Legal - Research - Methodology LL B

LEGAL RESEARCH METHODOLOGY
Dambi Dollo University

School of Law
Abdi Kumara(LL.B, LL.M)

2022/23

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

Law(2022/23) abdishakumex@outlook.com
Unit 1-Introduction
2
 law is influenced by the prevailing social values and

ethos.
 The relation b/n law and social values
 Law is not operated in vacuum
 The law either support or change social values.
 Law molds social values and social values mold law at
some point.
Social dimensions of law
3

ROLE OF LAW IN A PLANNED SOCIO-
ECONOMIC DEVELOPMENT
4
Role of
law in
 Law is instrument to bring socio-economic
economic transformation
developme
nt  It strives to bring such a transformation
through a cluster of social welfare legislations
enacted in pursuance of its constitutional
objectives, policies and perceptions.
Unit 2
Legal Research: Introduction
5
 What is research?
 ‘Systematic search’ in ‘pursuit of knowledge’.
 Systematic investigation towards increasing the
sum of human knowledge’ and as a ‘process’ of

identifying and investigating a ‘fact’ or a
‘problem’ with view to get insight or solve.
Meaning of a research
6
 Scientific investigation of the principles and facts

of any subject, based on original and first hand
study of authorities or experiment/secondary data.
 Purpose
 making original contribution in the existing stock
of knowledge.
Meaning of a research
7
 Only systematic intensive investigation into, or inquiry of, fact

qualifies to get the label of ‘research’.
 When?
 A ‘search’ becomes ‘systematic’ when a researcher, in his quest
for knowledge and pursuit of truth, attempts to collect the
required information from various sources and in a variety of
ways systematically and exposes data to a severe and intensive
scrutiny.
What is scientific?
8
 Research is labeled as research when it is equipped with

scientific method.

Why scientific?
9
 research involves
 identification of a research problem,
 the ascertainment of facts,
 their logical ordering and classification,
 the use of (inductive and deductive) logic to interpret the
collected and classified facts and
 the assertion of conclusions premised on, and supported by, the
collected information.
Characteristics of scientific research
10
 It is logical,
 it is empirical,
 it is operational,
 it is objective oriented,
 It is ethics oriented,
 it is propositional(probabilistic predictions),
 its methodology is public,
 it tends to be systematic,
 it aims at theorizing,
Why do we conduct research?
11
 Objectives of Research
 The objective research may differ based on the
approaches to inquiry.
 Example
 Applied/action-to find solution to the identified problem.
 Pure/basic/fundamental-to acquire knowledge or to know about
‘something’ in a scientific and systematic way
Purpose- base itself on the type
12

Purpose
13
 Fundamental research is mainly concerned with

generalizations
formulation of a theory or re-confirmation of
the existing theory.
Aims to acquire knowledge

Purpose
14
 Applied research, aims at finding or discovering

solutions or answers to the identified ‘problem(s)’
or ‘question(s)’.
 Every research has its own goal.
 However, generally the objectives of the may be
one of the following

Purpose
15
 To be familiar with certain events

 To characterize a particular individual
 To determine the frequency
 To test causal relationship
 To precisely formulate the problem
 To describe
Purpose
16
What is the  Curiosity

base for
research?  Someone indulge on the research to kill
his/her curiosity

All progress is born of inquiry. Doubt is often better than overconfidence, for it leads to inquiry, and inquiry leads to invention. Hudson
TYPES OF RESEARCH
17

More types of research
18
Descriptive  Descriptive
vs.
Analytical
 describes the state of affairs as it exists at present.
Research  Reports only what is happening or happened.
 It does not worry about the cause of situation or
phenomenon
 It employ survey methods like:
 Correlational
 Comparative methods of fact finding inquiries.
19
Descriptiv
e vs.
 Analytical research
Analytical
Research  Digest already available
information
 Critically evaluate existing facts
20
Applied vs.
 Applied or action research
Fundamenta  find a solution for an immediate problem.
l Research  Focus on practical matters
No clear cut  discover a solution for some pressing practical problem
demarcation  Fundamental or pure or basic research
between
them
 Aims at formulating theory and generalization.
 Adding inputs to the stocks of existing knowledge
 It does much concerned with practical context
 E.g. responds: what? How?
21
Quantitative  Quantitative research

vs.  It applicable to the phenomenon expressed in terms of
Qualitative
Research
number.
 Based on the measurement of quantity or amount.
 Aimed at developing mathematical models, theories and
hypotheses pertaining to the phenomenon under
inquiry.
 it provides fundamental connection between empirical
observation and mathematical expression of
Abdi Kumara (LL.B,quantitative
LL.M) Dambi Dollo University School of
relationship
22
Quantitativ  Qualitative
e vs.
Qualitative
 phenomenon relating to or involving quality or
Research kind.
 E.g. responds the question Why?
 Relies on reason behind various aspects of
behavior.

23
Conceptual  Conceptual research

vs.  Related to some abstract idea(s) or theory.
Empirical
Research
 Philosophical thinking, interpretation and re-
interpretation
 Empirical/experimental research
 Relies on experience or observation alone
 It is data-based research
 It can be verified by observation or experiment
 It starts
Abdi Kumara (LL.B, withDollo
LL.M) Dambi providing
Universityworking
School of hypotheses.
What is legal research?
24
 ‘systematic’ finding of law on a particular point and

making advancement in the science of law.
 systematic search of facts, legal materials, statutory,
subsidiary and judicial pronouncements.
 Helps to know the existing and emerging legislative
policies, laws, their social relevance and efficacy, etc.
Types of Legal Research
25

26
Doctrinal Research
 Employ
 Analytical method
 Historical method
 deals with the past.
 Explores the circumstances that led to the adoption of the existing law.
 is no longer justifiable – hardily possible trace valid/original info.
 Comparative method.
 It exhibits the lessons that can be learnt from each other’s failures and
achievements.
 Therefore tends to dominate research design.
27
Doctrinal Research
 Legal researcher takes one or a series of legal propositions as a starting
point and focus of the research objective;
 And designs the research methodology and structure around / for them.
 Conventional legal research takes place in a law library to locate
authoritative decisions, applicable legislation and any secondary discussion
 Reads and analyses the material -Formulates a conclusion-
Writes up the study results.

28
Doctrinal Research
 It involves a systematic exposition, analysis and critical evaluation
of legal rules, doctrines or concepts, their conceptual bases, and
inter-relationship.
 Sources of data, are substantive legal rules, doctrines, or concepts
and judicial decisions.
 Statutory material and case reports constitute primary source of data for doctrinal
legal research.
 secondary source of data are research articles published in leading legal periodicals,
text and reference books on the subject.
29
Doctrinal Research
 Describing the doctrinal method
 Some terminology –
• Empirical
• Non-doctrinal
• Quantitative
• Qualitative
30
Doctrinal Research
 What is the doctrinal methodology like and
unlike?
A Literature Review
 Historical Analysis: Using all sources
 Content Analysis: Reading judgments, legislation and
policy documents as text
 Discourse analysis:
31
Doctrinal Research
Qualitative, Quantitative or aspects of both?
 Depends on and varies according to the expertise of the
individual scholar
 Cannot be replicated exactly by another researcher

32
Doctrinal Research
 Mainly Qualitative
 Distinctive
 Undertaken according to accepted discipline standards and rules
 Requires specific language and knowledge skills by those undertaking it
 Includes higher level critique
 Includes a lit review as contextual background
 Is centered on the reading of primary sources of doctrine
 Needs a guiding principle or pseudo-hypothesis

33
Doctrinal Research

Advantages and limitations of Doctrinal
legal research
34
Advant
 It provides quick answers to the legal problem
ages  Facilitate for evolution and development of law
 Helps to easily grasp legal processes
 Click the legislature by indicating loopholes, inconsistency and
ambiguities
 Helps in building legal theory.
 Predicts future
 basis for non-doctrinal legal research.
Advantages and limitations of Doctrinal
legal research
35
Limitation  Subjective-depending upon the reasoning

s
power and analytical skills of the researcher
 Theoretical- does not get any support from
social facts or values.
 Does not involve a study of the factors that lie
outside law or legal system
NON-DOCTRINAL OR FIELD OR SOCIO-
LEGAL RESEARCH
36
 Transformation from doctrinal to non-doctrinal

 Reasons
 The emergence of sociological jurisprudence- law is social
engineering
 Putting law in motion for the desired planned socio-economic
change
 Necessity to bring attitudinal change in legal actors
 Influence of external factors on the non/poor implementations
 Gap
Abdi b/n theory
Kumara and practice
(LL.B, LL.M) Dambi Dollo University School of
NON-DOCTRINAL LEGAL
RESEARCH
37
 Involves study of ‘social impact’ of law (existing or

proposed) or of ‘social-auditing of law’.
 Legal doctrines do not altogether become irrelevant in
a non-doctrinal legal research.
 Aims at highlighting the ‘gaps’ that exist between the
‘law-in-the statute book’ and ‘law-in-action’
NON-DOCTRINAL LEGAL
RESEARCH
38
Source  Primary
of Data
 interview,(structured or unstructured)
 Questionnaire(open ended or close ended),
 Observation (participant or non-participant),
 Focus Group Discussion and
 Secondary
 published or unpublished materials
Field Legal Research
39

Advantages and Limitations of Non-
Doctrinal Legal Research
40
 Depicts a ‘true picture’ of ‘law-in-action’

Advant
ages  Perceives law as a means of achieving socio-
economic justice and parity.
 Gives evidenced ‘expert advice’ and
significant feedback to the policy-makers
 Invaluable help in ‘shaping’ social behaviour
Advantages and Limitations of Non-
Doctrinal Legal Research
41
Limitatio  extremely time consuming and costly

ns
 needs a strong base of doctrinal legal research.
 require highly specialized knowledge and skill
from the stage of planning to execution.
 invariably public opinion, influences contents
and framework of law.
What is the relation b/n Doctrinal and
Non-doctrinal legal research
42
 Are they mutually exclusive or supportive?

Compare
 Internal – doctrinal research methodologies ‘from the
inside’ studying the texts of the law

 ‘what the law is’
 External – empirical research methodologies ‘from the
outside’ studying how law works in society
Research Methods and Methodology
43
 The key to success in researching legal issues is realizing

that research is a process. You cannot memorize a million
cases, and you are not looking for a needle in a haystack.
But you can master the overall process of research. Once
you have mastered that process, you can complete almost
any research assignment with confidence.

44
What is  techniques or tools employed by a researcher for

research  collecting and processing of data,
methods
?  establishing the relationship between the data and
unknown facts, and
 evaluating the accuracy of the results obtained.
 ‘tools and techniques’ in a ‘tool box’

45
What is
 ‘way to systematically solve’ the research
research problem.
methodology?
 ‘science of studying how research is done
scientifically’.
 is a set of rules of procedures about the way of
conducting research.
 Mechanism that dictates explanation and logic/
justification for using certain research methods
46
What is  Legal research does not have well-

legal
research articulated research methods to employ and
methods? research methodology to follow.
 It adopts the methodology of social science
based on the research problem shares the
characteristics of social sciences.
Sources of Information
47
1 Primary
 contain original information
sources  collected directly from the persons having
such information (via)
 Interview
 Questionnaire
 Observation
 FGD

48
1 Primary  research papers published in legal

sources
periodicals/ journals, reports, theses and
conference papers.
 Acts of parliament (statutes)

49
2. Secondary  furnish the information derived from

sources
primary sources.
 Text-books, treatises, commentaries on
statutes, abstracts, bibliographies,
dictionaries, encyclopedias, indexes, reviews,
and thesauri.

50
3 Tertiary
 include directories, subject guides and Union lists.
sources  There are numerous scientific directories that provide
list of journals, scientists, universities.
 They list their information quite like the telephone
directory.
 These help the researcher to tap appropriate journals and expert advice
on the topic of research.
 Union list is the list of all the journals that are available either in the given
library (union list for the library) or all the libraries in the country (national
union(LL.B,
Abdi Kumara list). LL.M) Dambi Dollo University School of
51

MAJOR STAGES IN LEGAL RES
EARCH
52
 Invariably every research begins with a question or a

problem of some sort.
 Legal research is not an exception to this general precept of
research.
 Applies scientific procedures to discover answers to
meaningful questions.
 It involves a three-stage process. Each one of them warrants
skill.
MAJOR STAGES IN LEGAL
RESEARCH
53

EARCH
54

EARCH
55
A)
 Constitutes the starting phase of research.
Identification  Success of research depends upon the selection of an
and formulation apt research problem and its proper formulation.
of a research
problem  An ill-identified and deficiently formulated research
problem invariably makes the researcher
subsequently to loose his ‘interest’ in the problem.
 A research is goal-directed. Thus, it becomes
necessary to have a well-defined and precise research
problem for meaningful research.
EARCH
56

EARCH
57
B) Review of  the researcher needs to undertake an

literature
extensive survey of literature connected
with, related to, and/or having bearing on,
his research problem.
 This is the process whereby the researcher
locates and selects the references that are
relevant for his inquiry.
EARCH
58
 Literature review makes the researcher

conversant with the materials available on his
research problem and their ‘place’, the thitherto
explored (and unexplored) aspects/dimensions of
the problem, theoretical bases of the problem,
and relevant theories in the field.
RESEARCH
59
C)  is merely a tentative assumption made in

Formulation
of a order to draw and test its logical or
hypothesis empirical consequences.
 It is a tentative, testable statement.
 A statement to be a hypothesis must be
capable of being tested.
RESEARCH
60
 The manner in which a hypothesis is formulated is very important

as it gives significant clues about the kind of data required, the
type of methods to be used for collecting data, and the methods of
analysis to be used.
 It sharpens his thinking and focuses attention on the more
important facets of the problem under inquiry.
 hypothesis is not required in all types of legal research.
 E.g. exploratory or descriptive legal research
RESEARCH
61
 The role of the Hypothesis in doctrinal research

 • Does a doctrinal study need a hypothesis?
 • What format does a doctrinal hypothesis take?
 • Discuss the Examples of doctrinal hypotheses –
 What is the difference between statement of problem
and hypothesis?
RESEARCH
62
D) Research  refers to the entire process of planning and

design
carrying out a research study.
 is the conceptual structure within which
research is conducted.
 It is a logical systematic planning of research.
 is a blue print of the proposed research.
RESEARCH
63
 Research design helps the researcher to identify in advance the

kind of data he requires, the means to collect them, the methods
to be used for analysis and interpretation of the data, and
presentation of his findings with more accuracy.
 Research design, thus, helps him in minimizing the
uncertainties, confusion and practical hazards associated with
the research problem.

RESEARCH
64
E) Data  Data can be primary or secondary.

Collection  Data collected by the researcher, by using primary
sources, is primary.
 The data already collected by some other agency and
available in some published form is secondary.
 While selecting method(s) of data collection, the
researcher has to take into account the objectives of his
research and the nature and scope the inquiry
Primary Data
65

Data Collection Methods/Tools
66

Sample and Sampling
67
 Sample Population
 Sample size
 Sampling Methods
 Probability
 Non-probability
 Justification for choosing a methods

Sample and Sampling
68
What is  A sample is a set of elements selected in

sample?
some way from a population.
 The aim of sampling is
 to save time and effort,
 And also to obtain consistent and unbiased
estimates of the population status in terms of
whatever is being researched.
Sample and Sampling
69
What is  populations can be thought of as consisting

sampling
units? of sampling units.
 These are collections of elements which do
not overlap and which exhaust(represent)
the entire population.
 Geography, family, individual, ages

Sample and Sampling
70
What is
 the sampling units are organized by the researcher into
sampling a sampling frame.
frame?
 A sampling frame is whatever is being used to identify
the elements in each sampling unit.
 the sampling frame provides access to the individual
elements of the population under study, either via
sampling units, or directly when these and the
population elements are identical.
Sampling
71

F) Data Analysis
72
 Legal analysis
 Social science analysis (SPSS)
 Scientific analysis
 Statistical analysis
Data Analysis
73
 Analysis of data involves a number of closely

related operations, such as:
classification or categorization,
coding, and
tabulation.

Legal Analysis
74

G) Interpretation of data
75
 It refers to the task of drawing inference from the

collected data.
 establish link between the results of his inquiry with
those of another and to establish some explanatory
concepts.

Legal Reasoning
76

H) Research Report
77
 the researcher communicates with his audience.

 The purpose of research report is to convey to the
interested persons the whole result of the inquiry in
sufficient details.

Matters to Consider
78
 Developing a Research Strategy

 How to develop a research question,
 how to prepare an outline,
 how to prepare a draft,
 how to develop the draft to final paper,
 methods of review and revision.
Matters to Consider
79
 Sources
 What is a legal source (and what is not?).
 Primary and secondary sources.
 How to assess sources (authority and critical
analysis)?
 How to use sources (citation vs plagiarism)?
Matters to Consider
80
 Electronic Sources
 How to use electronic sources?
 What are the special problems?
 General search engine,
 specialized search engines,
 academic depositories,
 authoritative websites,
 legal databases,…

Matters to Consider
81
 Correct referencing and the techniques.

 Legal Research Methodology: What, How & Why?
 To ensure that the legal argument is well-developed
and argued in a coherent and consistent way and
based on reliable, authoritative sources.
 A scientific method adapted to the discipline of law
Matters to Consider
82
 Research Ethics considerations

 Copy
 Steal
 Plagiarize•
 Lie etc
 = legal research methodology?

References
83
 Citation
 Quote/(indentation)
 Bibliography
 references list
 endnote• footnote

References
84
 Referencing: Rules and Principles

 The general rule of referencing is that it must allow
future readers to retrace the research that underpins
the legal reasoning.
 When collecting materials, ALWAYS ensure you collect full bibliographical information!
Failing that you WILL regret it as you will have to look for it again or you will not be able to
use the source. If you only need one page of a book, then photocopy only that page BUT
write the full bibliographical reference on the page or photocopy the relevant information as
well (esp. copyrights page).
PPLES of CITATION
85
 The detailed principles of citation can be conceived

of as falling into four categories:
 Full Address Principles: Principles that specify
completeness of the address or identification of a
cited document or document portion in terms that
will allow the reader to retrieve it.
PPLES of CITATION
86
 Other Minimum Content Principles: Principles

that call for the inclusion in a citation of additional
information items beyond a retrieval address – the
full name of the author of a journal article, the year
a decision was rendered or a book, published.
Some of these principles are conditional.

PPLES of CITATION
87
 Compacting Principles: Principles that reduce the

space taken up by the information items included in
a citation. These include standard abbreviations
("United States Code" becomes "U.S.C.") and
principles that eliminate redundancy.

PPLES of CITATION
88
 Format Principles: Principles about punctuation,

typography, order of items within a citation, and
the like. Such principles apply to the optional
elements in a citation as well as the mandatory
ones.

Research proposal Procedures
89

Contents of Research Proposal
90
 Table of contents
 acronyms
 Background to the Problem or Historical Background
 Statement of the Problem
 Objectives of the Research
 Research Questions
 Scope of research
 Significance of research
 Literature Review
 Research Methodology
 Limitation of the Research
 Budget and Work Plan
Brief description of proposal content
91
 Background of the research

 Indicates evolution of the problem under question.
 Gather background information about the problem
 Statement of problem
 What are you interested in?
 What do you have to know about it?

92
 Briefly discuss the problem leading the research

 Objectives of the research
 State specifically the aspect of the general problem that you
plan to investigate and what you hope to accomplish by this
investigation
 Research question
 Restate the specific objectives of the research
93
 Research questions should closely related the title and

objectives
 The research questions should be capable to be answered.
 Significance of research
 Why it is necessary to further investigate the problem under
question?
 For whom it is important?

94
 Scope of the research

 State first scope of the investigation
 Second what limitations you worked under in carrying out the
study that might limit generalizability of the finding of the
study.
 Research methodology
 How you will answer the research questions?
95
 Briefly explain how the data will be collected to fulfill the

objectives of the research and component questions.
 Interpretation/analyze of data
 What your results tell you?
 Do they prove or disprove?

Don’t Forget
96

Final Part
97

Summary
98

EXERCISE 1
99
 From the topic of your choice, prepare proposal.


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LEGAL RESEARCH METHODOLOGY

Dambi Dollo University

Abdi Kumara(LL.B, LL.M)

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

 law is influenced by the prevailing social values and

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

sum of human knowledge’ and as a ‘process’ of

 Scientific investigation of the principles and facts

 making original contribution in the existing stock

 Only systematic intensive investigation into, or inquiry of, fact

 Research is labeled as research when it is equipped with

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

 Fundamental research is mainly concerned with

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

 Applied research, aims at finding or discovering

 However, generally the objectives of the may be

one of the following

 To be familiar with certain events

What is the  Curiosity

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

Quantitative  Quantitative research

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

Conceptual  Conceptual research

 ‘systematic’ finding of law on a particular point and

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

Limitation  Subjective-depending upon the reasoning

 Transformation from doctrinal to non-doctrinal

 Involves study of ‘social impact’ of law (existing or

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

 Depicts a ‘true picture’ of ‘law-in-action’

Limitatio  extremely time consuming and costly

 Are they mutually exclusive or supportive?

inside’ studying the texts of the law

 The key to success in researching legal issues is realizing

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

What is  techniques or tools employed by a researcher for

 ‘tools and techniques’ in a ‘tool box’

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

What is  Legal research does not have well-

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

1 Primary  research papers published in legal

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

2. Secondary  furnish the information derived from

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

 Invariably every research begins with a question or a

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of

B) Review of  the researcher needs to undertake an

 Literature review makes the researcher

C)  is merely a tentative assumption made in

 The manner in which a hypothesis is formulated is very important

 The role of the Hypothesis in doctrinal research

D) Research  refers to the entire process of planning and

 Research design helps the researcher to identify in advance the

Abdi Kumara (LL.B, LL.M) Dambi Dollo University School of