Advanced Legal Research

Methods

JU, LLM, 2014/15 A.Y.

Dejene Girma Janka (PhD)

E-mail: [email protected]
 1. Understanding Research
• Meaning
– Human beings are curious or inquisitive.
• Asking too many questions about many things.
• Even kids ask too many questions.
– Moreover, everyday we faces numerous problems which
need solutions.
– So, there is a need to answers human questions and
solve problems.
– Research is, therefore, a process that involves efforts to
answer questions and/or solve problems.
• It is because of this process that we are progressing.
 Characteristics of research
• As compared to other exercises (like compilation,
copying, etc.), research has certain unique features.
– It is a purposive investigation.
• There is no research if there is no purpose to serve.
– It employs scientific method.
• It uses evidence, it is not arbitrary.
– That is, research is not based on imagination, opinions, blind beliefs or
impressions.
• Thus, the result could be objective, precise, and verifiable.
– Using unscientific method will lead to subjective, vague and/or
inaccurate result.
– It is a systematic and critical investigation into a case.
• It is organized. (E.g. Organization of a paper)
• It is a serious endeavor.
 Ctd.
• It is done to arrive at a conclusion which will stand
up the test of criticism.
– It is not done to arrive at a conclusion that is personally
pleasing.
• Some decision-makers need a research to be personally
pleasing.
• It emphasizes the development of generalizations,
principles, theories, etc.
– It leads to development of knowledge-human progress.
• Etc.
 Purposes of research
• The immediate purpose of a research is to provide answers
to questions or solution to problems.
• However, the ultimate purpose of a research is to generate
knowledge.
• However, we can list countless specific purposes of
research.
• Unraveling the mysteries of nature.
• Establishing generalizations and general laws/rules.
• Contributing to theory building in different fields.
• Verifying and testing existing facts.
• Verifying and testing theories.
• Developing new tools, concepts, and theories to better study
the unknown.
• Helping to making plans and thus contributes to national
development, etc.
 Types of Research
• Research could be classified into different types based
on various criteria.
• Here, we will see researches can be classified based on
intent (purpose), methods used and the style (model)
preferred.
• Based on intent/objective
– Pure/Basic/Fundamental Research
– Applied/Practical research
– Action Research
– Evaluation studies/Evaluative Research
– Exploratory/Formulative research
– Descriptive research
– Diagnostic research
 Ctd.
• According to the method of study
– Experimental research
– Analytical study/statistical method
– Historical research
– Survey

• According to the style/type of data

– Quantitative
– Quantitative
 According to Intent
• Pure/Basic/Fundamental Research
–Undertaken for the sake of knowledge
without any intention to apply it in practice.
–It is curiosity or inquisitiveness that derives
pure research, not practical problem.
–Hence, pure research is not necessarily
problem-oriented.
–But it aims at extending knowledge.
 Ctd.
• Applied/Practical research
– It is conducted to solve practical problems.
– E.g., a research to find a cure for HIV/AIDS.
– Incidentally, it contributes to extension of knowledge.

• Action Research
– Part of applied research.
– Used by practitioners-teachers, administrators , etc.-to
solve problems at hand or make policies needed.
– Hence, action research is initiated to solve immediate
problem.
• A research to get cure for Ebola is a good example.
 Ctd.
• Difference
– Action research is decision-oriented.
• It seeks to generate information with regard to an
existing situation.

– Applied research generally seeks new info. or

new application of scientific knowledge to solve
a problem.
• The problem may not be immediate.
• Thus, there may not be an immediate need for an
answer/a solution.
 Ctd.
• Evaluation studies/Evaluative Research
–This is another type of applied research.

–It is done:
• to assess the effectiveness of social or
economic programs implemented
• to assess the impact of development projects on the
development of the project area.
 Ctd.
• Exploratory/Formulative research
– It is a preliminary study of an unfamiliar problem
about which the researcher has little or no
knowledge.
– It is like a doctor’s initial investigation of a
patient’s suffering from an unfamiliar disease to
get clues for identifying it.
– It usually takes the form of pilot survey.
• E.g., interviewing few people to know which forms of
corruptions are prevalent.
• Then, full-scale research can be conducted.
 Ctd.
• Descriptive research
– It is a fact finding investigation with adequate
interpretation.
– It is the simplest type of research.
– It is designed to gather information and it
provides information for formulating more
sophisticated studies.
– Data are collected by using one or more
appropriate methods.
• observation, interviewing, questionnaire, etc.
 Ctd.
• Diagnostic research
– This is similar to descriptive research in that both
are about what is happening.
– However, diagnostic research is different because
it deals not only with what is happening but also
with why it is happening (cause) and what could
be done about it.
– Hence, diagnostic research, unlike descriptive
research, cannot be done in areas where
knowledge is not advanced.
 According to Method of Study
• Experimental research
–It is designed to assess the effects of
particular variables on a phenomenon by
keeping the other variables constant and
controlled.

–So, it aims at determining whether and in

what manner variables are related to one
another.
 Ctd.
• Analytical study/statistical method
–This is a system of procedures and
techniques of analysis applied to
quantitative data.
–It may consist of mathematical models or
statistical techniques applicable to
numerical data.
• That is why it is called statistical method.
–The aim of analytical study is testing
hypothesis and interpreting relationships.
 Ctd.
• Historical research
– It is a study of past records and other
information sources with a view to
reconstructing the origin and development of
an institution or a movement or a system and
discovering the trends in the past.
– So, historical research is descriptive in nature.
– Of course, it is a difficult work since it depends
on inference and logical analysis of recorded
data and indirect evidence rather than direct
observation.
 Ctd.
• Survey
–Survey is a ‘fact-finding’ study.
–It is a method of research involving
collection of data directly from a population
or a sample thereof at particular time.
• Data could be collected by interviewing,
questionnaire, etc.
–It should be noted that survey requires
expert and imaginative planning, careful
analysis and rational interpretation of the
findings.
 According to the style/type of data
• Quantitative Research
– Also called traditional, positivist, experimental
and empiricist.
– It is uses numbers and statistical methods.
• It is based on numerical measurements of specific
aspects of phenomenon.
– It includes explicit measurements of some type.
– E.g., the number of married people in a given locality.
– So, it abstracts sth from particular instances to
seek general description or to test causal
hypothesis.
– Also, it seeks measurements and analyses that
are easily replicable by other researchers.
 Ctd.
• Qualitative Research
– Also called by constructivist, naturalistic, interpretive,
post-positivist, and postmodernist.
– It covers a wide range of approaches, but by definition,
none of these approaches relies on numerical
measurements.
• It is an inquiry, not a numerical measurement of something.
• Such research has tended to focus on one or a small number of
cases (like case study), to use intensive interviews or depth
analysis of historical materials, to be discursive in method, and
to be concerned with a rounded or comprehensive account of
some event or unit.
• Even though they have small number of cases, qualitative
researchers generally unearth enormous amounts of
information from their studies.
 Ctd.
• Which of the two styles is superior?
• It is debatable.
• Advocates of the quantitative approach argue that
quantitative research is the only way to truth in social
science.
• Advocates of the qualitative model argue that
quantitative research provides non-replicable and
non-generalizable information and it cannot be the
only way to truth.
• Truth
– Neither is superior to another.
– Both could be used to come up with a better research
outcome.
 Ctd.
• There are areas of interests which cannot be
researched based on statistics in social science.
– E.g., when insufficient data exists or when quantification is
difficult.
– Use qualitative style.
• There are also areas which can be research based on
statistics.
– E.g., when sufficient data exists.
– Use quantitative style.
• So, we can adjust our approach based on the topic of
our research.
• Moreover, a good research combines the features of both.
– E.g., a researcher can use some data which is amenable to
statistical analysis while at the same time information that
cannot be quantified can also be used.
 Ctd.
• Conclusion
– The classifications are not a watertight
demarcation.
• It is just an approach to differentiate the distinctive
approaches to research for the purpose of better
understanding.
– The different types of research are, of course, not
sharply distinguishable from one another.
• There may be overlaps between the types/methods.
• For example, pure research may involve
experimentation or survey or analytical study.
 Ctd.
• However under any given circumstance, a better research
type/method should be chosen.
– The quality of research project depends on the
suitability of the method selected for it.
• Hence, care must be taken while selecting a method for a given
research project.
• This shows that the researcher has to have thorough
knowledge about research methods.
– Of course, quality depends on other factors, too.
• the quality of the information used;
• the quality of the questions asked;
• the quality of the objectives, etc.
 2. Legal Research
• Meaning
– Refers to a systematic effort ‘to find’ or ‘ascertain’ a ‘law’
on a given topic or in a given area as well as ‘an inquiry’
into a law with a view to making advancement in the
science of law.
– It is about answering a question or solving a problem
by:
• Searching for a law.
• Examining the law.
– Examples:
• Is there a law that regulates the dissolution of f/n marriage in
Ethiopia? (Search)
• Can customary marriage be concluded by foreign spouses in
Eth.? (Inquiry)
 Purposes of Legal Research
• Generally, the purposes of research apply to legal research.
– Legal research is one form of a research.
• However, as it is different from researches in other fields,
legal research can have its own purposes.
– Ascertaining law on a given topic or subject.
– Identifying ambiguities and inbuilt weaknesses of the law.
– Critically examining legal provisions, principles or doctrines to see
their consistency, coherence, etc.
– Critically examining legal provisions, principles or doctrines, etc. to
understand the policies underlying them.
– Undertaking social audit of law to highlight its pre-legislative
‘forces’.
– Undertaking social audit of law to highlight its post-legislative
‘impacts’.
– Making suggestions for improvements in, and development of,
law, etc.
 Who conducts legal research?
• Anyone can conduct legal research.
• E.g., journalists can do that.
• Yet, as a matter of profession, competence,
legitimacy, etc., it is normally expected of the
following actors.
• Legislators
• Judges
• Lawyers
• Legal Academia
–law professors
–law students.
 Why do they undertake legal research?
• Legislators
– To know and decide which area needs legislation.
– To make a systematic search for the possible
alternatives to the proposed legislative measure.

• Judges
– To find the relevant law to the case at hand.
– To interpret the provisions of the law.
– To cause change in the existing law (case law),
etc.
 Ctd.
• Lawyers
– To find the relevant law to the case of their clients.
– To convince courts on how existing laws should be
interpreted.
– To convince courts that a given law needs change, etc.

• Legal Academia
– They can do legal research to:
• cause change (influence policy-making) of law
• comment on law, cases, etc.
• guide interpretation of law, etc.
 Types of legal research
• Legal research can be classified into:
• Doctrinal
• Non- Doctrinal
• Doctrinal legal research (DLR)
– It is a research into legal doctrines (rules, principles, etc.) (hence,
doctrinal).
– “into” here means it involves analysis of statutory provisions and
cases by applying power of reasoning.
– As such, DLR deals with legal documents (law and cases).
• Is the law adequate?
• Why was the law made?
• Is it as modern as other countries’ laws?
• What does the law say?
• What are the theories, policies, etc. behind a given law?
• Is the decision of the FFIC constitutional? etc.
 Ctd.
• From the above examples, we can understand that
DLR could be analytical, descriptive, comparative,
historical , etc.
– Is the Ethiopian Constitution as accommodative of
minorities’ rights as is the US Constitution?
– Does the FDRE Constitution give sufficient protection to
children?
– How did the FDRE Constitution come about?
– What does the law of family say about religious
marriage?
 Ctd.
• Basic tools (sources) for doctrinal legal research
– statutory materials
– case reports
– standard textbooks and reference books
– legal periodicals
– Parliamentary debates and government reports

– So, DLR can be purely library based.

 Ctd.
• Advantages of DLR
– It gives solution in a relatively short period of time.
• less time taking.
– It can cause the amendment of the law by identifying
the problems in the law.
• Gaps, ambiguities, inconsistencies, etc.
– It can cause the development of law.
• By analyzing legal principles or doctrines and making sound
reasoning doctrinal legal researchers can contribute to the
development of law.
– Graven’s commentary helped dev’t of Cri. law in Ethiopia.
– It provides sound basis for non-doctrinal legal research.
• DLR can be used as a starting point.
 Ctd.
• Shortcomings/Limitations of DLR
– Subjectivity
• As it involves analysis of legal doctrines, the result
could be subjective.
• E.g., ESCR under the FDRE Constitution.
– Different stands.

– It does not deal with the relationship between

law and the people/society.
• It is more like a theoretical research.
• Thus, it may not be supported by existing realities.
– E.g., land ownership and the feelings of farmers.
 Non-Doctrinal/Socio-Legal Research (NLDR)
• It is deals with r/p of law with other behavioral sciences.
– It emphasis to r/p of law with people, social values and
social institutions.
• It is a research about law, not in law.
• You have a law. Then what?
– NDLR answers this question.
– E.g., it looks at:
• how law and legal institutions affect/shape human
attitudes/thinking.
• what impact law and legal institutions create on the society.
– How do laws operate in a community?
– How does family law affect people living together?
– What is the impact of criminal law on the society?
– How does the recognition of sharia courts affect Muslims?
 Ctd.
• Scope
– NDLR is broader than DLR.
• DLR studies deals with doctrines or legal authorities.

• NDLR deals with law + other sciences.

– Yet, in the legal profession, it is still DLR that is

encouraged more than NDLR.
• This cannot be more true than in our case!
 Ctd.
• Tools for NDLR
– To achieve its objectives, NDLR largely relies on
empirical data.
• It is not highly tied to legal instruments or court cases.
– To get the necessary data, it employs:
• Interviews
• Questionnaire
• FGD
• Systematic observation
• Literature review (consulting published or
unpublished materials)
• Consulting Reports, etc.
 Ctd.
• Advantages of NDLR
– It studies the ‘gaps’ between ‘legislative goals’ and
‘social reality’.
– Position of the law Vs. Reality on the ground
– It provides ‘expert advice’ and gives significant
feedback to the policy-makers, legislature, and judges
for better formulation, enforcement and interpretation
of the law.
– It allows interdisciplinary research.
• It permits analyzing law from different angles or sciences.
• Thus, NDLR can tell how law operates in real world.
– Law and economics
– Law and society
– Law and culture
 Ctd.
• Limitations
– It is extremely time consuming,
– It is extremely costly.
– It requires knowledge of doing DLR.
• A researcher who is weak in DLR cannot handle NDLR
in a meaningful way.
• Only someone with DLR experience can do it.
– The basic tools of data collection, namely
interview, questionnaire, observation, FGD, etc.
are not simple to employ.
• They require skill, experience, and knowledge.
 Relationship between DLR and NDLR
• They are not mutually exclusive.
• Indeed, they complement each other.
– NDLR can be a valuable supplement to DLR.
– DLR also provides for a supporting theory for NDLR.
• Thus, both could be used in a single research.
– DLR could be used for some chapters.
– NDLR could be used for other chapters.
• Ch. 1: Analysis of legal framework on terrorism in Eth.
• Ch. 2: Impact of terrorism law on potential terrorists in Eth.
• Ch. 3: Concluding remarks.
– Such research cannot be purely DLR or NDLR.
• It contains features of both.
 Current Trend in Legal Research
• Traditionally, legal scholars have engaged in analysis
of legal concepts, doctrines, statutes, or provisions
in the light of judicial pronouncements.
– This type of legal research is characterized as ‘mono-
disciplinary legal research’.
– The discipline involved is only one, i.e. ‘law’.
– All DLRs obviously fall in this category.

• This type of research does not fully reflect the social

dimensions of law.
 Ctd.
• Now, there is a trend to move away from mono-disciplinary LR.
• Reasons
– An inquiry into a legal fact goes beyond the discipline of ‘law’ and touches
upon disciplines ‘related’ to law.
• Law operates in a complex social setting.
• Thus, we cannot fully understand it without looking at it from d/f
angles.
• Mono-disciplinary LR does not allow this.
• Interdisciplinary LR has more potential to contribute to advancement of
knowledge and development of law.
– E.g., scholars from different disciplines can work together to inquiry into a
legal fact.
• Lawyers and anthropologists
– Why is a given law so effective in a given society than in others?
• Lawyers and economists
– Why is the tax law so difficult to obey?
– NDLR falls into this category.
 3. Planning Research/Preparing Research
Proposal
• Research is a process whereby someone tries to find an
answer/a solution to a question/a problem.
• A researcher must explain the steps involved in this process in
as much detail as possible to achieve his objectives.
– Why it is needed
– Objectives
– Questions
– Methods
– Time needed
– Budget needed, etc.
• So, research will be successful only if it is carefully
planned.
• A research that is not carefully planned is less likely to be
successful.
 Ctd.
• What is a research proposal?
– It is a document that describes the planned
research process in sufficient details.
• It is a plan to engage in a systematic inquiry about a
question or a problem to get better understanding.
• Thus, it contains every necessary step.
– Indeed, a research proposal is a researcher’s road
map.
• This is why researchers and a military commanders
can be compared.
• Both must make careful preparations for their
missions to avoid failure.
 What is expected of a research proposal?
• In addition to containing every necessary details about
a plan research, a completed research proposal must
answer at least the following questions.
– Is the research worth conducting?
• Why this research? (The “why?”)
• Any value to be added to the existing resources?
– Is the researcher capable of carrying out the
research?
• Competence.
– How will the research be conducted?
• methods
– How will the research be relevant?
• Answering the “so what” question.
• Then, readers can have clear idea of why and how the
study will be conducted.
 Research Topic
• Before a research proposal is prepared, one must have a
topic to research.
• Without a topic, no proposal can be prepared.
• So, selection of a research topic is the first step.
• Where can one get a research topic from?
• From a variety of sources like the things we see, hear, discover,
stumbles with, etc.
• We can start from a crude idea and then refine it.
– Crime money laundering money laundering in Ethiopia.
 Ctd.
• While refining a crude idea to frame a topic, one can use
the following questions as guidelines to come up with a
good research topic.
– What should the research topic be?
– Is there adequate information on the topic?
– About what aspects of the topic is there a shortage of info?
– Is there a debate about the topic?
– Why do you find this research topic interesting?
– Why should others be interested in the topic/research?
– How does your research topic relate to your academic discipline?
– Etc.
 Ctd.
• Attributes of good research topic
– Refining a crude idea must yield a good research topic.
– A good research topic has the following attributes.
• The topic must be the one you are interested in.
• The topic must be the one you have the necessary skill to
conduct a research on.
• The topic must allow research within the available time.
• The topic must remain current when you finish the research.
• The topic must allow research within the resources you have.
• You must have access to data you may need to do a research
on the topic.
• Your topic must reveal that some kind of value will be added.
• The topic must go in line with your career goals, etc.
 Contents of a research proposal
• Once a good research topic is selected, one can embark on
preparing a research proposal.
• It contains:
• Background
• Review of Literature
• Problem Statement
• Objective of the Research
• Research Question/Hypothesis
• Significance of the Study
• Method/Methodology
• Limitations to the study
• Scope of the study
• Organization of the research
• Time and Resource needed
• Reference materials
 Ctd.
• Background
– This part is a brief introduction which presents
background information about the problem area in the
form of a discussion.
• It sets the stage for discussion of the specific problem.
• It also sets the stage for the entire study and puts your topic in
perspective.
• The introduction often includes spectacular/salient and
general statements about the need for the study.
 Ctd.
• Literature review
– Almost all researches require some sort of literature review.
– But the extent of the required review varies according to the
type of proposal.
• A PhD proposal for DLR requires exhaustive reviews of the
relevant literature, whereas action research does not require
much review.
– Why literature review?
• It convinces readers that the researcher is familiar with the
literature in the area of his research.
• It convinces readers that the researcher is competent to conduct
investigations in the field of the research.
• It informs readers that there is a gap in the existing literature or
knowledge that your research is going to fill that gap.
• It can help the research to refine research questions and objectives.
 Ctd.
• Statement of the problem
– A research needs to have a problem statement.
• Problem statement refers to a statement that describes a question or a
problem that has triggered the research.
• No question or problem, no need to conduct investigation into sth.
– So, in this section, a researcher must describe the question or
problem he wants to deal with.
– The description must focus on the following questions.
• What is the problem?
• Why does the problem need attention?
• Who is affected by the problem?
• How large is the population affected?
• How important, influential, or popular is this population?
• Is the problem of current interest?
• Is the problem likely to continue into the future?
• Will more information about it have practical application?
• Will more information about it have theoretical importance?
• Would this study substantially revise or extend existing knowledge?
• Would research findings lead to some useful change in best practice? Etc.
 Ctd.
• Objectives
– This part explains what the research intends to accomplish
in a precise manner.
– Usually, it contains the general and specific objectives.
• General objective
– It is a general statement stating the major purpose of the study.
• Specific objectives
– Derived from the general objective, they are specific
statements containing specific purposes of a study.

– Objectives must be worded as:

• The objective(s) of this study is (are) to…………….
– They must be framed in such a way they lead to the
research question(s).
• However, research objectives should not:
– be too vague, ambitious or broad in scope.
– repeat each other in different words.
– go into the details of the research.
 Ctd.
• Research question(s)
– This lists the questions a research intends to answer.
– The questions are specific & derived from objectives.
– Why questions?
• They are needed to keep the researchers focussed.
– However:
• questions should not be elaborated.
• questions must be clear and succinct.
• questions must be the one the research can answer.
• questions should not repeat objectives with question marks.
• Question can change, shift, evolve and develop.
– Reading literature, data collection, discussion with
stakeholders, etc. may lead to new questions.
 Ctd.
• Example:
– New questions may arise from reading the literature.
– Data collection may uncover new and more insightful
questions, which may help to elucidate better the
research problem.
– Different stakeholders may bring to your attention
additional issues that require exploration which will lead
to the development of additional questions.
 Ctd.
• Types of questions
– A research may have two types of questions: main question and
sub-questions.
– Main Question
• This is a more general question framed to achieve the research
objective(s).
• There is no requirement that the main question should be one.
– E.g., “Does Ethiopia have IP law, and, if so, is it
implemented?” could be main research questions.
– Sub-questions
• These are specific question derived from the main question
and serve as building blocks to create an argument.
.

Sub- Sub-
question 1 question 2

Sub-
Sub- Main
question 3
question 6 Question

Sub- Sub-
question 5 question 4
 Ctd.
• Hypothesis
– It is a proposed explanation about something.
– Or, it is a statement created by a researcher to serve as a
tentative an answer /solution to a question or a problem.
• The statement is an assumption which is reasonable.
– A good hypothesis is the one that can be tested.
• Devil exists or the Moon has lives.
– However, hypothesis is not always needed.
• E.g., in legal research, hypothesis is not required.
• Instead, things like research question are required to keep
researchers focused.
– Yet, in researches which involve experimentation, hypothesis
is needed.
• Then, the researcher works towards proving or disproving it.
• This means, a hypothesis is used to keep the researcher focused.
 Ctd.
• Significance
– This section shows the contribution of a research
to the field of study.
• Research must bring some gains/contribution.
• The gains could be theoretical or practical.

– So, this section of a research justifies why the

study has to be conducted.
• In other words, it makes the purpose worth pursuing.
• Accordingly, it answers the questions:
–Why is the study important?
 Ctd.
• Research methodology
• Methods Vs. Methodology
• Research Method
– Refers to all the techniques/tools used to conduct
research.
– Example:
» Techniques used to gather data.
• Questionnaires, interview, FGD, etc.
» Software used to analyze data.
• SPSS, SAS, and other statistical packages.
– These are part of research methods and they are what the
expression refers to.
 Ctd.
• Research Methodology
– It includes research methods but goes beyond that.
– What it deals with include:
• Types of Research Methods to be used
– Data gathering tools and data analysis method.
• Explanation of research methods.
– What certain data gathering or analysis mean.
• Justifications
– Why certain data gathering or analysis methods chosen.
• Application
– How chosen methods can be can be applied/used.
– Therefore, it refers to every rule of procedures about how research is
conducted.
• i.e., it addresses all issues relating to how a research can be
conducted.
• So, the two should not be used interchangeably.
– That is a common mistake.
 Ctd.
• Sources of information
• This is one of the things this section should include.
• A researcher must identify the sources of his information.
• In this regard, we can identify three sources of information.
– Primary sources
– Secondary sources
– Tertiary sources

– Primary sources
• These are original sources/materials for a given information.
• They are materials/sources other researches are based on.
– E.g., people, laws, cases, etc. are primary sources.
• Methods of getting information from primary sources:
» Interview, Questionnaire, Observation, FGD, etc.
 Ctd.
• Secondary sources
– These are sources which are prepared based on primary
sources.
– Hence, they are interpretations and evaluations of
primary sources.
• That means, secondary sources are not evidence, but rather
commentary on and discussion of evidence.
– E.g., published and unpublished sources such books,
journals, and treatise are secondary sources.

– Note that what some define as a secondary source may

be defined as a tertiary source.
 Ctd.
• Tertiary Sources
– Assume, you want to do a research on a new
concept say environmental democracy.
• What would you do first?
– You consult sources which can give you general,
simplified, superficial information about it.
• E.g., dictionaries, wikipedia, encyclopedia,
directories, indexes, etc. can do this.
• These are what are called tertiary sources.
–They provide general information like definition
and sources to ready to help the public on a given
topic.
 Ctd.
• Choice of sources based on authoritative value
• Primary sources are more authoritative than other sources.
– Because they reflect truth than other sources
• Thus, whenever possible, we can and have to use primary information.
• E.g.:
– Instead of quoting what a law says from a commentary, we can
directly use the law itself.
– Instead of writing about people’s feelings based on written
materials, we can speak to people about their feelings.
• However, for many reasons, the use of primary data may not be
possible/necessary.
– In this case, secondary data/source will be compulsory.
– But tertiary sources are barely used for a research.
– In particular, at a university level, tertiary sources are rarely used
to generate research info.
» They are less authoritative based on the nature info they
provide.
• Tools to use for data (info) collection
– Literature review
– Legal, case, other document analysis
– Focus group discussion (FGD)
– Observation
– Interview
– Questionnaires, etc.
 Ctd.
• Literature review
– Gathering relevant materials;
– Obtaining relevant information;
• Legal, case, other document analysis
– Appropriate documents are gathered;
– Relevant sections are examined;
• Focus group discussion (FGD)
– A mini group is formed;
– Members must be ones capable of holding discussion;
– Discussion points are identified;
– Participants controlled by the researcher;
– Sounding recording is good while notes are taken, etc.
• Observation, etc.
– Appearing somewhere and seeing what is going, how it
is going on, etc.
– It can happen in three ways.
– Observation as a non-participant
• Just observing what the target does, things, etc.

– Observation as a known participant

• Trying to become some member of the target.
• There is an attempt to share life style-culture, etc.
– Observation as a complete Participant
• Status as a participant is concealed,
• There is an attempt to become a full member of the
community.
 Ctd.
• Interview-General Remarks
– Interview is one form of gathering data.
– Unlike many other methods, employing this methods
requires skill and experience
• Because it involves high social interaction.
– Moreover, it requires taking many special cares.
– Example;
• No lengthy questions to kids as they have limited attention
span.
• The language used should be appropriate to the group
interviewed.
• Interviews should be avoided on sensitive matters like truancy
in universities (comfort with questionnaires).
 Ctd.
• Types of Interviews
– Interviews may take different forms.
– Fully structured
• It is also known as a formal interview.
– It is like a job interview.
• The questions are predetermined.
• The order of the questions is also predetermined.
• So, interviewers ask the questions in their orders.
– No deviation from the orders.
– No going beyond the questions or answers given for
further probe.
• So, structured interviews are inflexible.
 Ctd.
• Strengths
– Easy to replicate as a fixed set of closed questions are
used.
– Quick to conduct.
• So, many interviews can take place in short time.
• This allows using large sample.
• Using large sample in turn leads to more representative
findings.
• Limitations
– Structure interviews are not flexible.
• Further investigation based on answers is not possible.
– Answers lack detail as only closed questions are asked.
• So, it is not possible to know why a person has provided a
given answer.
 Ctd.
• Unstructured Interview
– Sometimes, it is called ‘discovery interviews’.
– The interviewer has a general area of interest
and concern.
– Hence, there are no pre-determined questions or
orders.
• In fact, questions can be added or omitted as the
interview progresses.
– Besides, questions used are open-ended.
– It can be completely informal.
 Ctd.
• Strengths
– More flexible.
• Questions can be adapted and changed depending on the
respondents’ answers.
– Open-ended questions allow respondent to provide in
depth information in their own words.
• This enables researchers to know their understanding of
something.
– They have better validity.
• They allow researchers to seek clarification and additional
information.
• Indeed, it is a qualitative research method.
– Because it allows generating in depth info from
interviews.
 Ctd.
• Limitations
– Time consuming (conducting and analysis)
• E.g., respondents talk and stopping them is difficult
as answers are not prearranged.
• This means, many people cannot be interviewed.
• In turn, this affects the generalizability and
representativeness of findings.
– Expensive (like employing skillful persons, when
necessary, etc.)
– Much of what respondents say may be worthless
because of digression.
 Ctd.
• Semi structured
– Questions and orders are predetermined
– But modification based upon interviewer's
perception of what seems appropriate is ok!
– Example:
• Wordings of question can be changed
• Explanations for questions could be given.
• Inappropriate questions for some interviewee can be
omitted
• Appropriate questions to a particular interviewee may
added.
 Ctd.
• General advice to interviewers
– Listen more than you speak
• You need info, not to give info.
– Put questions in a straight forward, clear and non-
threatening way
• Make it easier for the respondent to interact with you.
– Take a full record of the interview
• Avoids leakage during latter process.
– Never give the message that you are bored or scared.
• Show interest and confidence.
– Avoid
• Long questions
• Questions involving Jargon
• Leading questions
• Biased questions (New car…scenario)
 Ctd.
• Questionnaires
– They are questions people are asked to get info about
what they do or what they think about something.
• They are usually systematically written.
• May be administered to the whole population (surveying) or
part thereof (sampling)
– Questionnaires can be administered in one of the three
ways.
• Self-completion: Respondents fill in the questionnaires.
– They may receive them directly, through post office, email, etc.
• Face-to-face interview: interviewers asks questions in the
presence of the respondent and complete the questionnaires.
• Telephone interview: interviewers call respondents by phone,
ask the questions and record the responses.
 Ctd.
• Tips to prepare good Questionnaires
– Keep the language simple
• E.g., remove ambiguity, vagueness
– Keep questions short
– Avoid double-barreled questions.
• Such questions ask two questions at once.
– Avoid questions in the negative.
• Negatively framed questions are difficult to understand.
– Avoid a prestige bias
• This occurs when a view is linked with a prestigious person
before asking the respondent's view.
– Etc.
• Good questionnaires have the above x-s.
 Sampling
• Determining sample size
– Population: universe of units (people, nations, cities, etc.)
from which sample is to be selected.
– Sample: The segment of the population that is selected for
investigation.
• Sample is necessary because census is tiresome, time taking, costly,
and it requires huge human resources
– How is its size determined?
• There is no single rule as to how much of the population should be
used.
• However, it should be adequate to lead to precise generalization or
to be representative.
– Sample is said to be representative (microcosm) if it can reflect
the population accurately.
– For example, 10% rule can be okay when it works.
» The sampling ratio will be 1/10. (sample/pop.)
 Ctd.
• Care must be taken to avoid sampling bias.
– It is a distortion in the representativeness of the sample.
– It arises when members of the population :
• Have little chance of being selected to a sample;
• Have no chance of being selected to a sample.
– Note that sampling bias is different from
sampling error.
• Error refers to the difference btw the result found the reality.
– E.g., if a research shows 20% of people like politics and in
reality only 18% like it, the 2% difference is an error.
– This can happen due to many reasons which includes bias
etc.
– Indeed, it is not possible to avoid error totally unless
census is used but it is possible to keep it to a minimum.
 Ctd.
• Bias is also an error but a systematic error.
– It is made to get a different result than a result with
unbiased research.
• Thus, the end result will not reflect the target
population.
– Here, we can have many biases;
• Researcher’s bias
– Like including biased questions or selecting only some
respondents by excluding others.
• Respondent’s bias
– Providing answers in the way one wants, not truthfully.
– Non-response bias, etc.
» Preferring not to respond.
 Ctd.
• Methods/Types of sampling
– Probability sampling and non-probability sampling
– Probability sampling
• This is a random selection method.
• It gives each unit in the population a known chance of being
selected.
• As such, it is assumed to yield a representative sample.
– Main advantage is to keep sampling error to a minimum.

– Types of Probability Sampling

• Simple Random Sampling
• Systematic/Interval Sampling
• Stratified Random Sampling
• Cluster Random Sampling
• Multi-Stage Sampling
 Ctd.
• Simple Random Sampling
• Lottery method.
• Everyone has equal chance of being selected.

• Systematic/Interval Random Sampling

• We pick a random starting point-random starting pt.
• Then, we choose every Kth number from the population as a
sample.

• Stratified Random Sampling

• Involves dividing the population into strata (groups) based on
some known similarities-putting homogenous groups
together.
– E.g., farmers, lawyers, politicians, women, students, etc.
• Then, choose desired sample from each strata randomly.
 Ctd.
• Cluster Random Sampling
• This involves dividing population into groups without using
similarities.
– E.g., classification based on geography, cities, schools, etc.
not based on homogeneity.
• Then, some groups are randomly chosen for sampling.
• Finally, samples are drawn randomly from chosen groups.
– So, this method involves choice twice-choice of groups
and choice of samples from chosen groups.

• Complex Multi-Stage Sampling

• A method in which various types of sampling techniques are
used.
• It is commonly used in nation wide type studies.
 Ctd.
• Important points
• One, the above are not the only methods of probability
sampling.
– They are only examples.
– E.g., we can have a sampling method called stratified
clustering which combines stratification and clustering.
» Stratify population first
» Cluster strata (dividing strata to groups)
» Choose groups from clustered strata.
» Then, choose sample from chosen clusters.
• Two, every sampling method has its own advantage and
disadvantage.
– This is so when we see them in light of, cost, time, sampling
error, etc.
 Ctd.
• Non-probability sampling.
– This method does not involve selecting samples
randomly.
– So, probability theory (where result is determined by
chance) is not used.
• Thus, there will be no equal chance of being selected, some
units in the population are more likely to be selected than
others.
– Does this mean that non-probability samples are not
representative?
• No!
• It means they are less representative as compared to
probability samples (they may not represent the population
well).
• Random/probability samples represent population well than
non-random samples.
 Ctd.
• So, there will be greater confidence of
representation with random sample.
– Researchers usually prefer probability or random
sampling methods.
• However, there may be cases where it is not
feasible, practical or theoretically sensible to do
random sampling.
• In this case, one has to use any of the various forms
of non-probability methods.
 Ctd.
• Types of non-Probability Sampling
– Broadly, non-probability sampling methods can
be divided into two:
• Accidental
• Purposive
– Most sampling methods are purposive in nature.
• Because usually we deal with samples or samples are
chosen with a specific plan in mind.
 Ctd.
• Accidental, Haphazard or Convenience Sampling
– This involves using people we accidentally meet or
based on our convenience as samples.
– Examples:
• TV news programs ask the people on the street.
• Lawyer/Medical doctors may ask their clients.
• Teachers may ask their students.
• Others may ask only volunteers, etc.
– In all these cases, there is no evidence to show the
samples represent the population to make
generalizations.
– Indeed, usually, the representativeness of such samples
is usually doubted.
 Ctd.
• Purposive Sampling
– This is a method where samples are taken with a
purpose in mind.
• i.e., samples are chosen to satisfy the needs of a researcher to
achieve his research objective.
– So, when samples are chosen, usually there are one or
more specific predefined groups to draw samples from.
– E.g.:
• Market researchers may interview only those in supermarkets.
• To check the tax mentality of people, only taxpayers can be
targeted.
• To know the political landscape in Ethiopia, only politicians can
be targeted.
• A lawyers may interview only medical doctors in AA to assess
the level of medical malpractice in Ethiopia.
 Ctd.
– Once target is acquired, a researcher has to check that
the sample actually meets sampling criteria.
• E.g., is the person a buyer, a politician, a tax payer, a medical
doctor?

– Purposive sampling can be very useful:

• When reaching a targeted sample quickly is needed;
• Where sampling for proportionality is not the primary
concern.
– So, with a purposive sample, getting the really opinions
of the target population is likely.

– But, overweighing the opinions of subgroups in

population is also likely.
 Ctd.
• Types of purposive sampling
– Modal Instance Sampling
• This involves sampling frequent or typical cases.
• Examples:
– Interviewing regular voters why many people vote during
election.
– Interviewing a recidivist to know why people commit
crimes.
• The problem is we don’t know who can be a model or
typical case to choose samples.
– E.g., can a regular voter give representative opinion about
why many people vote?
» People may vote because of fear or the benefits of
election.
– People may commit crimes because of many reasons some
of which are not known to a recidivist.
 Ctd.
• Expert Sampling
– This is a method that involves using as samples
experts in a given area.
• These are people with special knowledge and experience.
– The method is good because it enables one to get
the views of people with specific expertise in a
given area.
– Moreover, it can be used to provide evidence for
choosing some sampling methods.
• E.g., experts can be consulted to comment on the criteria used
to choose models for model instance sampling.
– However, the problem is, even experts can be
wrong about certain things.
 Ctd.
• Quota Sampling
– This involves fixing a quota using some criteria like age,
sex, education, etc..
– Then, you draw samples from the population based on
the quota.
– Such sampling could be proportional or non-
proportional.
• 40% women and 60% men.
– Proportional.
• Assigning a minimum number of samples to each
group
– Non-proportional.
 Ctd.
• Heterogeneity Sampling/Sampling for
diversity
– This is used when the purpose is to include all views or
opinions.
– Thus, representation is not an issue here.
• Thus, a research does not have to worry about average person
or model instance person.
• He should worry about sampling of ideas, not people.
• This shows that heterogeneity sampling requires the
participation of diverse range of participants in a study.
– So, one may say, heterogeneity sampling seems opposite
to model instance sampling.
 Ctd.
• Snowball Sampling
– Here, a researcher begins by identifying a person who
meets criteria for inclusion a study.
– Then, the chosen person is asked to recommend others
who meet the criteria.
– Problem
• This method does not lead to a representative conclusion.
• However, sometimes, it is a best method.
• Example, it can be used to reach population who are
inaccessible or hard to find.
– If one wants to study go-between for corruption, he can
define criteria for selection and find one person.
– This person knows others and how to find them.
– Hence, he can advise the researcher very well.
 Ctd.
• Data analysis
– Once sampling techniques are chosen and described, a
researcher has to do one more thing.
– He has to describe how the data collected will be analyzed
with justifications.
– Example:
• Will you use statistical software to analyze data?
– If so, which one?
» SAS (Statistical Analysis System)
» SPSS (Statistical Package for the Social Sciences)
• Now, SPSS company calls it Superior Performing Statistical
Software.
» SHAZM, TSP, BMDP, etc.
• Will you use other statistical methods of analyzing data?
– If so, which/what?
 Ctd.
– Limitation and scope of the study
• Constraints or challenges to face.
– Scope
• Coverage of the research.
– Organization of the research
• What every chapter is all about.
– Resources necessary
• Details of resources the researcher needs to successfully
complete the research.
– Time framework
• How long will it take to conduct the research and what you do
when.
– Reference Materials
• List of examples of materials you will use.
4. Analysis and Interpretation of Data
• Data collection
– The first step is obviously data collection.
– One has to choose source of information based
on his research topic/research objective.
– Then, he has to prepared appropriate data
collection instruments, if need be.
– Data has to be collected.
– Finally, he can embark on data analysis and
interpretation.
• What is data analysis?
 Ctd.
• Data Analysis
– It is a process aimed at discovering useful information from
the data to make conclusions (to decision-making).
• So, it enables us to make sense out of raw data.
• Without analysis, raw data does not tell us anything.
• Once analyzed, however, data gives us some message.
– It is a process that involves different steps such as:
• Data inspecting
– We check the data we have obtained.
• Data classification
– Putting similar data together/in the same category.
• Data coding
– Giving answers/data codes for analysis purpose (numbers,
symbols, etc.)
– E.g.: high= 1, medium=2, low=3, IDK=4.
 Ctd.
– Data cleaning
• In the process, a research/his assistant may make
some mistakes.
• Thus, he has to check for wrong entries or
duplications of data and make corrections.
– Data Analysis (sometimes called data modeling)
• Once, preliminary matters are done, data can be
analyzed.
• This may involve two stages.
– Initial data analysis
» To check things like the data quality of the data and
quality of the measurement we have used.
– Main data analysis.
» To answer the research question.
 Ctd.
• Formulation of Legal Issues
– Data analysis is not an end in legal research.
– It is done because it leads to identification of legal issues.
• Based on the useful information we discover through analysis,
we can identify a legal issue to deal with.
– Example:
• Assume data was collected from Jimma to know the level of
domestic violence in the town.
• Assume also that analysis of the data reveals that there is a
widespread domestic violence in the town.
– Does this result lead to any legal issue?
– Can we identify any legal issue to deal with based on this
data result?
 Ctd.
• Is there a law that that prohibits domestic violence
in Ethiopia?

• Is the law that prohibits domestic violence in

Ethiopia adequate?

• Are perpetrators of domestic violence punished?

• Are the sentences given to those who commit

domestic violence adequate?

• Are there (legal) procedural obstacles to effectively

prosecute perpetrators of domestic violence?
 Ctd.
• Doing Legal Research
– One cannot begin doing legal research until legal issue is
identified.
– Once, a legal issue is identified, legal research can be done.
– If there are many legal issues, they should be organized in a
logical manner before the actual research begins.
– Starting the research.
• First, find the law.
• Then, read the law thoroughly.
– Update the law, i.e., check the applicability of the law to your
case.
• Apply it to the information obtained through data analysis.
• Finally, make your conclusion which is called interpretation
(drawing inference from data collected)
– Recommend application, amendment, or repeal of law or other
actions to be taken.
 Ctd.
• Getting relevant laws
• How can a researcher get legal instruments relevant to his issue?
• Consulting legal directories
• Using case directories
• Referring to indexes in some materials
• Visiting the websites of some institutions like the
– HPR
– HOF
– FSC
– Berhanena Selam Printing Press
• Consulting experts like
– Lawyers
– Judges
– Prosecutors
• Using online search, etc.
– Ethiopia legal brief and others.
 Ctd.
• Hierarchy/Authoritative Values of legal Sources
– At times, a researcher may find more than one legal
instrument dealing with his issue.
– In this case, he has to resolve the tension by relying on
their authoritative values/rules of interpretation.

– Examples:
• A constitutional stipulation overrides other
stipulations.
• Provision in a proclamation override other provision
but that of the Constitution.
• Interpretation of a law by the CB of the FSC is
controlling on some issues.