METHODS OF LEGAL RESEARCH

Course Name: Methods of Legal Research

Course code: LMG 7205

Course Level: Year 1 Semester II

Course Credit Unit: 3CU

STUDENTS ARE REQUIRED TO READ THE MATERIALS BELOW AND THEREAFTER DO THE ASSIGNMENT
THAT FOLLOWS. THE ASSIGNMENT MUST BE SUBMITTED ON OR BEFORE THE 10 TH OF APRIL, 2020.
STUDENTS MAY CONTACT ME ON THE CLASS WHATSAPP PLATFORM FOR FURTHER CLARIFICATIONS.

WRITING A RESEARCH PROPOSAL

Precursor to a research thesis or dissertation is a research proposal. This is a

written statement of what the research intends to investigate and how he/she
intends to achieve it. In this light, Aboki defines research proposal as:

A brief statement of what a researcher wants to do on the

topic he has chosen. It is a statement of how a perceived
idea is likely to be undertaken for the purpose of
concretising it. On many occasions, during the actual
research and writing, a lot of what is contained in the
proposal may be changed slightly or substantially.
Therefore, a research proposal is not a fixed and rigid
document. It may undergo some changes in the light of
findings, some of them unexpected, during the course of
the research.1
A research proposal is written and referenced the same way as the research report
itself. It contains introductory information relating to the background in the context
of the research topic, research problem, and objectives of the study, scope, the
study’s significance and methodology to be used in conducting the study. It also
includes a review of literature relevant to the research topic as well the
organisational structure of the study. Also required to be included in the research
proposal is an operational definition of key terms. Depending on the institutional
1
Y. AbokiIntroduction to Legal Research Methodology (2nd Edition) 57.
guidelines for a given programme, research proposals may be limited in terms of
number of pages or words. This limitation is intended to bring precision and
context to the research proposal and to avoid unwieldiness. A research proposal is
written in futuristic or propositional language which is edited at the final stage of
the research to fit into the final research report’s first chapter.

Selecting a Research Topic for a Research

One of the most important yet challenging aspects of legal research is selecting an
appropriate topic.2 The researcher’s ability to choose a researchable topic is the
first and perhaps most defining step toward a successful study. The choice of topic
is driven by how much interest and passion you have in the field of study and how
comfortable you are in the field. Key questions to ask when deciding on a topic
are: (a) is the topic new? This will assist you in ascertaining the originality of the
topic (b) How unique and timely is the topic? This will enable you understand the
relevance of the topic and its potential contribution to the body of knowledge. (c)
What personal benefits are derivable from the research? Research in this context is
seen as an important career path manual. (c) Is there enough material relevant to
the topic? This is usually determined by the researcher undergoing initial reading.
(d) Are there experts in that field of study with whom you can share on the topic?
Consulting with subject matter experts can assist greatly in enriching your thoughts
and shaping your understanding of the research topic. One of them may end up
supervising the thesis. (e) Is the research topic well-defined and manageable?

A strategic guide for finding a research topic includes doing one of the following:

1. Examining legal developments.

2. Searching for a novel case or a legal issue where courts have
split on their interpretation of the law.
2
University of Melbourne Library Guide ‘Selecting and Developing a Legal Research Topic’ available at
http://unimelb.libguides.com/research_topic/selecting_a_topic visited on 31/03/18.
 3. Browsing recent scholarly publications.
4. Mining topic ideas, including calls for papers and writing
competitions.
5. Talking to people.
6. Keeping up-to-date with current affairs, e.g. news items can
generate topical ideas.3
Finding Background Information
Research is built on previous related studies which serve as springboard for further
studies. The background which is essentially introductory in nature provides basic
information that familiarises the reader with the problem under investigation. Hart
describes the goal of background information in the following words:

Incorporating background information into the

introduction is intended to provide the reader with critical
information about the topic being studied, such as,
highlighting and expanding upon foundational studies
conducted in the past, describing important historical
events that inform why and in what ways the research
problem exists, or defining key components of your study
(concepts, people, places, things).4
Hart, however, warns that in social science research introductory background
information can often blend into the literature review portion of the study and that
basic background information should not be considered a substitute for a
comprehensive review and synthesis of relevant research literature.5

Background information helps the researcher in approaching the research by

providing information relating to the topic of the research. The link between
background information and the research topic also helps in the contextualisationof
the research issues. Background information requires preliminary reading of

3
Ibid.
4
C Hart Doing a Literature Review: Releasing the Social Science Research Imagination (Thousand Oaks, CA:
Sage, 1998).
5
Ibid.
textbooks, journals and other sources usually to uncover the key concepts that
underpin the area of law being researched, as well as significant issues, legislation
and cases. The background also introduces the subject in a few pages in a way that
sets the tone for an analysis of the problem under investigation. It further engages
broader themes and topics that illustrate the key concepts, questions, and theory
and demonstrate the motivation behind the study. The historical component is not
left out as it helps in portraying the antecedence vis-à-vis the current state of
operations of the law with regard to the particular research topic which has made
the research necessary.6

Formulating a Statement of the Problem

After selecting a research topic and giving the background information, the next
thing to do is to formulate a research problem. A research problem is actually what
stirs or agitates the mind of the researcher prompting him or her to embark on the
research. It is a statement about an area of concern, a condition to be improved, a
difficulty to be eliminated, or a troubling question that exists in scholarly literature,
in theory, or in practice that points to the need for meaningful understanding and
deliberate investigation.7 A research problem in law may be about the vague nature
of the law, ambiguities and gaps in the law, inconsistency, incoherence and
instability of the law, and emerging social dynamics that are at variance with the
law. It could also be as a result of split in judicial opinion on the interpretation and
application of the law. Difficulties encountered in the implementation of the law
mostly resulting from overlapping statutory provisions and inherent contradictions
in the law pose yet another significant stimulant to legal researches. It may also be
about flaws at the level of institutions charged with implementation.
6
O J Jejelola ‘Legal Research: An Overview of a Research Proposal’ (2014) Vol. 2 European Scientific
Journal p. 52.
7
Sacred Heart University Library ‘Organizing Academic Research Papers: The Research Problem/Question’
available at https://library.sacredheart.edu/c.php?g=29803&p=185918 visited on 01/04/18.
In all, a research problem works in three different but seemingly interwoven ways
namely: it introduces the reader to the importance of the topic being studied; it
places the problem into a particular context; it provides the framework for
reporting the results and indicates what is probably necessary to conduct the study
and explain how the findings will present this information.8

In view of the foregoing, the research problem is considered the most important
aspect of a research. The word ‘problem’ is used in legal research to describe a
question, concern, difficulty or issue raised, examined, and addressed by the
researcher. Identification of a ‘good’ research problem is pivotal to a research. The
following have been identified as the fundamental pillars of a ‘good’ research
problem:

a. Clarity and precision (a well-written statement does not

make sweeping generalisations and irresponsible
statements).
b. Identification of what would be studied, while avoiding
the use of value-laden words and terms.
c. Identification of an overarching question and key factors
or variables.
d. Identification of key concepts and terms.
e. Conveyance of the study’s importance, benefits, and
justification (regardless of the type of research, it is
important to address the …question by demonstrating
that the research is not trivial).
f. Does not have unnecessary jargon.
g. Conveyance of more than the mere gathering of
descriptive data providing only a snapshot of the issue or
phenomenon under investigation.9

These characteristics can summarily be described in terms of researchability of the

problem as regards the theoretical and practical importance, originality, feasibility

8
Ibid.
9
Ibid.
and interrogative content. The interrogative content of a research stresses the need
for a research problem to be set in an interrogative tone in order to pave way for
effective investigation. This comes by way of research questions appearing next to
the research problem.

Where to Locate Research Questions

Where exactly should research questions be located in a research report is a subject
of intense debate. The ready-made answer may be that research questions should
be stated immediately after statement of the problem, but the structure of writing
often varies depending on the style of the supervisor. An online survey conducted
by ResearchGate and responded to by scholars in different universities around the
world,10 shows a split in opinion on this pertinent question. Some of the notable
responses were in favour of research questions appearing before research
objectives. To that end, Upali opines ‘In my opinion, either a qualitative or a
quantitative research, research problem and research questions (broadly) together
with hypothesis ( if any) are more important and come before objectives’ 11.
Another had this to say: ‘As research question refers to the broader issues that you
want to address, it has to appear first to lead/direct what the research is about.
Based on this, you can formulate the specific objectives of the study.’ 12 To Arriazu,
‘Research questions are the first step to address the research objectives’ 13.
Khasianov in his response states ‘Science is all about critical thinking, about
questioning everything, even the things everyone considers true. So in research,
questions come first, then you set up objectives to address the questions in various
ways’.14
10
ResearchGate ‘What comes first - research questions or research objectives?’ available at
https://www.researchgate.net/post/What_comes_first-research_questions_or_research_objectives visited on
01/04/18.
11
Ibid P Upali.
12
Ibid K B Dahal.
13
Ibid R Arriazu.
14
Ibid A Khasianov.
On the other side of the divide are those who hold the opinion that research
questions should or ought to come after research objectives. In this category are
scholars like A.J. Gilbert Silvius, Arun, AdtyaSahay and KrsztofDurczak. 15 Others
who may be called moderates like Varoglu believe that research questions may
come before research objectives and vice versa depending on the standpoint of the
researcher in terms of knowledge of the subject matter. Varoglu writes:

Simply put, if you do not have a clue of what you might

find by the end of research, you will have a research
question. However, if you have an idea (at least one
hypothesis) then you will have a research objective.
Therefore, depending on where you stand in terms of
how much you already know, you will either form.16
Nevertheless, modern trends in legal researchfavour the practice of closing the
research problem with a central question which is the overarching question the
researcher seeks to explore in the study. This is followed by sub-questions which
divide the central question into smaller, specific questions. Given that research
questions simply present the research problem in an interrogative form, it is most
appropriate that they come after the research problem which precedes the research
objectives.

Depending on the style of research, a research problem can be in the form of a

hypothesis. Hypothesis here means an expected answer to a research question
based on preliminary evidence yet to be tested. A hypothesis typically will suggest
that ‘this’ will happen under ‘that’ circumstance. It is more or less the research
question presented in non-interrogative form. For example, ‘severe penalty deters
crime in the society’ can be the hypothetical version to the question ‘what is the
relationship between penalty and crime rate in the society’? This becomes the

15
Ibid.
16
Ibid Daroglu.
starting point for further investigation of a research aimed at reducing crime rate in
the society.

Research Objectives
Apart from acquiring knowledge and satisfying an academic requirement, there is
also the utilitarian value that underlies legal research as demonstrated in the
research objectives. The research objectives basically state how the researcher
intends to address the research problem in a way that adds or contributes to the
body of existing knowledge at the same time making a strong case for reforms.
According to Churchill, ‘these research objectives are the specific components of
the research problem that the researcher will be working to answer or complete in
order to answer the overall research problem.17 Research objectives are a statement
of the underlying goal or purpose of the research. This can be presented in two-
folds: the broad goal encapsulated in the general objective and particular tasks
described in the specific objectives.

Research objectives should be written using strong action verbs with ample clarity
and achievable focus that will assist in addressing the research problem. The action
verbs should be specific enough to be measured for example: to identify, to
establish, to compare, to analyse, to examine, to verify, to describe, to evaluate, to
assess, to explain, to explore, etc. It is important to avoid vague non-active verbs
that cannot be measured or assessed in terms of achievability, e.g. to understand.

Significance of the Study

The significance of a study must be distinguished from the objectives of the study.
While objectives deal with the actions to be taken by the researcher in addressing

17
G A Churchill Basic Marketing Research (Chicago: Dryden Press, 2001).
the research problem, the significance focuses on the expected benefits of the
research. Significance, also known as rationale for the study is, therefore, a
statement of the material relevance of the research findings to the audience. Here,
the researcher must be able to convince the plurality of users including: the legal
academia, legislators, law enforcers, policy makers, and funders of the worth and
value of the research.

Scope of the Study

Delineating a sizably manageable scope is extremely important in legal research.
The scope provides a ‘map’ of what the research work will do. 18 Usually, the scope
points out the areas that the research will address, and presents a structural
ordering of how it will address those issues. 19 A scope helps define the limits of the
study in terms of content, time and geographical location. The content scope
identifies the specific legal issues to be tackled plus the sector affected e.g.
banking, microfinance, agriculture, insurance, etc. The time scope periodises the
research with emphasis on major legal developments.

The geographical scope addresses the jurisdictional component of the research. In

federal systems of government like Nigeria and United States, the two upper tiers
of government; federal and state, can form the basis for a geographical limitation
in relation to the legal scope resulting in federal and state laws. This may be
contrasted with countries like Uganda where legislative powers reside within a
centralised parliamentary setting in which laws are made on all matters for the
peace, development and good governance of the country as a whole.20 This means
that unlike countries with federal and state laws, countries with centralised
legislative powers enact laws with national applicability. Nevertheless, a national

18
W E Sope and E. OjomoIntroduction to Legal Research 2013 p.5.
19
Ibid.
20
See section 79 (1) Constitution of the Republic of Uganda 1999 as amended.
law can be case-studied in a particular geographical location for greater and deeper
appreciation of its operational facets.

Research Methodology
A legal research must disclose the methodology used in conducting the study. A
researcher must, as a matter of necessity, address the question as to the
methodology suitable for the research in relation to the research problem and study
objectives. Ideally, a research methodology should demonstrate that there is a link
between the research questions and the approach used in addressing them. In other
words, the research problem justifies the methodology to be used. It is this link that
eventually determines the reliability of the research findings and the resultant
recommendations. Martin describes methodology to mean ‘the systematic and
logical study of the general principles…concerned in the broadest sense with the
question of how…knowledge is established, and how others can be convinced that
the knowledge is correct’.21 Depending on the nature of the research problem, the
methodology may be purely doctrinal but also it could be a combination of both
doctrinal and empirical approaches (socio-legal research).

Another area of key concern is identification of sources of information. It is a

universal imperative for good legal research that data collection and their sources
should be disclosed clearly and categorised based on their precedential value. The
research design and the relevant tools for collection of data are equally stated in the
introductory section dealing with research methodology. Other components of a
research methodology are sample sizes and techniques of analysing data.

Literature Review
Literature review is an evaluation of existing scholarly materials related to a
chosen field of study. It assists greatly in promoting an understanding of key
21
B Martin Sociological Research Methods: An Introduction (London: Macmillan Press Ltd 1977) P. 4.
concepts while underlining the convergences and divergences in scholarly opinion.
It also helps in determining the information content around the research problem
and the theoretical developments in terms of knowledge and ideas about a research
topic.

Reviewable texts are secondary materials including; textbooks, journal articles and
other periodicals and conference papers. It does not include primary legal sources
like statutes and judicial authorities. It is, therefore, an assessment of commentaries
on the law and not the law itself.

Apart from it being a brief statement of the position of other scholars, it plays a
significant role in identifying gaps inherent in previous studies thus, providing a
strong basis or justification for further studies. This requires a critical evaluation of
selected texts relevant to the research problem in a way that informs the reader of
the prospects of a major scholarly contribution to the body of existing knowledge.

Materials used in literature review must be fully acknowledged by way of

footnotes even when they have been previously cited. The general rules of legal
citation are applicable namely; the author is identified by surname in the text while
the details of other names in abbreviated form and the full citation of the book or
journal appear in the footnotes. Face-bolding authors names is unnecessary
emphasis while stating the title of the work to be reviewed in the text may not be
proper except specifically required under the relevant research guidelines.

Organisational Layout
This is the last part of the general introduction of a research. It outlines the
research structure and sets out the broad ideas to be tackled in each chapter of the
research. An organisational layout is presented sequentially. At proposal level, the
language of the organisational layout is futuristic in that it prepares the mind of the
reader on what is expected to be down in each chapter of the research. At this
stage, it is an expression of strong intention by the researcher on what is to be
done. At the point of preparing the final draft, it is an actual statement of the
topical issues addressed by the research. The language used at this stage is that of
accomplishment. For example ‘this chapter deals with’, ‘covers’, ‘constitutes’,
‘focuses on’ ‘addresses’, etc.

Legal research does not lend itself to any standard form chapterisation or
organisational structure. The first chapter usually deals with introductory matters
under one broad chapter heading; ‘General Introduction’. Chapter two may be
devoted to conceptual framework where key terms are clarified and given an
operational meaning in the context of the study. Other chapters address specific
issues relating to the research topic and in particular of the research objectives. The
final chapter is the concluding chapter. It is ideal for it to be titled ‘Conclusion’ in
recognition of the fact that research is a coherent whole beginning with the general
introduction in the first chapter to conclusion in the final chapter. Disclosing the
constituent elements of the final chapter in the chapter heading is not ideal. The
final chapter should be able to summarise the level of achievement of research
objectives, point out the research findings and proffer necessary recommendations.
It is also good practice to disclose the major contribution of the research to the
body of existing knowledge.

There is no consensus on the size of a dissertation in terms of number of chapters.

Ideally, this should be determined by the research objectives and the issues sort to
be addressed. Five or six chapters may be sufficient if the research objectives are
properly identified.
Conclusion
In concluding this chapter, it should be pointed out that an alphabetised list of
references or bibliography must be enclosed and bound with a research report or
dissertation. It must equally be noted that the bibliography is largely a list of
secondary sources. Primary sources (statutes, regulations, international instruments
and case law) are usually included in the preliminary pages preceding the main
body of the text as a mark of distinction from other sources. Apart from the
alphabetical arrangement, the bibliography is further organised under various
headings with the effect of grouping constituent sources of information in a chosen
order. Generally, books come first, followed by journal articles, conference papers,
newspaper/magazines, internet sources, etc.

ASSIGNMENT

Identify a suitable research topic within your LLM specialization and write a fully referenced research
proposal of not more than 10 pages.

DR. V T MBELI

0706970595

Valentine.mbeli@kiu.ac.ug