RESEARCH PROCESS WITH PROBLEM IDENTIFACTIONAND FORMULATION

Vivek Patkarvnpatkar2004@yahoo.co.in

What Research is not:

• Research is not just information gathering

• Research is not rearranging the facts and figures alone

• Research is not playing of words• Research is not a sales gimmick

What is Research? Starts with a question or

problem Accepts certain basic

assumptions or theories Requires unbiased data

collection and analysis Expects critical interpretation Performs validation Needs articulated

documentation and presentation

Leads to further research

Research Focus Generating novel but useful ideas. Learning to challenge the existing

knowledge. Using creative capacity to discover

or invent something new including theory and interpretation.

Bringing a new creation to fruition. Diversifying as far as possible,

particularly, latter in the career.

Research Aims 1. To understand the properties of the

given phenomenon. (voter-behaviour)

2. To understand relationships between variables. (existence of causal links)

3. To predict the outcome. (use of theory)

4. To replicate research for validation. (confirm or refute)

5. To develop new algorithms or instruments. (implementation and testing)

6. To produce a theory. (ultimate goal)

StrategyHypothesis

Problem

Data Collection, Data AnalysisDesign of Experiment

Critical InterpretationChecking for Validity

PublicationWriting

Ethics Followed at Every Step

Research Methodology Framework

Research Process It is a systematic linear process with a

few parallel activities along side It is transparent It is confined to the study of a well

defined problem It involves in-depth analysis & validation Its outcome is to be interpreted within

the data limits, but critically It provides clear verdict on the problem It is often cumulative in nature

Types of Research• Extension or generalisation of

the currently available results• Explanatory (why), finding the reasons

by building theories & hypotheses and testing them

• Descriptive (what, where, who & how), leading to prescription

• Benchmarking study contd….

Types of Research

• Predictive (estimating future values)

• Evaluation study (effect of TV on reading habits)

• New / Improvement of process or product or service

y = a0 + b1x1 + b2x2

Impact Assessment Study Economic: wages, employment, land

values

Demographic: sex ratio, age structure

Fiscal: sales tax, property tax

Community: demand for services,

housing, transport

Social: displacement, leisure activity, crime

Environmental: quality of air, water

Online or E-Research☼ Use of research methods to study

different aspects of the Internet☼ Use the Internet to apply research

methods for the research questions☼ It facilitates collaborative research☼ Online surveys & interviewing, online

focus groups, virtual ethnography are the popular tools

☼ Refer for details: http://www.survey.bris.ac.uk http://www.ssoar.info/ http://www.oii.ox.ac.uk/microsites/oess

Types of Legal ResearchEvolution Tracing Research (How legal

system evolved?)Evaluative Research (explain what law is)

Identification Study (who benefits?)

Impact Study (on groups & community)

Projective Research (Legal Commission)

Predictive Research (misuse possibilities)

Collative Research (data organisation)

Historical Study (tracing a legal fact)

Comparative Study (over time or country)

Legal Research Forms

A System of Law

Normative System

- Legal Norms- Provisions- Conventions

Social System

- Roles- Statutes- Institutions

Social Control System

- Authority- Power- Sanctions

How law is created?What are its criteria?

Role of law-makers?Role of law-interpreters?Role of law-enforcers?Role of law-abiders?Role of law-breakers?

How legal rules andnon-legal rules are inter-related?

? ? ?

A Comparison

Legal Research• Validity of doctrinal

research is unaffected by the empirical world

• Internal participant-based epistemological approach

• Subjective argument-based methodologies

• Deductive and analogy reasoning is predominantly used

Sci. & Soc. Sci. Research• Validity of research

findings is determined by empirical investigations

• Generally objective approach

• Use of quantitative and qualitative methodologies

• Induction,

deduction,

retroduction and

abduction methods used

Disciplinary Models

Broad areas of legal research could be: Doctrinal Research – study the legal rules,

principles and concepts; develop theories Research in Theory – examine conceptual

basis for legal rules and principles Empirical Investigations - assess impact

of law and reveal the gap between legal theories, idealism and social reality

Reform-Oriented Research – recommend changes in law and legal institutions

Select Legal Research Areas

Dennis Pearce, Enid Campbell, & Don Harding, Australian Law Schools: A Discipline Assessment for the Commonwealth Tertiary Education Commission (AGPS, 1987).

No

n-D

oct

rin

al

A possible career path for a legal academician!

a. ascertain suitable law on a given topic or subject in the given context.

b. highlight ambiguities and inbuilt weaknesses of law.

c. critically examine consistency, coherence and stability of law and legal propositions.

d. undertake social audit of law to understand its creation and impact in practice.

e. make suggestions for improvements in, and development of, law.

Legal Research can help to:

P M Bakshi, Legal Research and Law Reform, in S K Verma & M Afzal Wani (eds), Legal Research and Methodology, Indian Law Institute, New Delhi, 2001. p. 111.

Research Steps

Identify the Research Problem

Prepare a Research Plan

Collect the Data

Analyse & Interpret Data, Validate

Prepare the Research Report

Select the Research Strategy

Establish Research Questions

S-1

S-2

S-3

S-4

S-5

S-6

S-7

Research Proposal

PreliminaryResearch Activities [continuous literature search is expected]

Approval

Ethics is followed atevery Step

Starting Point

• Curiosity• Cause Effect relationship study• To generalise the available results • Dissatisfied with the existing

product or process or explanation

• To test an unorthodox idea

Locating a Problem• Paradox and contradiction:

By focusing on such phenomenon new opportunities can be explored – treat them as leverage points (e.g. bumper crop, but starvation continues)

• Perspective and scale: Building different perspectives from different observation points helps (e.g. legal competence from feminine perspective)

• Reengineering option: Considering this approach to a situation often provides new opportunities (e.g. virtual classroom

teaching and academic performance)

Problem Identification The problem is the aspect the researcher

- worries about,

- thinks about, and

- wants to find a solution for. The purpose is to solve the problem,

i.e. find answers to the question/s.

Examples: 1) Suicides in recent years by the farmers in Maharashtra (why?)2) Commercialisation of education in India (what are the impacts?)3) A digital divide prevails in the Indian society (how to bridge it?)4) Social capital in the urban areas helps the migrants (how?)

Legal Research Topics

Select Areas:• Law Reform Research• Social-Legal Research or Law in

Context Research • Sociology of Law• Law and Environmental Economic

Movements• Critical Legal Studies• Cyber Laws

Ways for Problem Identification

‡ Drawing on life experience‡ Historical incidence‡ Item in the news‡ Eye-witness‡ Local issues‡ Country or region specific‡ Guide’s research programme‡ Cyber inspiration

InitiationOutline the general context of the

problem area Highlight key theories, concepts and

ideas current in that problem area Enlist basic underlying assumptions

of the problem area Write down the identified important

issues Focus on what is to be solved or

resolved

Idea DevelopmentLiterature Search: Use different libraries; take notes

(Refer Index to Legal Periodicals – Indian, Foreign; for Indices - http://www.washlaw.edu/lawjournal/, Database - CURIA)

Do the Internet search; scan pertinent blogs; note the URLs & date of browsing

Locate major authors and institutions active in the area (get in touch with them)

Actions-Interactions: Crystalise your ideas, frame the

objective and prepare first draft of your proposal

Discuss it with various experts

Problem Background• Are there issues about this

problem to which answers have not been found up to the present?

• Why are these identified issues so important?

• What needs to be solved?• What are the underlying

assumptions?• How far is it relevant in the Indian

context?

Problem Statement Grammatically correct Complete, unambiguous and well

articulated All the technical terms are suitably

defined Division in sub-problems for better

management of the study & further translation into research questions

Research Questions• To be researchable, a research problem

has to be translated into one or more research questions.

Types of Research Questions:• What questions require a descriptive

answer (describing the features of a social phenomenon)

• Why questions ask for the causes or reasons for the observed features (seeking to understand the relations between social processes)

• How questions are concerned with bringing about change (suggesting possible interventions and outcomes)

Types of Questions¶ Testable questions – should help

building, theories & experiments and carrying out analysis

¶ Closed questions – those having a specific answer that may or may not be known e.g. what is the trend in the rate of inflation during the last 18 months?

¶ Open questions – may have multiple answers and require considerable research e.g. what would be the composition of Party-wise Loksabha Members after 2014 elections?

To advance the science of law, the issues could be: ¶ Why a particular rule? ¶ What led to its adoption? ¶ What are its effects? ¶ Whether it is suited to the

present conditions? ¶ How can it be improved? ¶ Whether it needs to be

replaced entirely by a new rule?

A Sample of Legal Research Enquiry

S N Jain, Legal Research and Methodology, 14 Jr of Ind L Inst 487 (1972), at 490.

Research Question Forms• A research question is a logical

statement that progresses from what is known and factual to that which is unknown and needs validation.

• Two forms of research questions: - a central question - associated or sub-questionsEx.:- How can the quality of Indian research be raised? Which are the governing factors? What is to be changed in the education system? What could be the incentives?

A Research Question Feature§ Research Questions should be Well

Grounded.§ Well grounded means that they are

searchable questions.§ Well grounded questions are not too

narrow, too broad, nor too challenging. § In practice it implies inclusion of key

words or terms, one can use to search information resources (both online & print) to know more about research done in that area.

Problematic QuestionsToo Narrow: • Does India have a written Constitution?• When was the “Emergency” declared in India?These questions have a “Yes” or “No” answer, or can be

replied by one word.

Too Broad: • What is the history and value of Philosophy?This question cannot be covered in the scope of single

work.

Too Challenging: • Why is the Indian college education so lopsided?This question is too opinionated and is based upon

people’s feeling and would need a very large study.

Example of a Research Question

Topic: A Study of Mid-Day Meal Scheme

in the Municipal Schools in Jalgaon

Research Question: What are the health and academic benefits of mid-day meal scheme in primary, and middle school sections of the Municipal Schools in Jalgaon?

Sub-questions• Sub-questions are narrower questions

that together answer the research question.

Example:Research Question: What are the health and academic

benefits of mid-day meal scheme in primary, and middle school sections of the Municipal Schools in Jalgaon?

Sub-questions:1. What are the standards for health and academic performance

adopted by the concerned public authorities in Jalgaon?2. Is there a difference made by the mid-day meal scheme in the

health and academic performance of elementary and middle school sections of the Municipal schools in Jalgaon?

3. Does mid-day meal supply a certain amount of nutrition value?4. How does mid-day meal scheme operate and in what way can it

be strengthened and expanded?

Types of Research Questions Existence [Do senior citizens suffer from general

slowing?]

Description and Classification [What are the characteristics of span of attention? Is it constant or variable?]

Composition [What are the factors that increase crimes?]

Relationship [Is saving directly related to income?]

Descriptive-Comparative [Are instruction booklets with text and graphics more effective than those with text alone?]

Causality [Does dividing attention degrade performance?]

Causality-Comparative [Is swimming better than cycling to build the physical stamina?]

Good QuestionsCharacteristics: Clear Specific Answerable Interconnected Substantially relevant

Sub-questions could be converted inhypotheses, if justified

Research Problem

Social Phenomenon:Housing shortage is a chronic problem in urban India

Research Problem: What are the nature, causes and consequences of housing shortage in a given urban area?

Research Problem: What are the nature, causes and consequences of housing shortage in a given urban area?

Research Questions:

What is the extent of housing shortage? (data on population, family size, housing stock…)

What are the consequences of housing shortage?

(slum proliferation, abnormal rents…)

Why does the shortage exit or what is the root cause of the shortage?

(shortage of land, high construction cost,…)

How can the shortage be removed? (promoting LIG house-building schemes, policy of increasing FSI…)

Settlement Unit No. of Persons

Anthropos 1Room 2House 5House Group 40Small Neighbourhood 250Neighbourhood 1500Small Polis (Town) 10,000Polis 75,000Small Metropolis 5,00,000

Metropolis 4 millionSmall Megapolis 25 millionMegapolis 150 millionSmall Epropolis 750 millionEpropolis 7500 millionEcumenoplis 50,000 million

C.A. Doxiadis, ACTION for Human Settlement, Athens Centre of Ekistics, 1976, p.185.

Urban Area according to the Census of India is:

a) All statutory places with a Municipal Council, Municipal Corporation, Cantonment Board or Notified Town Committee, or

b) A place satisfying all the following conditions:• a minimum population of 5000,• at least 75% of male population is engaged

in non-agricultural activities, and• a density of population is at least 400/sq.km.

Town with population more than or equal to 1,00,000 is called City.

Topic Selection(Academic Research)

Factors to be considered: Relevant to the institution and time State of the current knowledge Emerging research area (future oriented) Data expediency can largely be ensured Availability of guidance & facilities Personal confidence

Select LeadsSome triggering event observed or

learned aboutOwn experience or the experience

of others Literature review to notice that a

certain field or types of problems are not covered 

Shortcomings of the existing theoriesFancy for some topic or concept

arising out of the study say, during the L.L.M. or M.Phil. stage

Select Leads (2)

Research can thus be aimed at clarifying or substantiating an existing theory clarifying contradictory findings correcting a faulty methodology correcting the inadequate or unsuitable use of statistical techniquesreconciling conflicting opinions solving existing practical problemsDeveloping better algorithms or methods

Generic Design Science‡ Often scope of the problem is either

not properly defined, or

it has too many dimensions, or

too few dimensions.‡ Generic Design Science addresses this

issue by balancing the following three factors:

1. Variety 2. Parsimony 3. Saliency

Variety• Prepare exhaustive list of factors

associated with a design situation• Solicit inputs from as many

participants and stakeholders as possible using different means

[Aim is to build the maximum possible variety in design to counter the variety in tune with Ashby’s law of requisite variety]

Parsimony• Sort out the factors in their importance

through wider debate and discussion• Identify the most critical factor for

system design

[Aim is to make the problem manageable in practice in tune with Miller’s law of parsimony on human information handling capacity]

Saliency• Simplify the design by matching

proposed features with critical needs• Prepare a sequence for system or

experimental study implementation

[Aim is to derive a priority structure among the activities to guide implementation in tune with Warfield’s law of saliency]

LEARNERS DURATION FACULTY

• Primary• Secondary• College• Post-Grad.

• 45 minutes• 60 minutes• 75 minutes• 150 minutes

• Regular• Part-

Time• Visiting• Private/ Contract

• Govt.• Private• International

• Nominal• Standard• Variable

FUNDING FEES

A Classroom Management System

• Lecture• Case Study• Project Work

PADEOGOGY

Tie Line

COURSE

• Fixed

• Varied

• Evolving

FOCUS

• Concept

• Method

• History• Use

Checklist1. Is the problem of interest for

both current and future?2. Is the research question put in

clear, concise and argument form?

3. Will its study contribute significantly to either theory or practice?

4. Will it lead to new research?5. Will it be practical to conduct

the research?

Checklist (2)

6. Can the research be completed within a reasonable time say, three years?

7. Is it possible to obtain reliable data?

8. Is one qualified or trained to handle the problem?

9. Will there be serious ethical issues involved in the conduct and presentation of the research?

Answers to most of these questions (except Q.9)should be affirmative to commence the research

Research Steps

Researcher’s SWOT Analysis(with respect to the research topic)

Strengths:• qualifications• experience• reputation

Opportunities:• novel problem• new computer

tools• multidisciplinary

work

Weaknesses:• inadequate facilities• analytical tools• writing skills

Threats:• strong competition• time limit• Internal hostility

Academic Guide’s Role • Assessing the research theme potential• Indicating possible approaches• Preparing for the research journey

• Judging the quality of results• Examining the interpretation, validation

SMART(ER) Principle Specific: Articulate objective/s Measurable: Quantifiable results/output Achievable: Realizable in practice Relevant: Possible applications in sight Timely: Avoid abnormal delay Evaluated: Acceptable i.e. flawless Recorded: Widely noted and cited

Aim to submit your Ph. D. Thesis within three years Work should result in at least two research papers in the top class journals in the field – more are welcome!

Research TipsRead and think constantly about your

topic and prepare notes for referenceWrite weekly research memoStick to your research designCollaborate with a Statistician

for designing the experimentsWrite and present your Thesis Chapters

periodically to your GuideDiscuss your work with different

subject expertsEnjoy the research activity

Thank You