Research Methodology for Law and Criminal Justice IRM1501 - pg39 UNIT 3 -3.5 Generic steps of empirical research
Unit 1 Intro to Law research
WHAT is research?????
The Free Dictionary1 defines research as
the systematic investigation to establish facts or principles or to collect information on a subject”.
Creswell states
research is a "process of steps used to collect and analyze information to increase our understanding of a topic or issue".
three steps
posing of a (research) question
collecting information or data in order to answer the question
presenting an answer or answers to the question.
WHY is research important ???
helps you to have a detailed analysis of everything that forms the basis of your research
enhances your knowledge
increases your knowledge about the topic of your research
clarifies possible confusion
assists in the proper understanding of the subject
helps in learning about the methods and issues that require investigation.
introduces you to publishing
enables you do work collaboratively with others.
SCIENTIFIC + NON scientific research
What is Scientific research???
1 - Science is always based on FACT
Facts = EMPIRICAL or NON- EMPIRICAL (not observable)
2 - science is logical and objective
facts from which science is founded are a product of a rational process
3 - science is informed by the desire to provide certainty
4 - science is that the answers provided by science are always precise and measureable.
NON- Scientific Research
pseudo research
research that is collected haphazardly or carelessly
not logically supported
produces findings that cannot be “reproduced
generally not used for proper research purposes
1.4 Basic RESEARCH METHODS
In law, research is usually document based
research usually involves reading, analysing and comparing various documents
finding the sources of law, reading, analysing and evaluating them and then synthesising your findings into one coherent report
the purpose behind legal research is to identify the sources of law applicable to understanding a legal problem and then to find solutions to the identified problem.
1.5 Referencing in Research
modes of citation
must keep a record of all sources which you consult
Unit 2 Document-Based Research
2.2 What is document-based research ???
DOCUMENT-BASED research = qualitative method of research or qualitative research.
has to do with the reviewing of sources that are mostly sourced from or found in the library
law reports
legislation
textbooks
law journals
2.3 Why is document-based research important?
It provides current answers to the legal problem being researched.
It provides information about what other scholars have written on the subject
indicates whether anyone has written on the subject yet
whether the subject being investigated has been fully explored and has thus become saturated.
whether there is a gap in the available literature that still needs to be explored
whether there is a need to conduct further study of the subject
2.4 Components of document-based research
process of conducting document-based research
Planning of research
Doing the research
2.5.3 Reporting on your research
Systematic approach
3 - Step system =Facts-Issues-Applicable Law (FIA system)
first establish the FACTS
identify the legal ISSUES
find the APPLICABLE LAW
consider legally relevant facts
decide which facts are relevant
Where do I find the sources for the research?
How do I find the sources for the research?
How do I ensure that the sources relate to the research?
decide what the legal problem is
Must Demonstrate the following
Specific and clear research objectives
Consistency
Hypothesise imaginative ideas
Clear techniques for accessing research information
Interpretation of information in a scientific manner
Operational research framework
clear understanding of what the problem
have collected quite a bit of information
evaluate, understand and organise information or facts
Sources of law
Summarising a case
legal research = finding the sources of law
reading, analysing and evaluating the sources
synthesising your findings into one coherent report
helps you to understand the case
way of keeping track of what was decided in a case
HOW CASES should be summarised
1 citation (name) of the case at the top
2 Summary of the facts
Legal question
Ratio decidendi
Finding
only stick to the facts that are most relevant to the legal issues
should not exceed one paragraph
A legal question will normally be only one sentence
Along the lines of does the law allow you to XXXX?
court's reason for its decision
biggest part of the summary
sets a judicial precedent
lower courts are bound by decisions of higher courts
find the law (legal principles) that the court used to decide the case
one-line summary indicating how the case was ultimately decided
Contextual Differences
most important thing = the research report
The way you structure your REPORT depends on who you REPORTING to
BASIC structure
UNIVERSAL legal REPORTING structure = IRAC
IRAC = Issues, Rules, Application and Conclusion
ISSUES = start with an analysis of the ISSUES
RULES = summary of the legal RULES applicable
APPLICATION = apply the rules to the issues @ hand
CONCLUSION = come to some kind of CONCLUSION
UNIT 3 Empirical Research
EMPIRICAL RESEARCH = collection of data from people
nterviews or questionnaires
3.2 What is Empirical Research????
also called quantitative research
a process in terms of which data is collected and analysed
a researcher would rely on experience or observation
data based, the conclusions #
capable of being verified by observation or experiment
3.3 Components of empirical research
within the field of social sciences
aims to explain and predict HUMAN BEHAVIOUR
does this by
observing, reflecting, and/or measuring social phenomena
MUST meet the FOLLOWING CRITERIA
empirical research should have specific purpose
empirical research should follow a particular method of collecting data
aim or purpose of empirical research must be within the following COMPONENTS
describe the research topic
explore the research topic
explain the research topic
evaluate the research topic
3.3.1 DESCRIPTIVE RESEARCH
Primary goal = DESCRIBES the TOPIC being researched
"HOW"
"WHY"
3.3.2 Exploratory research
Happens when there is FEW or NO LEGAL research
aim = WHAT is going ON
3.3.3 Explanatory research
There is ALREADY well documented LEGAL research
aim = Researcher wishes to explain "why things are the way they are?"
3.3.4 Evaluation research
explore the impact of a specific form of intervention
eg - how effective a policy or programme is
cause and effect
form of explanatory research
3.4 Why is empirical research important?
Inquisitiveness
Addressing social problems
The development and testing of theories
curious about investigating a particular legal problem
eager to find solutions or legal certainty