2. Legal Research Methodology

Meaning of Legal Research Methodology

Systematic study or investigation

Existing facts or knowledge

With object To find truth or reality Legal rules, principles,

concepts, theories, doctrine, decided cases, legal institution, legal problem, issues or questions

Objective of Legal Research Nature, Scope and purpose To Examine legal principles and precedents as

established by courts. Nature and composition of legal institution Relevancy Weaknesses of existing law Comparative analysis Advantages or disadvantages of law – Actual fact situation Requirement of special enactment To discover new facts or verify old facts or

extend knowledge or develop a theory or arrive at a general conclusion.

Authoritative work

Approaches to Legal Research

Empirical

Research

Doctrinal

Research

Libraries, archives and other data-

bases.

Field study, cause and

effect, ideas, views,

attitudes or values.

Types of Legal Studies• Descriptive and Exploratory

studies• Explanatory studies• Analytical or Critical studies• Historical studies• Comparative studies

Deduction ‘Top down’

Theory

Hypothesis

Observation

Confirmation

Induction ‘Bottom up’

Theory

Tentative Hypothesis

Pattern

Observation

Selection of the Research Topic

Sources

•Printed sources•Paper presented at academic gathering

Ongoing or prior

research

•Available data•Media

Basic consideration in the selection of topic

Genuine interest to researcher

Problem or researchable

questionFeasible to study

Academic and social value

Research designTitle of the research projectIntroductionResearch questionHypothesisLiterature ReviewObjective of the studyResearch MethodologyScope of the studySignificance of the studyContents/ ChaptersTables and Bibliography

A hypothesis is an unproven proposition or possible solution to a problem.

Hypothetical statements assert possible answers to research questions.

A hypothesis... in its simplest... is a guess.

William G. Zikmund, Business Research Methods (6th edition) Ohio: South Western, 2000, p 92.

Writing Dissertations and Theses

• Organization of the Research Work

• Outline • Chapters• Headings/

Sections• Paragraphs• Sentences

• Writing style• Clarity• Plain Language• Gender neutral

language• Necessary steps

before finalizing the work

• Revising• Editing• Reference citation• Conclusion

Socio Legal Research

• Exploratory studies• Descriptive studies• Explanatory studies• Casual studies• Basic Research• Applied Research• Evaluation studies• Pilot studies• Cross- Sectional

studies

• Longitudinal studies

Panel studiesCohort studiesTrend studies• Predictive studies• Quantitative

Research• Qualitative

Research

Research Design in Socio- Legal Research

Title of the research project Introduction Research question Hypothesis Literature Review Objective of the study Research Methodology Scope of the study Significance of the study Contents/ Chapters Tables and Bibliography

Methodology

• Type of data needed• Methods of data

collection• Socio- cultural

context of the study• Place or geographical

area to be covered by the study

• Type of sampling to be used

• Data Coding and Analysis

• Note of formulation of Hypothesis

• Independent and Dependent variables

• Verified or tested• Concepts and

Comparison in Hypothesis should be clearly stated

• Types of Hypothesis One- directional Two- directional Null Hypothesis

Social survey research method• Interview• Questionnaire

Socio graphic

characteristics

Attitudes

Behaviour

Observation Method of Data Collection

SelectionRecordingEncoding

•Participant Observation•Non-participant Observation

Major steps in observation research

Field work

preparation

•Selection of research setting•Gaining entry

Gaining rapport and Cooperatio

n

•Collecting, recording and organising the field notes•Analysing the data and preparing report

Interview Method of Data Collection

Types

Structured

Unstructured

Procedure in conducting the interviewInitiating the

Interview

Dealing with Refus

alsBroad Questi

on Initiall

y

Question as Worde

dClarifying

Issues

Leading

Questions

Probing

Recording

ResponsesRecor

d the Intervi

ew

High Participation

Greater Flexibility

Lengthof Interview

Possibility of Obtaining High

Responses

Probing

Advantages

Cost

Time

Anonymity of Respondents

Disadvantages

Interview Bias

Speed

Cost

Call back

Absence of

face to

face conta

ct

Feasibility

Wider

coverage

Advantages of Telephonic Interviewing

Disadvantages

Limited Duration

Non - Cooperatio

n

Limited Represent

ation

Questionnaire Method of Data Collection

Relevance of the Study

Relevance of Questions

Selection of Respondents

Open- ended questionsAdvantages

Freedom to expressBeneficial for

exploratory researchToo many potential

answersComplex issuesBetter

understanding to draw inferences & conclusions

Disadvantages

Wide variety to answers

Problem in analysis & tabulation

Requires superior writing skills

Too general in nature to understand

More time & effort.

Close- ended questionsAdvantages

Precise predetermined answers

Coding, comparison, tabulation & analysis becomes easy

Less reluctant to answer

DisadvantagesFixed answers or

forced answersLack of adding

comments by respondents

Difficult to ascertain the correct understanding of question

Question wording

Clarity and Simplicity

Vague words

Leading

questions

Double

barrelled questions

Sensitive and

Embarrassing question

Order of questions

Mailed questionnaire

Advantages• Geographical

Flexibility• Locating

Respondents• Cost• Time Saving• Respondent

Convenience• Greater Anonymity• Interview bias

Disadvantages• Limited

Usefulness• Lack of

Flexibility• Low response

rate• Problem of

Unanswered questions

• Possibility of others answering the questions

Cover LetterSurvey SponsorshipMonetary IncentivesFollow- ups

Sampling• Nature of sampling• Sampling in Quantitative

Research• Advantages in Sampling• Technical terms used in

Sampling• Sampling Element or Unit• Population • Sampling Frame• Sampling Design

Drawing a sample from the sampling frame

• Sources of Sampling Frame• Types of SamplesProbability SamplingSimple Random SamplingSystematic SamplingStratified SamplingCluster SamplingNon- Probability SamplesConvenience SamplingPurposive SamplingSnow ball SamplingQuota Sampling

•Sampling error•Sampling size

Data Preparation and Analysis

Qualitative Data AnalysisQuantitative Data AnalysisEditingHandling Blank ResponsesDealing with Don’t Know ResponsesField EditingIn- house EditingCoding

Appropriateness

Exhaustiveness

Mutual Exclusivity

Item no Variable name

Response

1. Identification no.2. Offender’s Name3. DOB4. Prior Cases of arrest Domestic violence5. Gender6. Relationship with victim7. Gross income

Writing a Socio-Legal Research Report

Title

Abstract

Table of Contents

Introduction

Literature Review

Research Methods

Findings

Summary and Conclusions

References

Appendix