BOOK REVIEW

‘LEGAL METHODS’ by Professor G. P. Tripathi and Dr. Ajay Kumar, published by

Central Law Publications, Allahabad, pp. xxviii+740, price Rs. 430/- bearing ISBN :
978-93-82676-40-9.

Law as a career, and to be a lawyer of the day and of tomorrow, one must get
associated with economics, sociology, Indian legal history, political science subjects in
addition to law subjects then only one can be called a ‘lawyer’ who is socially relevant,
technically sound and legally competent. Law is a discipline that shares contents with all
other disciplines while analyzing the system of administration of justice and governance
in a democratic political system by which the country is governed. Legal system of the
world per se is very vast in its varied nature so much so the Indian legal system and
hence, it is difficulty for any lawyer to learn all law subjects and get expertise in all of
them. Therefore, legal education is task-specific, particularly to an area of specialization.
Nowadays legal profession is a multi-task profession where every student of it needs to
have an excellent reading, writing, research and communication skills for which reviewer
found this book is a value addition in the personal and the institutional library.
The book is divided into twenty-two chapters viz., Chapter-1, Legal Methods;
Chapter-2, Legal Type and Social Type; Chapter-3, Theories of Law and the Legal
Methods; Chapter-4, Systems of Law and Constitutional Governance; Chapter-5, Socio-
Legal Methods and Evolutionary Theories-Custom; Chapter-6, Judicial Methods-
Precedent; Chapter-7, Legislative Methods-Legislation; Chapter-8, Interpretation of
Statutes; Legal Method to Find Out Sententia Gegis; Chapter-9, Ownership of Property
and of the Computer System; Chapter-10, Property and Possession; Chapter-11, Legal
Person, Methods of Law Creating it; Chapter-12, Legal Rights-Concept, Analysis and the
Right Holders; Chapter-13, Methods how Law is Executed-Organisations of Law;
Chapter-14, Methods of Law Teaching; Chapter-15, Alternative Dispute Resolutions;
Chapter-16, Arbitration; Chapter-17, Negotiation-Method of Conflict Resolution;
Chapter-18, Conciliation; Chapter-19, Mediation-Whether a Facilitator; Chapter-20, Lok
Adalat and Legal Aid; Chapter-21, Research Methodology in Law; and Chapter-22,
Globalization, Human Rights and Method of Law. Besides afore-mentioned
chapterization, the authors also have provided with the Appendices in the book viz., Bar
Council of India; the Arbitration and Conciliation Act 1996; the Legal Services
Authorities Act 2010; the GAIL (India) Limited Conciliation Rules 2010; the Foreign
Awards (Regulation and Enforcement) Act 1961; the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards; and the Foreign Judgments (Reciprocal
Enforcement) Act 1961. The authors further have provided with an exhaustive list of
references in Bibliography in addition to the subject Index to support the readers’
independent research.
First chapter of the book is devoted on legal methods wherein the authors have
analysed critically the concepts of normative character of law and morality, rules,
principles, standard of justice, legitimacy of law, western philosophy and transcendental
philosophy. They have further tried their best to define ‘law’ while focusing on scriptural
law, cosmic law, and process of understanding of dharma with its philosophical

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approaches and the application of law in the modern systems of administration of justice.
The authors have also focused on defining kinds of law while categorizing priori
(deductive reasoning) and posteriori (inductive reasoning) methods with their merits and
demerits.
The second Chapter emphasis on the nuances of legal types and social types
wherein legal questions in suits of civil nature, criminal nature, revenue nature etc. and
the jurisdiction of courts have been discussed in detail. The authors further have
explained stay of suit, injunctions-temporary and permanent, interlocutory orders,
doctrine of res judicata, escalation cost, and distinction between the ‘issue estoppel’ and
‘res judicata’. Briefly, the authors have made a mentioned of the judges’ job description
in the legal system such as normative functions of law, legal functions of law, and social
functions of law-directly or indirectly. At the end of the chapter, the authors have covered
the social control as a function of law where they have pointed out that law and public
opinion, interest and demands in legal system are the two main pallor of legal culture out
of which the legal reasoning emerged as legal tool.
The third Chapter in which the authors have covered theories of law and the legal
methods wherein importance is given on Vedic law, Greek law, Theological attitude-
revelation, intuition and inspiration as a source of law. While doing so, the authors have
dedicated a lot of time and space on defining the theory of Augustine (Stoics), St. Thomas
Acquinas (Eternal law), Machiabelli (Political power is the end in itself), Niccolo,
Grotius, Hobbes (The impersonal state and the individualism), Locke, Stammler (Natural
law with a changing contents), Duguit (Social solidarity), Radbruch (Democratic legal
relativism), Hauriou (Legal institutionalism), and Maihofer (Natural law and
existentialism). Thereafter, the authors have defined positivism with a distinction between
‘is’ and ‘ought’ to be a law; connecting with sociological and realist approaches to law. At
the end of the chapter, the emphasis is given on ‘pure theory of law’ of Hans Kelsen
which reflects early 20th century skepticism about natural law and sociology, to both of
which Kelsen claimed purity of method, i.e., a method free from contamination by values
of any sort.
In fourth Chapter emphasis is placed on explaining about different Empires,
Leagues, Confederations, Federations, NATO, the United Nations Organisations,
National political systems, Unitary nation-states, Federal systems, Subnational political
systems, Tribal communities, Villages, Cities, and Regions systems wherein monarchies
and republics have also been discussed. The authors further have focused on the
separation of power in the USA and UK context while defining legislative, executive and
judicial systems of Indian democratic government with varied functions of these three
organs of quasi-federal government system.
The fifth, sixth and seventh Chapters are dedicated on socio-legal methods and
evolutionary theories on custom, judicial precedents and legislation wherein the authors
have given in-depth invocation of law making, executing and administering system in
Indian legal system. These three chapters make understanding clear about the law making
process and also highlighted difficulties in law making process, any government faces
while judicial review mechanism being invoked by the apex court. The authors opined
that ‘a balance between securing the implementation of measures that were adopted by
representatives of the people and on the flexibility in the interest of an efficient
administration lies in the conscious and experienced individual. Reflection, which goes

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from the specific to the general and the faculty of judgment that subsumes the particular
under the general, from the fundamental element that is present in every human being’.
The eighth Chapter focused on different dimensions of interpretation of statutes,
wherein basic aims of interpretation are defined exhaustively. Basic rules of interpretation
such as golden rule, literal rule, and mischief rule of statutory interpretation are defined
with examples and the focus is also given on Mimamsa rules of interpretation to
understand the Vedic text in the context, along with some identified Axioms and Maxims
of general experience. At the end of the chapter, emphasis is also placed on Vidhi and
Nisedh as text principles whether they are obligatory or non-obligatory.
The ninth and tenth Chapters are dedicated on the concept of ownership and
possession over the property wherein the authors have defined these concepts with their
historical and present perspectives. The focus is also made on the nature, kinds and
societal approached to ownership and possession with comparative analysis of USA and
USSR countries based on different society and theories.
The eleventh Chapter focused on the concept of person as an entity, natural person
and legal person, theories of juristic personality-fiction theory, concession theory, purpose
theory, symbolist theory or bracket theory, realist theory with seven attributes of legal
person. The metaphor of personality is useful in conceptually facilitating and describing
many of the corporation’s traditional and modern corporate attributes such as, perpetual
succession, ability to own property, ability to be sued, sue in its own name, ability to
create a floating charge, limited liability, and compliance with the formalities of the
Companies Act.
The twelfth Chapter explained in detail legal rights and provides their analysis with
various theories such as, choice theory, benefit theory, several functions theory of Wenar,
claim rights theory Sreenivasan’s view on rights and rights must have corresponding duty
theory. Further, the authors have explained exclusivity of rights-primary and remedial
rights, conditional rights, property rights and subjective rights supported by Hohfeld’s
analysis of legal right appropriately. However, MacCormick, Kant and Raz theories have
also been provided in the chapter to make readers understanding easier.
The thirteenth Chapter has been demarcated on how law is executed in civil,
criminal, service, revenue and other legal matters in the country. Wherein, the authors
have explained that what are the roles of different agencies in terms of executing law at
different levels, though role of bar and the bench have also been mentioned in the chapter.
The fourteenth Chapter emphasis on the methods of law teaching, teaching
methods, examination, qualifications, levels of study, post-graduate and research degree
in law. In this chapter, the authors have given a holistic approach to law teaching as a
better career option where any one can achieve his goals of life and contribute in legal
profession as such. The focus is also given on how the best legal curriculum can be
designed for different degree programme with effective outcome of it. The reviewer is of
the opinion that this chapter will enhance teaching and course design skills of young
teachers, who are willing to take teaching as their career.
The fifteenth, sixteenth, seventeenth, eighteenth, and nineteenth Chapters have been
dedicated on the alternative disputes resolution mechanism wherein the authors have
defined arbitration, negotiation, mediation and conciliation as an alternative disposal of
disputes outside the court. While focusing on arbitration, the authors have provided

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statutory provisions from the Act of 1996 along with the forms of arbitration, private
arbitration, judicial arbitration, arbitration and mediation process in general and family
disputes and mediation in particular. Further, they have focused on negotiation theory-
foundations and approaches, viz., structural approach, strategic approach, behavioral
approach, concession exchange approach and integrative approach. A considerable focus
is also given to principles of conciliation with a role of a conciliator in conciliation vis-à-
vis arbitration and mediation. The authors have supported their research with the relevant
provisions of Code of Civil Procedure, UNCITRAL, ACAS, and NADRAC with
comparative analysis of USA, UK and India and opined that ‘the introduction of
conciliation as a means of alternative dispute resolution in the Act is definitely a positive
step towards encouraging parties to opt for it. Taking into consideration the time efforts
and money involved in pursuing cases before a court or an arbitrator in India, conciliation
should act as the perfect means for resolving disputes, especially those of commercial
nature’. Further the authors have exonerated on the importance of mediation as an
alternative dispute resolution mechanism with steps to be taken in mediation where
mediator acts as a facilitator and connected mediation with Lok Adalat in a very perfect
manner.
The twentieth Chapter provides in detail the provisions of the Legal Services
Authority Act 1987 with their applicability and suo motu action to be taken. The chapter
also provides the provisions on Lok Adalat and working procedure. The authors have
given considerable focus on the importance of legal aid services to be provided to the
variety of people within the legal limits.
The twenty-first Chapter is devoted on to the research methodology in law wherein
the authors have provided with meaning, and objectives of research and different types of
research such as descriptive or analytical; applied or fundamental; quantitative or
qualitative; conceptual or empirical; and some other types of research. While highlighting
the significance of research, the authors have explained in detail the formulating the
research problem, extensive literature survey, development of working hypotheses,
preparing the research design, determining sample design, methods of collection the data,
methods of hypotheses testing, generalization and interpretation of data and preparation
of the report. The reviewer is definitely sure that this chapter will enhance research skills
of the budding lawyers in their research pursuits.
The last Chapter is dedicated to globalization, human rights and methods of law
where the authors have explained in detail global sociology, theory of international social
learning, reflexive globalization and politics of rights. They have further analysed new
Indian jurisprudence in the light of cases of Indira Gandhi to Jai Prakash Narayan,
constitutionalism, classical liberal theory of human rights. At the end of the chapter, the
authors have explained that how process of modernization and beck’s politics for human
rights and re-invention of politics-southern phenomenon have played role in the Indian
democracy.
On the whole, the book is very well written. The in-depth analysis of the concepts
covered in the book will provide valuable insights to students of law, researchers,
academics, lawyers and judges. However, adequate care to correct the printing mistakes
has not been taken. At places the authors skip over the points without giving the benefit
of detailed analysis and the ratio of some cases for the benefit of the students and the
researchers. The reviewer while admiring the efforts of the authors in bringing out a

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scholastic work for the benefit of the students of law and researchers; trusts that they will
fill the gaps and correct the printing errors in the next edition. This book undoubtedly will
be a welcome addition for the students and researchers of law. Despite the shortcomings
adverted to and notwithstanding many other little quibbles in respect of referencing, this
is a book to dip into, splash about a bit in and return to again and again for vigorous
intellectual exercise.
Vidhi Singh,
Student of B.A.LL.B.,
Symbiosis Law School, Hyderabad.