Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 4

Research methodology notes ______________________________________________ Sehar Turk

Introduction to research:
According to Black’s Law dictionary the research means Basic or applied method of increasing
the knowledge by finding new information. The term Research is often misunderstood by
thinking that research means to recreate. However, the research on the other hand means to use
the existing material/data to generate new concepts and ideas which were not presented or made
up earlier. Further, the research in the field of law, is meant to propose a new law or revise an old
law, by modifying and meeting up the solutions that were not provided in the old law.
Research methodology:
The research methodology is a technique or a procedure to analyze and select a topic to make a
research on it. The research methodology is that part of a research paper, which allows the reader
to understand the topic and the techniques used thereunder. Basically, it is the systematic way
provided by the researcher about the research paper. Further, the research methodology is based
on four components viz. the way through which the data was acquired and the way of analyzing
the data, the authority who to collect data and the type of data.
The research methodology depends upon the two sources of the data collection:
1. Primary source: data acquired by the person making the research by the way of surveys
and interviews.
2. Secondary source: data which is obtained by someone else’s research, used for the
reference purpose. No person making a research shall acquire the data from someone
else’s research paper without prior permission of that person.
Research methodology & its importance in the field of the Law:
The research methodology in the field of Law, or the legal research methodology, is a technique
to search for the legal question and answer to it. The legal research methodology has a great
significance, because by processing it one can find solutions to the problems in the legal field by
which a new law can be proposed or the old one can be revised, to provide a proper remedy.
Further, the legal research methodology, means the process or system availed by the researcher,
which includes the type of the data collected (court cases, statutes, regulations, legal opinions,
contracts, and legal research materials), the method by which the data is collected (by a statute,
published unpublished legal data, interview guide law generals, surveys, etc.) the way of
analyzing the data (Observation, Interview, Questionnaire, Case Study, Survey, Scaling).
The legal research methodology, is in fact a map or system by which the researcher reaches to
the conclusion of the journey which shall lead to the completion of the research paper.
The type of legal research methodologies:
The following are the types of the legal research methodology:
1. Doctrinal methodology: the doctrinal research methodology is also known as the Black
Letter. The term Doctrine means a set of beliefs. The doctrinal research methodology is
Research methodology notes ______________________________________________ Sehar Turk

the is the historical method of the research. it is applied with the help of the, case laws,
dictionaries, encyclopedias, major textbooks, treatises, and journals that are accompanied
by footnotes and other documentary data only. It is a library-based research that seeks to
find the “one right answer” to certain legal issues or questions. The aim of this type of
methodology is to make specific inquiries in order to identify specific pieces of
information.
2. Non-doctrinal methodology: the non-doctrinal research methodology is also known as
the socio-legal research methodology. It is the research method depending upon the
research taken from other sources such as surveys, case study, expert opinion. However,
there is difference between the expert opinion and the survey, the expert opinion is the
detailed information given by the concerned expert and the survey maybe brief and the
data collected from it may be availed by a victim, common man and etc.
Further, the non-doctrinal methodology is further categorized into two types:
a. Qualitative Research: previously, it depended upon interviews only butt now it has
developed and thus now include interviews as well as the documents as according to
J.D Chris-Well documents can also be analyzed in qualitative method. Methods used
for collecting data in qualitative research are grounded theory practice (includes
review of records, interviews, observation, and surveys), narratology (researcher’s
perception), storytelling, and ethnography (investigating cultures by collecting and
describing data). the non-doctrinal Qualitative research method is subjective form of
research based upon the analysis of controlled observations of the researcher.
b. Quantitative Research: the quantitative research methodology, is conducted via
interviews of the concerned persons. Additionally, it represents the human experience
in numerical categories, sometimes referred to as statistics.
Advantages and disadvantages of Doctrinal research methodology:
Advantages Disadvantages:
It provides the clear and precise answers to The language of the law is complex, thus may
the questions. lead to the misinterpretation of the law.
In doctrinal research methodology, the books The sources of the doctrinal research may be
and other documentary sources required for biased and it has a limited scope.
research are easily accessible.
Highlights the areas of the law for the It faces difficulties in giving concrete shape to
improvement the work.
It is more flexible in character. It faces difficulty in predicting the outcomes
of the research.

Basics of Research proposal:


The following are the basics of the legal research proposal:
1. Introduction or the background of the topic
2. Literature review:
Research methodology notes ______________________________________________ Sehar Turk

3. Problem statement
4. Significance
5. Research objectives
6. Research questions
7. Research methodology: i. document analyzes, or interview surveys. ii. The method of
research. iii. The data analyze
8. Limitation of the study
9. Structure of the thesis
10. Grunt Chart
11. References
12. Conclusion

How to the Interview?


The interview for the purpose of the research paper to collect the data is conducted in following
manner:
Step 1: Make Questions (Questionnaire):
Making of the questionnaire is first and most important step. The questionnaire is also known as
the instrument which must be valid and proper because all the data so to be collected depend
upon the questionnaire. The research questions shall be of same number of the research
objectives (10 objectives 10 questions). All the questions into the questionnaire must be relevant.
The validity of a questionnaire shall be checked by:
1. Topic expert (having expertise over the concerned topic)
2. Language expert to check the language obstacles to evaluate if the language is easily
understood.
3. Research expert to check the research preferences who has conducted research by his
own.

Step 2: making interview:


The following are some arrangements for conducting the interview:
1. The questionnaire draft should be made.
2. The dummy interview should be conducted for better interview.
3. Interview should be taken at the place of the interviewee.
4. Start the interview with the permission of the interviewee.
5. Then start with demograph it means with the personal information and small talk to get
comfortable environment for the interview.
6. Get permission for the video or audio recording
7. Once the interview begins, take notes, ask open-ended questions keep the conversation
moving and Stay on topic.
Research methodology notes ______________________________________________ Sehar Turk

8. Never write the interviewee’s name in the paper always write 9respondent number 1. 2.
3..)
9. Always keep professional and ethical behavior to conduct interview.
10. Respect the interviewee’s statement do not stop him from talking (if irrelevant statements
are being given then systematically divert to the original topic.)
11. The words used for the interview shall be of courtesy such as would you please? Would
mind telling? It is humbly asked etc.
12. Let the interviewee answer fully do not involve into cross talk.
13. End the interview with gratitude.
14. Always receive a certificate from the interviewee about the authenticity and confirmation
of the questions and given answers.
15. While drafting the same answers into the research paper, do compare the answers.

You might also like