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
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