Legal skill and research methodology, designing

Legal research

1. T O P I C 1 D E S I GN I N G T H E R E S E A RC H

2. RESEARCH DESIGN? A research design is the plan of the research project. It outlines the basic steps the researcher will follow, and sets defined goals the research is intended to achieve. Research design is concerned with the structure, plan and method(s) of investigation with a view to reaching acceptable answers to research questions.

3. The research design constitutes the blueprint for the collection, measurement and analysis of data. A research design serves two purposes: it helps the researcher to make a rational allocation of his resources for collecting material for his research; and it allows him to identify the tools he may require for his research. Planning Literature review Data collection Data reporting Data analysis COMPLETION

4. DESIGNING RESEARCH + PROPOSAL WRITING Before writing a research proposal, a researcher (student) must take note of the following points: Already identified the exact research topic, its scope and its major issues. A clear vision regarding the aims of the research. A clear vision regarding the research method you are going to follow.

5. Some idea about the difficulties you may encounter in your research and prepare some counter measures. Identified why the research topic is important and in what aspects. Identified a short list of the most important references. Located the sources of your information.

6. THE MAIN INGREDIENTS & SEQUENCE IN WRITING A RESEARCH PROPOSAL: Academic research proposals are usually composed of the following elements: The Title Title summarizes the main idea/s of your study – a good title contains the least possible words needed to adequately describe the contents and/or purpose of your research paper. It should be self- explanatory, in the sense that anyone who reads it can assess what the research is all about. It must be expressed in such a way that it shows clearly that the research project is in the area of law.

7. HOW DO YOU FRAME YOUR TITLE? 2 types of titles: Descriptive (content & scope of study) Analytical (issue/perspective of study) Subtitles: may be included to explain /provide additional context; to qualify the geographical scope of the research or to qualify the temporal scope of the research.

8. It should be short - It is ordinarily a one- line statement. It can, however, be a longer statement if this would make the title more explanatory in nature. It may also be expressed in one sentence or it can have two parts using a colon (:).The first part is a general statement and the second part (subtitle) provides further information about the nature of the study ie; to explain /provide additional context; to qualify the geographical scope of the research or to qualify the temporal scope of the research.

9. (2) INTRODUCTION/THE BACKGROUND OF THE STUDY Every research topic has a background and a context. You should be able to demonstrate that you are aware of the major factors which surround your problem. Its purpose is to present an introductory outline of the matters with which the research is concerned. It is also the function of this introduction to capture the interest of the reader. The researcher should identify the basic ‘problem’ (if any), issues or questions which the researcher intends to study - If the research involves some social problems or questions, the researcher should highlight their nature, seriousness, dimension, their effect, and in what way law is related to them.

10. (3) THE RESEARCH PROBLEM/STATEMENT OF THE PROBLEM The research problem must be the focus of the proposal and, in fact, the whole research project. It is the culmination of the background work and the initiator of the specific research tasks. It must be very clear from the text of the proposal what the nature of the problem is, how it was identified, and why it is a significant problem which needs to be researched.

11. While most students are fairly sure of the subject they want to research, many are uncertain of the exact problem they wish to address. Research problem can be formulated by looking into an unresolved controversy, a gap in knowledge or an requited need within the chosen subject. The statement made must always be substantiated with evidence to show that it is a “problem” that needs investigation/research.

12. (4) RESEARCH QUESTIONS Research questions can be derived in many ways- from personal observations and experiences, from theories, from our previous knowledge, from what we read, see or hear in our daily life. Perhaps the best source of finding researchable questions is the academic and professional literature. Research question helps the researcher in the selection of the relevant material or collection of data. Its use prevents him or her from collecting information, which may later prove useless. In its absence a research may be confused as to the purpose and goal of study.

13. Research questions are generally deduced from the research problem (s) formulated by a researcher. By having a research question, a researcher at the end of the research would be able to ask whether the research questions have been answered altogether in the findings, thus achieving the research objectives.

14. (5) OBJECTIVE (S) OF THE STUDY It serves as an introduction to the heart of the research. It should be possible to state the objectives/aims of the research in two or three sentences. It should be clearly specified what the researcher wants to do and what purpose the study is designed to achieve. The objective is a broad statement of what the researcher intends to do. The objectives of a research will obviously depend on the nature of the topic selected, the type of research questions raised, and the methods to be followed in carrying out the research.

15. (6) SIGNIFICANCE OF THE STUDY & CONTRIBUTION The research proposal should indicate why the research area selected is important. It should be specified whether the topic is such that no study has been earlier conducted in the area or, if conducted, needs further study because of insufficient coverage or because a study can be conducted from a different perspective that covers different or additional aspects. The proposal should indicate how the study will be a contribution to existing knowledge, and will be useful for the institution, academic community or society.

16. (7) METHODOLOGY/RESEARCH METHODOLOGY The purpose of a methodology section in a research proposal (design) is to provide sufficient information about how the study is planned to be carried out. A researcher should specify the most basic features of the methodology or methods used, to enable the reader to assess the proposed project’s relevance and importance.

17. Which methodology to adopt in carrying out a research will depend on various factors i.e., the type of approach or study. A researcher is expected to specify the type of approach or study adopted for the research and explain why such approach is considered appropriate. The nature of information needed will also determine the methodology to adopt in carrying out a research by a researcher. For example, the materials used in a doctrinal legal research are largely library-based and consist of what are often described as primary and secondary sources. Hence, the researcher should specify the type of data needed and their relevance to the study.

18. (8)SCOPE OF STUDY/DELIMITATIONS A study should not be of a very general nature but should be confined to a particular time-period, geographical area, place, people and institution. A researcher has to choose an area of research that is limited in nature and should specify in the proposal its general limits. Delimitations means, as Keith Punch, suggests,“the drawing of boundaries around a study and showing clearly what is and what is not included”.The advantage of especially specifying what is included and what is not in the study is to enable the reader to know the essential purpose of the research and the limits of the study as determined by the researcher.

19. (9) LITERATURE REVIEW A researcher must find out what others have said and what scholarly literature is available on the topic selected for research.This is essentially done in order to be familiar with the current state of knowledge regarding a research problem, and to learn how others have conducted research on similar problems. A review of the relevant literature may reveal what aspects in the area of proposed research have already been covered and whether what remains uncovered is a worthwhile subject of study.

20. (10) OUTLINE OF CHAPTERS Chapters should be arranged in a logical sequence and each chapter should explain, though briefly, specific matters it is designed to deal with. In each chapter, the most important matters which are intended to be discussed and examined should be placed under various headings and sub- headings. This will enable the researcher to proceed with the study in a systematic and logical order and will enable the reader to have an idea that the study is well- planned and that the researcher knows well what aspects of a topic need to be discussed and examined and how to go about it.

21. (11) TABLES & BIBLIOGRAPHY For all research projects that require a literature review, a bibliography is necessary. In a legal research proposal, a bibliography consisting of all books, articles, case comments and other literature, discussed under the literature review head, need to be provided. The purpose of a bibliography is to enable the reader to have an idea of the nature and extent of the literature reviewed by the researcher.Where decided cases have been discussed under the literature review head, a table of cases and, where appropriate, a table of statutes should be provided.

22. CONCLUSION This sequence is usual, but small variations are possible. It is a good idea, at the first attempt, to write a preliminary draft of the proposal while concentrating your attention exclusively on the orderly sequence of statements and ignoring grammatical and stylistic considerations. Once you have achieved a sound structure you can spend time refining your composition without danger of a subsequent major construction.

23. TH AN K Y O U F O R Y O U R KI N D A TT E N TI O N …