www.goforthelaw.com/index.php/browsearticles/loadarticleview/152.html


3. study of blunt injury - http://www.goforthelaw.com/index.php/browsearticles/loadarticleview/151.html

by Dr L. Ananda kumar

Evolving capacity of children-an understanding by Samraggi Chakraborty

Abstract 
The United Nations Convention on the Rights of the Child (UNCRC) gave a new dimension to child rights. Prior to this Convention, children were understood to be dependent on their parents, elders and guardians for their protection. But with the coming of this Convention, children are considered to be subjects of rights i.e. they could exercise and claim those rights. This Convention bestows on children various rights and these rights are to be exercised in accordance with their evolving capacities. Why is this concept of evolving capacity important? Does consideration of evolving capacity of children help in advancing their rights?


I. Introduction
Evolving capacity is the concept in which education, child development and youth development programs led by adults takes into account the capacities of the child  or youth to exercise rights on his or her own behalf.


The concept of evolving capacity has been for the first time recognized by the United Nations Convention on the Rights of Child (UNCRC) under Article 5. It states that States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.


Thus we find that Article 5 of the UNCRC provides that the direction and guidance provided by the parents or other persons who are in responsibility of the child must be taken by taking into consideration the capabilities of the child to exercise rights on his or her behalf.


Article 5 is no doubt an important provision of the convention.  This is so because of its recognition of ‘the exercise by the child’ of rights mentioned under the convention and also in the repetition of its language in Article 14. Article 14 provides that


1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.


2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in amanner consistent with the evolving capacitiesof the child.


The principle of evolving capacity is very much stitched to Article 12 which provides that every child capable of forming her or his own views has the right to freely express those views and to have them duly considered in all decisions that will affect that child, in accordance with the child's age and maturity. This directly points to “evolving capacities”.


Article 5 speaks about evolving capacity of a child. But then what is meant by evolving capacity of a child? Evolving capacities refers to processes of maturation and learning whereby children progressively acquire knowledge, competencies and understanding, including acquiring understanding about their rights and about how they can best be realized.[1]

Why is the concept of evolving capacity of children important? “Respecting young children’s evolving capacities is crucial for the realization of their rights and especially significant during early childhood, because of the rapid transformations in children’s physical, cognitive, social and emotional functioning, from earliest infancy to the beginnings of schooling.”[2] Evolving capacity should be viewed as an enabling process and not as an excuse for authoritarian practices that actually curtails and limits the independence and autonomy of children. Parents and others should be encouraged to enhance their children in exercising their rights (their right to participation under Article 12 ).[3]

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