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