Lesson Objective: After this lesson students will be able to - a) comprehend the necessity of using frameworks while conducting legal research; b) distinguish between theoretical and conceptual framework, and c) use theoretical and conceptual frameworks within their research

1. Preeti Kana Sikder
Assistant Professor
Department of Law & Justice
Jahangirnagar University

2. General Aim of the Frameworks
▪ The overall aim of the two frameworks is to make research
findings more meaningful, acceptable to the theoretical
constructs in the research field and ensures generalizability.
▪ They assist in stimulating research while ensuring the extension
of knowledge by providing both direction and impetus to the
research inquiry.
▪ They also enhance the empiricism and rigor of a research.
▪ “Both the theoretical and conceptual frameworks give life to a
research” - Imenda Sitwala (2004)

3. Charles
Kivunja,
Associate
Prof, UNE
“…many authors write about
using theories in their
research, and they, for
instance use the terms theory,
conceptual framework and
theoretical framework as
though they all mean the same
thing, and therefore
interchangeable.”

4. ▪ Why do we need frameworks in conducting research?
▪ What is meant byTheoretical and Conceptual Frameworks?
▪ Purposes served by Theoretical and Conceptual
Frameworks
▪ How should these frameworks be used?
▪ Basic differences between Theoretical and Conceptual
Frameworks

5. A system of coherent, notably non-
contradictory assertions, views and
concepts concerning some area of
reality, which are worded in such a way
that it is possible to deduct testable
hypotheses from them.
WHAT IS A SCIENTIFIC THEORY?

6. What is
meant by
‘theory’
in law?
A theory in law is a system of
coherent, non-contradictory
assertions, views and concepts
concerning some legal system or
part of it, which are worded in such
a way that it is possible to deduct
from them testable hypotheses
about the existence (validity) and
interpretation of legal concepts,
rules or principles.

7. A general statement, which is composed
of causal laws, hypotheses, explanation
and antecedent conditions, that
describes and explains the causes and
effects of classes of phenomena
Definition ofTheory

8. Types of Theories in Research
• Researcher attempts to describe
a particular situationDescriptive
• Researcher looks for
relationships among variablesExplanatory
• Researcher wishes to predict a
particular phenomenonPredictive

9. ▪ A theory usually emerges from a long process of research
that uses empirical data to make assertions based on
deductive and inductive analysis of the data.
▪ Overtime, and on the basis of clearly stated assumptions,
the observations from the research produce results that
converge on findings about relationships.
▪ These findings enable the researcher to formulate the
core propositions from which the abstract theory is then
generalised.

10. ▪ The predictions in the theory can provide reason for
research into problems that hitherto have not been
investigated.
▪ They help researchers to consider what is important and
critical in understanding real-life situations, as postulated
by the theory, and how our knowledge and understanding
of contexts in law can be used to explain behaviour and to
solve problems.

11. The theoretical framework is a structure that
summarizes concepts and theories, which you
develop from previously tested and published
knowledge which you synthesize to help you
have a theoretical background, or basis for
your data analysis and interpretation of the
meaning contained in your research data.
What is aTheoretical Framework?

12. Why Theoretical Framework?
▪ It provides an abstract framework for understanding,
explaining, or predicting a social phenomenon
▪ It guides a researcher to examine relationships between
variables.
▪ A logically sound theoretical framework, which is
substantiated by previous studies, can generate strong
predictions.
▪ It provides useful tools to determine –
– Research method appropriate for a study
– Required data and evidence

13. As described by Scott. D. & Usher, R. (2004)
in Researching education: Data, methods, and
theory in educational enquiry
“An existing theory is not likely to provide plausible explanations of the
meaning contained in your data, without modification. This is because,
by definition, a theory, is an abstraction, a generalization, and
therefore, it is not content, or topic specific.
In contrast, by definition, a theoretical framework is an analytical
structure you put together or develop to suit your research purposes,
which are to answer your particular research question and address your
stated problem.
Therefore, the best way to develop your theoretical framework is to
conduct a thorough literature review so that your theoretical
framework can emerge from that literature, as represented in the
theoretical views expressed by leaders in the field in which your thesis
is located.”

14. A theoretical framework
provides a rationale for
predictions about the
relationships between
variables in a research study
Necessity ofTheoretical Framework

15. Example of Theoretical Framework

16. How to use a Theoretical Framework?
▪ The chosen theoretical framework must accentuate the purpose and
importance of the study dissertation
▪ To make an appropriate selection of a theoretical context, the
researcher must consider the guiding principles of the study and
situate the problem in relation to it.
▪ The research questions of the study and the purpose of the study
must entail noticeable aspects of the theoretical framework and
must agree with the assertions promulgated by the theorists of the
selected theory.

17. The Conceptual Framework
The entire conceptualisation of your research project. represents
all your thinking that goes into the cognitive processing about your
research topic, developing interest in it and defining it accurately

18. A conception or model of what is
out there that you plan to study
and of what is going on with
these things and why a tentative
theory of the phenomena that you
are investigating
What is a Conceptual Framework?

19. Miles and
Huberman
(1994)
“Conceptual framework is a
visual or written product that
explains, either graphically or in
narrative form, the main things
to be studied—the key factors,
concepts, or variables—and the
presumed relationships among
them.”

20. Functions of Conceptual Framework
▪ In a research study, a conceptual framework outlines possible courses
of action.
▪ It tells us how to ‘measure’ the variables.
▪ It requires identifying a set of concepts and exploring relationships
among those concepts.
▪ It also requires developing operational definitions for variables and
concepts.
▪ It provides clearly specified relationships between variables.

21. How to use a Conceptual Framework?
▪ Researchers are at liberty to adopt existing frameworks,
but have to modify it to suit the nature of the context of
their research as well as the nature of their research
questions.
▪ A researcher can craftily produce a diagrammatic
representation of the main variables of the study
▪ A good conceptual framework must also be expressed in
writing for it to be understood clearly. Researcher has to
explain the relations among the variables and how their
complementation helps in answering the major research
problem defined.

22. Concept Mapping
▪ A concept map of a theory is a visual display of that theory—a picture
of what the theory says is going on with the phenomenon you’re
studying. These maps do not depict the study itself, nor are they a
specific part of either a research design or a proposal. However,
concept maps can be used to visually present the design or operation
of a study
▪ It was originally developed by Joseph Novak (Novak & Gowin, 1984),
first as a way to understand how students learned science, and then
as a tool for teaching science.
▪ A similar strategy is one that Miles and Huberman (1994, pp. 18–22)
called a conceptual framework. Anselm Strauss (1987, p. 170) provided
a third variation, which he called an integrative diagram.

23. Concept Mapping
▪ There are four main sources for the modules that you can use to
construct a conceptual framework for your study:
(1) your experiential knowledge,
(2) existing theory and research,
(3) your pilot and exploratory research, and
(4) thought experiments.
▪ concept mapping is a tool for developing and presenting the
conceptual framework for your design. And like a theory, a concept
map consists of two things: concepts and the relationships among
these.

24. Example of Conceptual Framework

25. Where to write?
The Position of aTheoretical
Framework in a Research
▪ Many scholars suggest that the
theoretical framework needs to
be shown readers right at the
onset of the thesis writing.
▪ the theoretical framework
influence every decision made
by the researcher in the carrying
out of the research. As such, it
needs an early mention in a
dissertation or thesis writing
The Position of a Conceptual
Framework in a Research
▪ The conceptual framework is
mostly placed in the chapter
where the literature survey was
discussed.
▪ It is in this chapter that the
theoretical perspectives of the
main variables or constructs are
rigorously reviewed.
▪ In most dissertation or thesis
papers, the literature survey is
discussed in chapter two.

27. Basic Differences between Theoretical
and Conceptual Framework
Theoretical Framework
It is based on existing
theory/theories in the
literature which has been
tested and validated by
other scholars
Conceptual Framework
It is based on the concepts
which are the main variables
in a study

28. Basic Differences between Theoretical
and Conceptual Framework
Conceptual Framework
is a much broader concept
that encompasses,
practically all aspects of your
research.
Theoretical Framework
is drawn from the existing
theoretical literature that
you review about your
research topic.

29. Basic Differences between Theoretical
and Conceptual Framework
Theoretical Framework
It provides a general or
broader set of ideas
within which a study
belongs
Conceptual Framework
It refers to specific or
narrower ideas a
researcher utilizes in
his/her study

30. Basic Differences between Theoretical
and Conceptual Framework
Theoretical Framework
It is in the form of a model
that pivots a study, with its
exponents and the results of
their studies.
Conceptual Framework
It is a researcher's own
constructed model that s/he
uses to explain the
relationship that exists
between the main variables
in his/her study

31. Basic Differences between Theoretical
and Conceptual Framework
Conceptual Framework
It is the framework that
shows logically how the
research inquiry is to be
undertaken
Theoretical Framework
It offers a focal point for
approaching the unknown
research in a specific field of
inquiry

32. Basic Differences between Theoretical
and Conceptual Framework
Theoretical Framework
It is used to test theories, to
predict and control the
situations within the context
of a research inquiry
Conceptual Framework
It is aimed at encouraging
the development of a theory
that would be useful to
practitioners in the field

33. Basic Differences between Theoretical
and Conceptual Framework
Theoretical Framework
▪ every good thesis should
contain a theoretical
framework for the analysis of
the data.
▪ every dissertation should
contain a section titled
theoretical framework; and if a
doctoral thesis a chapter of this
title
Conceptual Framework
▪ there is no requirement for an
articulation of the conceptual
framework.
▪ there is no requirement that
you have a section
or chapter discussing the
conceptual framework for your
research project

34. Sources for this lecture
• Dr. A.S.M. Ali Ashraf, Associate Professor, Department of
International Relations, University of Dhaka
• Dr. Charles Kivunja, Distinguishing between Theory, Theoretical
Framework, and Conceptual Framework: A Systematic Review of
Lessons from the Field, December 3, 2018
• Adom, Joe and Hussein, Theoretical and Conceptual Framework:
Mandatory Ingredients of a Quality Research, International Journal
of Scientific Research, Jan 2018