Introduction to Research

Wednesday, November 15, 2017Wednesday, November 15, 2017

Introduction toIntroduction to
ResearchResearch
 Meaning of ResearchMeaning of Research
 Objectives/ Purposes of ResearchObjectives/ Purposes of Research
 Criteria of Good ResearchCriteria of Good Research
 Types of ResearchTypes of Research
 Significance of ResearchSignificance of Research
 Importance and Scope of Legal ResearchImportance and Scope of Legal Research
 Stages in Legal ResearchStages in Legal Research
 Research Method and Methodology.Research Method and Methodology.

Research is a scientific approach of answering aResearch is a scientific approach of answering a
research question, solving a problem orresearch question, solving a problem or
generating new knowledge through a systematicgenerating new knowledge through a systematic
and orderly collection, organization, and analysisand orderly collection, organization, and analysis
of information with an ultimate goal of makingof information with an ultimate goal of making
the research useful in decision-making.the research useful in decision-making.
Systematic research in any field of inquirySystematic research in any field of inquiry
involves three basic operations-involves three basic operations-
– Data collectionData collection
– Data analysisData analysis
– Report writingReport writing..
SMS Kabir, University of ChittagongSMS Kabir, University of Chittagong Wednesday, November 15, 2017Wednesday, November 15, 2017
Meaning of ResearchMeaning of Research

Legal research is defined as ‘systematic’ finding law on aLegal research is defined as ‘systematic’ finding law on a
particular point and making advancement in the science ofparticular point and making advancement in the science of
law. It involves a systematic search of legal materials,law. It involves a systematic search of legal materials,
statutory, subsidiary and judicial pronouncements.statutory, subsidiary and judicial pronouncements.
Research is systematic, because it follows certain stepsResearch is systematic, because it follows certain steps
that are logical in order -that are logical in order -
 Understanding the nature of problem to be studiedUnderstanding the nature of problem to be studied
and identifying the related area of knowledge.and identifying the related area of knowledge.
 Reviewing literature to understand how others haveReviewing literature to understand how others have
approached or dealt with the problem.approached or dealt with the problem.
 Collecting data in an organized and controlled mannerCollecting data in an organized and controlled manner
so as to arrive at valid decisions.so as to arrive at valid decisions.
 Analyzing data appropriate to the problem.Analyzing data appropriate to the problem.
 Drawing conclusions and making generalizations.Drawing conclusions and making generalizations.
Legal ResearchLegal Research

Legal research is the process ofLegal research is the process of
identifying and retrieving informationidentifying and retrieving information
necessary to support legal decision-necessary to support legal decision-
making. It includes in it each step ofmaking. It includes in it each step of
a course of action that begins with ana course of action that begins with an
analysis of the facts of a problemanalysis of the facts of a problem
and concludes with the application andand concludes with the application and
communication of the results of thecommunication of the results of the
investigation.investigation.
Legal research is the process ofLegal research is the process of
identifying and retrieving informationidentifying and retrieving information
necessary to support legal decision-necessary to support legal decision-
making. It includes in it each step ofmaking. It includes in it each step of
a course of action that begins with ana course of action that begins with an
analysis of the facts of a problemanalysis of the facts of a problem
and concludes with the application andand concludes with the application and
communication of the results of thecommunication of the results of the
investigation.investigation.
Legal ResearchLegal Research

Research is a process through which we attempt to achieveResearch is a process through which we attempt to achieve
systematically and with the support of data the answer to asystematically and with the support of data the answer to a
question, the resolution of a problem, or a greater understandingquestion, the resolution of a problem, or a greater understanding
of a phenomenon. This process has eight distinct characteristics-of a phenomenon. This process has eight distinct characteristics-
Research…Research…
 originates with a question or problem.originates with a question or problem.
 requires a clear articulation of a goal.requires a clear articulation of a goal.
 follows a specific plan of procedure.follows a specific plan of procedure.
 usually divides the principal problem into more manageable sub-usually divides the principal problem into more manageable sub-
problems.problems.
 is guided by the specific research problem, question, oris guided by the specific research problem, question, or
hypothesis.hypothesis.
 accepts certain critical assumptions.accepts certain critical assumptions.
 requires the collection and interpretation of data in attemptingrequires the collection and interpretation of data in attempting
to resolve the problem that initiated the research.to resolve the problem that initiated the research.
 Research is, by its nature, cyclical; or more exactly, helical.Research is, by its nature, cyclical; or more exactly, helical.
Characteristics of ResearchCharacteristics of Research

The principal objective or purpose ofThe principal objective or purpose of
research in any field of inquiry is to add toresearch in any field of inquiry is to add to
what is known about the phenomenon underwhat is known about the phenomenon under
the investigation through the application ofthe investigation through the application of
scientific methods.scientific methods.
–ExplorationExploration
–DescriptionDescription
–Causal ExplanationCausal Explanation
–Prediction.Prediction.
Objectives/ Purposes of ResearchObjectives/ Purposes of Research

Exploration is finding out about some previously unexamined
phenomenon. Through exploration, researchers -
 Develop concepts more clearly
 Establish priorities
 Develop operational definitions
 Formulate research hypotheses, and
 Improve the final research design.
For example -
Crime is increasing in the city at an alarming rate, the
reasons for which remain unknown. The problem is
ambiguous and what is actually happening is to be cleared.
ExplorationExploration

Description refers to the data basedDescription refers to the data based
information-gathering activities.information-gathering activities.
Descriptive studies try to discoverDescriptive studies try to discover
answers to the questions who, what,answers to the questions who, what,
when, where and sometimes how.when, where and sometimes how.
 What are the characteristics of theWhat are the characteristics of the
people who are involved in city crime?people who are involved in city crime?
Are they young? Middle aged? Poor?Are they young? Middle aged? Poor?
DescriptionDescription

It goes beyond description and attemptsIt goes beyond description and attempts
to establish cause-and-effect relationshipto establish cause-and-effect relationship
between variables.between variables.
It explains the reason for the phenomenonIt explains the reason for the phenomenon
that describes study observed.that describes study observed.
 Why people are involved in crime? Can weWhy people are involved in crime? Can we
explain this as a consequence of presentexplain this as a consequence of present
crisis in the job market? Or for lack ofcrisis in the job market? Or for lack of
parental care?parental care?
Causal ExplorationCausal Exploration

Prediction seeks to answer: when and inPrediction seeks to answer: when and in
what situations the event will occur, ifwhat situations the event will occur, if
it can be provided plausible explanationit can be provided plausible explanation
for the vent in question.for the vent in question.
In addition to being able to explain anIn addition to being able to explain an
event after it has occurred, it will beevent after it has occurred, it will be
able to predict when the event willable to predict when the event will
occur.occur.
PredictionPrediction

Some others objectives of research may be spell out as follows-Some others objectives of research may be spell out as follows-
To…To…
 provide solutions to complex problemsprovide solutions to complex problems
 investigate laws of natureinvestigate laws of nature
 make new discoveriesmake new discoveries
 develop new productsdevelop new products
 save costssave costs
 improve our life, andimprove our life, and
 Human desires.Human desires.

Whatever the types of research works have been done, they allWhatever the types of research works have been done, they all
meet on the common ground of scientific method.meet on the common ground of scientific method.
 Purpose of the research should be clearly defined.Purpose of the research should be clearly defined.
 Research procedure used should be described inResearch procedure used should be described in
sufficient detail to permit another researcher tosufficient detail to permit another researcher to
repeat the research for further advancement.repeat the research for further advancement.
 Procedural design of the research should be carefullyProcedural design of the research should be carefully
planned to yield results that are as objective asplanned to yield results that are as objective as
possible.possible.
 Analysis of data should be sufficiently adequate toAnalysis of data should be sufficiently adequate to
reveal its significance and the methods of analysisreveal its significance and the methods of analysis
used should be appropriate.used should be appropriate.
 Conclusions should be confined to those justified byConclusions should be confined to those justified by
the data of the research.the data of the research.
Criteria of Good ResearchCriteria of Good Research

A good research has also the following qualities -
 It is systematic.
 It is logical.
 Good research is empirical.
 Good research is replicable.
Criteria of Good ResearchCriteria of Good Research

The basic types of research are –The basic types of research are –
 Descriptive and AnalyticalDescriptive and Analytical
 Applied and FundamentalApplied and Fundamental
 Quantitative and QualitativeQuantitative and Qualitative
 Conceptual and Empirical.Conceptual and Empirical.
Types of ResearchTypes of Research

 Research is important for researchers in studyingResearch is important for researchers in studying
social relationship and in seeking answers to varioussocial relationship and in seeking answers to various
social problems.social problems.
 Research provides the basis for nearly all governmentResearch provides the basis for nearly all government
policies in our economic system.policies in our economic system.
 Research has its special significance in solving variousResearch has its special significance in solving various
operational and planning of business and industry.operational and planning of business and industry.
 Research is needed to develop strategies and modelsResearch is needed to develop strategies and models
in rural development.in rural development.
 The role of research in several fields of appliedThe role of research in several fields of applied
economics, whether related to business or to theeconomics, whether related to business or to the
economy as a whole, has greatly increased in moderneconomy as a whole, has greatly increased in modern
items.items.
Significance of ResearchSignificance of Research

 Research inculcates scientific and inductive thinkingResearch inculcates scientific and inductive thinking
and it promotes the development of logical habits ofand it promotes the development of logical habits of
thinking and organization.thinking and organization.
 To students who are to write a master’s or PhDTo students who are to write a master’s or PhD
thesis, research may mean a way to attain a highthesis, research may mean a way to attain a high
position in the social structure.position in the social structure.
 To professionals, research may mean a source ofTo professionals, research may mean a source of
livelihood.livelihood.
 To literary men and women, research may mean theTo literary men and women, research may mean the
development of new style and creative work.development of new style and creative work.
 To analysts and intellectuals, research may mean theTo analysts and intellectuals, research may mean the
generalizations of new theories.generalizations of new theories.
Significance of ResearchSignificance of Research

Legal research becomes necessary -Legal research becomes necessary -
 for ascertainment of law on a given topic or subject,for ascertainment of law on a given topic or subject,
 to highlight ambiguities and inbuilt weaknesses of law,to highlight ambiguities and inbuilt weaknesses of law,
 to critically examine legal provisions, principles orto critically examine legal provisions, principles or
doctrines with a view to see consistency, coherencedoctrines with a view to see consistency, coherence
and stability of law and its underlying policy,and stability of law and its underlying policy,
 to undertake social audit of law with a view toto undertake social audit of law with a view to
highlighting its pre-legislative ‘forces’ and post-highlighting its pre-legislative ‘forces’ and post-
legislative ‘impacts’, andlegislative ‘impacts’, and
 to make suggestions for improvements in, andto make suggestions for improvements in, and
development of, law.development of, law.
Importance of Legal ResearchImportance of Legal Research

Legal research takes into its ambit -Legal research takes into its ambit -
 Doctrinal ResearchDoctrinal Research - It is a research into legal- It is a research into legal
rules, principles, concepts or doctrines. It alsorules, principles, concepts or doctrines. It also
concerns with critical review of legislations andconcerns with critical review of legislations and
of decisional processes and their underlyingof decisional processes and their underlying
policy.policy.
 Research in TheoryResearch in Theory - It involves an inquiry into- It involves an inquiry into
conceptual bases of legal rules, principles orconceptual bases of legal rules, principles or
doctrines. It provides stimulus and intellectualdoctrines. It provides stimulus and intellectual
infrastructure for empirical research as well asinfrastructure for empirical research as well as
for advancements in law through legislative,for advancements in law through legislative,
judicial and administrative process.judicial and administrative process.
Scope of Legal ResearchScope of Legal Research

Empirical InvestigationsEmpirical Investigations - It assesses impact- It assesses impact
of law and reveals the gap between legalof law and reveals the gap between legal
idealism and social reality. Perceiving the ideaidealism and social reality. Perceiving the idea
of law as a social phenomenon, a researcherof law as a social phenomenon, a researcher
explores social, political, economic andexplores social, political, economic and
cultural dimensions or implications of law.cultural dimensions or implications of law.
Reform-oriented ResearchReform-oriented Research - It, based on- It, based on
empirical study and critical examination ofempirical study and critical examination of
law, recommends changes in law and legallaw, recommends changes in law and legal
institutions.institutions.
Scope of Legal ResearchScope of Legal Research

Importance and Scope of Legal ResearchImportance and Scope of Legal Research
Legal research, to sum up, needs to be carried out for the following reasons-Legal research, to sum up, needs to be carried out for the following reasons-
To…To…
 ascertain laws on a given topic orascertain laws on a given topic or
subject.subject.
 identifyidentify ‘‘gapsgaps’’ andand ‘‘ambiguitiesambiguities’’ inin
law.law.
 critically examine consistency,critically examine consistency,
coherence and stability of lawcoherence and stability of law
and legal propositions.and legal propositions.
 undertakeundertake ‘‘social auditing of lawsocial auditing of law’’..
Legal research, to sum up, needs to be carried out for the following reasons-Legal research, to sum up, needs to be carried out for the following reasons-
To…To…
 ascertain laws on a given topic orascertain laws on a given topic or
subject.subject.
 identifyidentify ‘‘gapsgaps’’ andand ‘‘ambiguitiesambiguities’’ inin
law.law.
 critically examine consistency,critically examine consistency,
coherence and stability of lawcoherence and stability of law
and legal propositions.and legal propositions.
 undertakeundertake ‘‘social auditing of lawsocial auditing of law’’..

Importance and Scope of Legal ResearchImportance and Scope of Legal Research
 suggest reforms/developments in law bysuggest reforms/developments in law by
undertakings research intended toundertakings research intended to ––
investigateinvestigate ‘‘gapgap’’ between thebetween the ‘‘legal idealslegal ideals’’
andand ‘‘actual practiceactual practice’’..
understandunderstand ‘‘effectivenesseffectiveness’’ oror ‘‘impactimpact’’ of lawof law
in a given social set-up at a given time.in a given social set-up at a given time.
find out as to whether law is serving thefind out as to whether law is serving the
needs of the society and has a social value.needs of the society and has a social value.
make suggestions for improvements in the lawmake suggestions for improvements in the law
on concrete formulations and proposals.on concrete formulations and proposals.
predict future trends of law.predict future trends of law.
 suggest reforms/developments in law bysuggest reforms/developments in law by
undertakings research intended toundertakings research intended to ––
investigateinvestigate ‘‘gapgap’’ between thebetween the ‘‘legal idealslegal ideals’’
andand ‘‘actual practiceactual practice’’..
understandunderstand ‘‘effectivenesseffectiveness’’ oror ‘‘impactimpact’’ of lawof law
in a given social set-up at a given time.in a given social set-up at a given time.
find out as to whether law is serving thefind out as to whether law is serving the
needs of the society and has a social value.needs of the society and has a social value.
make suggestions for improvements in the lawmake suggestions for improvements in the law
on concrete formulations and proposals.on concrete formulations and proposals.
predict future trends of law.predict future trends of law.

Stages in Legal Research has three distinctive phases –Stages in Legal Research has three distinctive phases –
1.1.Research planningResearch planning
(Planning Phase),(Planning Phase),
2.2.Research implementationResearch implementation
(Project Phase), and(Project Phase), and
3.3.Presenting of research findingsPresenting of research findings
(Documentation Phase).(Documentation Phase).
Stages in Legal ResearchStages in Legal Research

Planning PhasePlanning Phase
Wednesday, November 15, 2017Wednesday, November 15, 2017SMS Kabir, University of ChittagongSMS Kabir, University of Chittagong
Research planning requires theResearch planning requires the
necessary sub-skills for: factnecessary sub-skills for: fact
collection, legal analysis, legalcollection, legal analysis, legal
knowledge, problem identification,knowledge, problem identification,
legal analysis, fact analysis, furtherlegal analysis, fact analysis, further
fact collection, identification offact collection, identification of
avenues of research, and generationavenues of research, and generation
of key (search) words.of key (search) words.

Project PhaseProject Phase
Research implementation, as the second-Research implementation, as the second-
stage processes, involves: identificationstage processes, involves: identification
of problems for resolution, identificationof problems for resolution, identification
of relevant research source materials,of relevant research source materials,
location of the source materials,location of the source materials,
effective use of the source materials,effective use of the source materials,
analysis of research findings, applicationanalysis of research findings, application
of findings to the identified problem(s),of findings to the identified problem(s),
and identification of further problem(s).and identification of further problem(s).

Documentation PhaseDocumentation Phase
While the third-stage process, i.e.While the third-stage process, i.e.
presentation of research findings, requirespresentation of research findings, requires
the skills necessary for: identification ofthe skills necessary for: identification of
the (research) recipients’ needs, selectionthe (research) recipients’ needs, selection
of appropriate format or framework, useof appropriate format or framework, use
of clear and succinct language, and use ofof clear and succinct language, and use of
appropriate language-style (informatory,appropriate language-style (informatory,
advisory, recommendatory, or demanding).advisory, recommendatory, or demanding).

Identification and Formulation of a
Research Problem
Review of Literature
Formulation of a Hypothesis
(Where feasible)
Collection of Data
Analysis of Data
Interpretation of Data
Research Report
Research Design

Research methodology has many dimensions andResearch methodology has many dimensions and
research methods do constitute a part of theresearch methods do constitute a part of the
research methodology. The scope of researchresearch methodology. The scope of research
methodology is wider than that of research methods.methodology is wider than that of research methods.
Thus, when we talk of research methodology we notThus, when we talk of research methodology we not
only talk of the research methods but also consideronly talk of the research methods but also consider
the logic behind the methods we use in the contextthe logic behind the methods we use in the context
of our research study and explain why we are using aof our research study and explain why we are using a
particular method or technique and why we are notparticular method or technique and why we are not
using others so that research results are capable ofusing others so that research results are capable of
being evaluated either by the researcher himself orbeing evaluated either by the researcher himself or
by others.by others.
Research Methods andResearch Methods and
MethodologyMethodology

Research MethodsResearch Methods
All those methods which are used by theAll those methods which are used by the
researcher during the course of studying hisresearcher during the course of studying his
research problem are termed as research methods.research problem are termed as research methods.
Research techniques refer to the behavior andResearch techniques refer to the behavior and
instruments we use in performing researchinstruments we use in performing research
operations such as making observations, recordingoperations such as making observations, recording
data, techniques of processing data and the like.data, techniques of processing data and the like.
Research methods refer to the behavior andResearch methods refer to the behavior and
instruments used in selecting and constructinginstruments used in selecting and constructing
research technique.research technique.

Research MethodologyResearch Methodology
Research methodology is a way to systematicallyResearch methodology is a way to systematically
solve the research problem. It may be understoodsolve the research problem. It may be understood
as a science of studying how research is doneas a science of studying how research is done
scientifically.scientifically.
Why a research study has been undertaken, howWhy a research study has been undertaken, how
the research problem has been defined, in whatthe research problem has been defined, in what
way and why the hypothesis has been formulated,way and why the hypothesis has been formulated,
what data have been collected and what particularwhat data have been collected and what particular
method has been adopted, why particular techniquemethod has been adopted, why particular technique
of analyzing data has been used and a host ofof analyzing data has been used and a host of
similar other questions are usually answered whensimilar other questions are usually answered when
we talk of research methodology.we talk of research methodology.

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AnswersAnswers

Introduction to Research

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