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Introduction to research methodology

Presentation · January 2021

DOI: 10.13140/RG.2.2.21389.97764

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Introduction to
Research
Methodology
Dr. Kavitha Chalakkal
Assistant Professor,
Lloyd Law College.
Why Research?

▪ Legal Research - Begins with a question or problem;

▪ Aim - To find answers to questions by applying scientific procedure;
▪ Explains: Juridical concepts, analyses statutory provisions, picks
out significant judicial dicta, formulates problem deducible from
judicial decisions and arranges the whole material in some logical
order;
▪ As an occupational exercise, it is needed for legislators,
administrators, judges, lawyers and legal academics.
Dr. Kavitha Chalakkal 2
Types of Legal Research
1. Analytical: Finding out the existing law;
2. Historical: Finding out the previous law in order to understand the
reason behind the existing law and the course of its evolution;
3. Comparative: Finding out what the law is in other countries and whether
it can be drawn upon with or without modification;
4. Statistical: Collection of statistics to show the working of the existing
law;
5. Critical: Finding out the defects in existing law and suggesting reforms.
Dr. Kavitha Chalakkal 3
Research Terms

▪ Research Approaches: Plans and procedures for

research; steps from broad assumptions to detailed
methods of data collection, analysis and interpretation;
▪ Research Design: Procedures of enquiry
▪ Research Method: Method of data collection, analysis
and interpretation;
▪ Research Problem: Issue being addressed.
Dr. Kavitha Chalakkal 4
Components of Legal Research

▪ Identification and formulation of a research problem or choosing

a research topic and title;
▪ Review of literature;
▪ Formulation of a research question or hypothesis;
▪ Deciding the methodology for conducting the research;
▪ Research design;
▪ Collection, analysis and interpretation of data;
▪ Writing the research report. Dr. Kavitha Chalakkal 5
1. Research Approach
Research Approaches

▪ The methods section describes :

▫ Actions to be taken to investigate a research problem;
▫ The rationale for the application of specific procedures or
techniques used to identify, select, process, and analyze
information applied to understanding the problem, thereby,
allowing the reader to critically evaluate a study’s overall
validity and reliability.

Dr. Kavitha Chalakkal

7
Why Research Methodology?

▪ The methodology section of a research paper answers

two main questions:
▫ How was the data collected or generated?
▫ And, how was it analyzed?
▪ Tip: The writing should be direct and precise and always
written in the past tense in the thesis, and in synopsis it
will be in future tense.

Dr. Kavitha Chalakkal

8
Methodology is crucial -an unreliable method produces unreliable
results and, as a consequence, undermines the value of your
analysis of the findings.
The methodology section of your paper should clearly articulate
the reasons why you have chosen a particular procedure or
technique.
The reader wants to know that the data was collected or
generated in a way that is consistent with accepted practice in the
field of study.
For example, if you are using a multiple choice questionnaire,
readers need to know that it offered your respondents a reasonable
range of answers to choose from.

Dr. Kavitha Chalakkal 9

Types of research approaches
▪ Qualitative research
▫ Framed in terms of using words, open-ended questions,
▫ Collecting qualitative data through observing a setting
▪ Quantitative research
▫ Framed in terms of using numbers, close-ended questions,
▫ Collecting data quantitatively on instruments
▪ Mixed method
▪ Not rigid or compartmentalized; the methodology is up to the
researcher and the subject matter researched.
Dr. Kavitha Chalakkal 10
Qualitative Approach

▪ Dominant in the later half of 20th century;

▪ An approach for exploring and understanding the meaning individuals
or groups ascribe to a social or human problem;
▪ Involves emerging questions and procedures, data typically collected
in the participant’s setting, data analysis inductively building from
particulars to general themes, and the researcher making
interpretations of the meaning of the data;
▪ Uses particular case studies of small and focused samples.
Dr. Kavitha Chalakkal 11
Qualitative Approach (Contd/-)

▪ Through- Observation, Questionnaires, written materials ,

interviews and sampling;
▪ Final written report has a flexible structure;
▪ This form of inquiry support a way of looking at research
that honors an inductive style, a focus on individual
meaning, and the importance of rendering the complexity of
a situation.

Dr. Kavitha Chalakkal 12

Quantitative Approach

▪ Dominated in late 19th up until mid 20th century;

▪ An approach for testing objective theories by examining the
relationship among variables.
▪ These variables, can be measured, typically on instruments, so that
numbered data can be analyzed using statistical procedures;
▪ Uses empirically observed data and the used mathematical and
statistical methods to interpret the said data;
▪ Methods- Surveys, Lab experiments, mathematical modeling, etc.
Dr. Kavitha Chalakkal 13
▪ Final written report has a set structure consisting of
introduction, literature and theory, methods, results, and
discussion;
▪ Those who engage in this form of inquiry have assumptions
about testing theories deductively, building in protections
against bias, controlling for alternative explanations and being
able to generalize and replicate the findings.

Dr. Kavitha Chalakkal 14

Qualitative or Quantitative
Sample size Quantitative-Large
Qualitative- Small

Reasons for the data collection Quantitative -Broad overview, large number of
participants;
Qualitative - intricate analysis of a concept;

Style of data collection Quantitative - surveys or experiments;

Qualitative – interviews, observation & discussions

Research Goal Quantitative- to propose a theory or a course of action

Qualitative – to investigate and describe various aspect

Dr. Kavitha Chalakkal 15

Mixed methods

▪ An approach to inquiry involving collecting both quantitative and

qualitative data, integrating the two forms of data, and using distinct
designs that may involve philosophical assumptions and theoretical
frameworks.
▪ The core assumption of this form of inquiry is that the combination
of qualitative and quantitative approaches provides a more
complete understanding of a research problem than either approach
alone.
▪ These definitions have considerable information in each one of
Dr. Kavitha Chalakkal 16
them.
Doctrinal Research
▪ Research can be doctrinal or non-doctrinal.
▪ In doctrinal research, the study of the scholar revolves around the
legal propositions, appellate court reports and other conventional
material accessible in a law library and conclusions are drawn.
▪ However, legal research should not be confined strictly to statutes
and decisions of courts but must explore the interface areas between
law and other disciplines.

Dr. Kavitha Chalakkal

17
Non-doctrinal research

▪ Non-doctrinal research lays lesser emphasis on doctrines

and seeks to answer broader and more numerous questions.
▪ By using research perspectives, research designs and
conceptual framework, an attempt is made to continuously
audit the extent to which legal processes in fact serve the
needs of the community that aspires to be democratic.

Dr. Kavitha Chalakkal 18

Legal research

▪ In legal research, the legal aspect should remain primary and

never become subordinate to non-legal aspects.
▪ The research is designed primarily to obtain knowledge to
assess the impact of legal processes upon community life and
not for using it in teaching or practicing law.

Dr. Kavitha Chalakkal

19
Legal research contd/…
▪ The legal researchers should initially select and isolate from the
general phenomenon, the particular aspect which is the primary and
essential concern of enquiry.
▪ This would help in specifying the area of inquiry and limiting it to
manageable, realistic and logical proportions.
▪ Since law touches everything, the scope of legal research is
coextensive with all human knowledge.
▪ A balance has to be struck between demands of exhaustiveness and
the limitation of time and space. Dr. Kavitha Chalakkal 20
Legal research
▪ As law is an instrument of social engineering, the sociology of law
investigates and reveals through empirical data the following aspects:
▫ How law and legal institutions affect human attitudes and what
impact they create on society?
▫ Are laws and legal institutions serving the needs of the society?
▫ Are they suited to the society in which they are operating?
▫ What factors influence the decisions of adjudicators?
▫ Are the laws properly administered and enforced?

Dr. Kavitha Chalakkal 21

Descriptive Legal Research
▪ A research method that describes the characteristics of the population or
phenomenon that is being studied.;
▪ Focuses more on the “what” of the research subject rather than the “why” of
the research subject.
▪ For example, a researcher who wants to understand the crime trends in Kerala
will conduct a demographic survey of this region, gather population data and
then conduct descriptive research on this demographic segment.
▪ The research will give details as to “what is the crime pattern of Kerala?”, but
not cover any investigative details on “why” the patterns exits.
Dr. Kavitha Chalakkal 22
Philosophical Worldviews/paradigm/epistemology

▪ Remain largely hidden in research;

▪ Still influence the practice of research and need to be identified;
▪ An explicit on the ideas they espouse in their proposal or plan will
help to explain why they chose qualitative, quantitative, or mixed
methods approaches for their research;
▪ Should address: Theoretical/philosophical view; definition of the
basic ideas; how it has impacted your research.

Dr. Kavitha Chalakkal 23

Philosophical world Designs
views/epistemology
Quantitative (eg: Experiments)
Positivist Qualitative (eg: Ethnography)
Constructive Research Approaches Mixed Methods (eg: Explanatory
Transformative Sequential)
Pragmatic Qualitative
Quantitative
Mixed Methods

Research Methods

Questions; Data
collection; Data Analysis;
Interpretation
Validation
Framework for research Dr. Kavitha Chalakkal
24
Logic- An Introduction

▪ Efforts to draw conclusions from the data they have and use the data
to show that certain theories are right and others are wrong;
▪ Important to understand when our conclusion is legitimate and
illegitimate from what we already know;
Arguments
▪ Logic is the study of argumentation;
▪ Premises- what we presupposes
Premises Conclusion
▪ Conclusions- what we conclude from premises

Dr. Kavitha Chalakkal 25

Arguments

▪ Valid or Invalid;
▪ Valid Conclusion really follows from the premises,
▪ Whether an argument is valid or invalid has
nothing to do with the validity of the premises;
▪ Even false premises can give a valid argument.
▪ Can be deductive or inductive
Dr. Kavitha Chalakkal 26
Deductive Arguments
▪ Truth of the premise guarantees truth of the conclusion;
▪ It never introduces falsehoods in a way, NO false conclusion;
▪ Valid Deductive argument
▪ Premise:
▫ (i) No medieval king had absolute power over his subjects
▫ (ii) Richard Iof England was a medieval king
▪ Conclusion: So Richard 1of England did not have absolute power over his
subjects
▪ Dr. Kavitha Chalakkal 27
▪ Invalid Deductive Argument:
▪ Premise:
▫ (i) No medieval king had absolute power over his
subjects
▫ (ii) Richard I of England was a great horseman
▪ Conclusion: So Richard I of England did not have
absolute power over his subjects

Dr. Kavitha Chalakkal 28

Inductive Argument

▪ The truth of the premise give good reason to believe the truth of the
conclusion but does not absolutely guarantee its truth;
▪ The truth of the premise makes the conclusion likely but does not
guarantee it;
▪ If we have limited data and we want to draw a conclusions from said
data but the conclusion drawn is only likely not absolutely
▪ Example: None of the crows I have seen is white; there are no white
crows in the world.
Dr. Kavitha Chalakkal 29
2. Finding a research topic and
Literature Review
Aim:
▪ Ascertaining the law on a given subject;
▪ High-lighting the gaps and ambiguities in the law – Systematic
analysis;
▪ Determining consistency and stability of law;
▪ Taking up social auditing of law; (pre-legislative forces and post-
legislative impact of law)
▪ To suggest reforms in law by undertaking research.

Dr. Kavitha Chalakkal 31

A Research Study can:
▪ Replicate an existing study in a different setting or
context;
▪ Explore an area which is not fully researched;
▪ Extend a previous study;
▪ Review the knowledge available in a specific area;
▪ Address a research question in isolation;
▪ Apply a theoretical idea to a real world problem.

Dr. Kavitha Chalakkal 32

Components of Legal Research
▪ Identification and formulation of a research problem or
choosing a research topic and title;
▪ Review of literature;
▪ Formulation of a research question or hypothesis;
▪ Deciding the methodology for conducting the research;
▪ Research design;
▪ Collection, analysis and interpretation of data;
▪ Writing the research report.
Dr. Kavitha Chalakkal 33
Components of Legal Research
▪ Identification and formulation of a research problem or
choosing a research topic and title;
▪ Review of literature;
▪ Formulation of a research question or hypothesis;
▪ Deciding the methodology for conducting the research;
▪ Research design;
▪ Collection, analysis and interpretation of data;
▪ Writing the research report.
Dr. Kavitha Chalakkal 34
How to choose research topic?
▪ Identify an area of general interest from your areas of
specialization;
▪ Select an area or subject-matter of special interest that you
would like to inquire into from the area of general interest;
▪ Do a lot of reading on the aspect identified for further
understanding of the scope of the area selected;
▪ Phrase the aspect selected for research as an intelligent and
precise proposition, which signifies the focus of inquiry as well
as its direction.
Dr. Kavitha Chalakkal 35
How to choose a research topic?
▪ Talk to others.
▪ Look at other writings.
▪ Look through the previous dissertations, research papers,
projects etc., on the topic.
▪ Think about your own interest.
▪ Topic which has not been included in the syllabus but related to
the syllabus can also be considered.
▪ Anything in your course which you think needs further study
can be selected for research.
Dr. Kavitha Chalakkal 36
Good research topic:
▪ Relevance to law and jurisprudence– Topic is currently being
discussed widely by legal professionals in the field and is
germane.
▪ Innovative – The research should have some element of
novelty and originality;
▪ Controversy or dispute –Topic lends itself easily to debate or
can be argued from a pro and con perspective.
▪ Verifiability – Topic has to be verifiable.
▪ Focus – Topic should neither be too broad to be manageable
nor too narrow to be successful.
Dr. Kavitha Chalakkal 37
Is it a good topic?
▪ If you can locate enough material, you have chosen your topic
well.
▪ If you find too much material, you must focus and narrow more.
▪ If you are not finding enough material, your topic may be too
narrow or there is not much information on the topic. Once
topic is identified, ask the following questions;
▫ Does this topic have explorable issues?
▫ What questions still need to be answered on this topic?
▫ Is there sufficient literature which justifies further research
on the topic?
Dr. Kavitha Chalakkal
38
Choosing a title:
▪ Most important element that defines the research study.
▪ A good title should provide information about the focus and scope of
study.
▪ Title should not be too long or too short.
▪ Words and phrases that do not help the reader to understand the
purpose of the study should be avoided.
▪ Abbreviations and acronyms should be avoided.
▪ A title could be in the form of a question or a declarative statement.
▪ Subtitle can be used where it explains or provides additional context.
Dr. Kavitha Chalakkal
39
Literature review
▪ A literature review is a survey of scholarly sources on a specific topic. It
provides an overview of current knowledge, allowing you to identify
relevant theories, methods, and gaps in the existing research.
▪ Writing a literature review involves finding relevant publications (such as
books and journal articles), critically analyzing them, and explaining what
you found. There are five key steps:
▫ Search for relevant literature
▫ Evaluate sources
▫ Identify themes, debates and gaps
▫ Outline the structure
▫ Write your literature review
Dr. Kavitha Chalakkal 40
Literature Review
▪ It is not just a list of references with a short description of each
one.
▪ It has to be an interpretation and synthesis of the published
work available on the topic.
▪ It places your research in the context of the subject.
▪ It reports your critical review of the relevant literature.
▪ It identifies the theoretical and conceptual issues raised with
or without suggesting solutions.
▪ It also identifies the gaps within that literature that your
research will attempt to address.
Dr. Kavitha Chalakkal
41
Literature Review
▪ When you write a thesis, dissertation, or research paper, you
will have to conduct a literature review to situate your
research within existing knowledge. The literature review
gives you a chance to:
▫ Demonstrate your familiarity with the topic and scholarly
context
▫ Develop a theoretical framework and methodology for your
research
▫ Position yourself in relation to other researchers and
theorists
▫ Show how your research addresses a gap or contributes to a
debate
Dr. Kavitha Chalakkal 42
Literature Review
▪ Literature review answers the following questions:
▫ What research questions are you asking?
▫ Why are you asking them?
▫ Has anyone else done anything similar?
▫ Is your research relevant to your field?
▫ What is already known or understood about the topic?
▫ How might your research add to this understanding or
challenge the existing theories and beliefs?.

Dr. Kavitha Chalakkal 43

What to look in literature review?
▪ Trends and patterns (in theory, method or results): do certain
approaches become more or less popular over time?
▪ Themes: what questions or concepts recur across the
literature?
▪ Debates, conflicts and contradictions: where do sources
disagree?
▪ Pivotal publications: are there any influential theories or
studies that changed the direction of the field?
▪ Gaps: what is missing from the literature? Are there
weaknesses that need to be addressed?
Dr. Kavitha Chalakkal 44
When to review literature?
▪ An early review, i.e., review at the beginning of the
research establishes the context and rationale of your
study.
▪ When the study period gets longer, literature review is
taken up to keep in touch with the current relevant
research in the area.
▪ When the final report is prepared, literature review is
done in order to relate the findings of the study with the
findings of others.
Dr. Kavitha Chalakkal 45
Preliminary points
▪ A clearly defined topic;
▪ For writing the literature review section of a dissertation or
research paper, search for literature related to your research
problem and questions.
▪ Create a list of keywords related to your research question
including key concepts or variables you’re to search on;
▪ Make sure the sources you use are credible, and make sure you
read any landmark studies and major theories in your field of
research: For example, how a concept has changed in meaning
over time?
Dr. Kavitha Chalakkal 46
For each publication, ask?
▪ What question or problem is the author addressing?
▪ What are the key concepts and how are they defined?
▪ What are the key theories, models and methods? Does the research
use established frameworks or take an innovative approach?
▪ What are the results and conclusions of the study?
▪ How does the publication relate to other literature in the field? Does
it confirm, add to, or challenge established knowledge?
▪ How does the publication contribute to your understanding of the
topic? What are its key insights and arguments?
▪ What are the strengths and weaknesses of the research?
Dr. Kavitha Chalakkal 47
While reviewing:
▪ Take notes that can be incorporated t your literature review,
▪ Strictly keep the sources and citations to avoid plagiarism,
▪ Make an annotated bibliography where you compile full citation
information and write a paragraph of summary and analysis for
each source;

Dr. Kavitha Chalakkal 48

Writing a hypothesis

▪ A hypothesis is a statement that can be tested by scientific

research; you may prove or disprove your hypothesis;
▪ Hypotheses propose a relationship between two or
more variables;
▪ If the research test a relationship between two or more
things, you need to write hypotheses before you start
your experiment or data collection;

Dr. Kavitha Chalakkal 49

▪ How to Formulate an Effective Research Hypothesis?
▪ A testable hypothesis is not a simple statement. It is an intricate
statement that needs to offer a clear introduction to a scientific
experiment, its intentions, and the possible outcomes.
▫ State the problem that you are trying to solve.
▫ Make sure that the hypothesis clearly defines the topic and the
focus of the experiment.
▫ Try to write the hypothesis as an if-then statement.
▫ Example: If a specific action is taken, then a certain outcome is
expected.

Dr. Kavitha Chalakkal 50

▪ Define the variables
▪ In scientific experiments, a hypothesis proposes and examines the
relationship between an independent variable and a dependent
variable.
▪ The effect on the dependent variable (the idea being tested)
depends on or is determined by what happens when you change the
independent variable (the factor being changed).
▪ Example: The greater number of coal plants in a region (independent
variable) increases water pollution (dependent variable). If you
change the independent variable (building more coal factories), it
will change the dependent variable (amount of water pollution).
Dr. Kavitha Chalakkal 51
Types of hypotheses

▪ Simple Hypothesis: A simple hypothesis predicts the relationship

between two variables: the independent variable and the
dependent variable:
▫ Drinking carbonated drinks daily leads to obesity.
▫ Consuming tobacco leads to different types of cancer.
▫ Getting eight hours of sleep can lead to more alert students.

Dr. Kavitha Chalakkal 52

Complex Hypothesis:
▪ A complex hypothesis has a relationship between variables.
However, it’s a relationship between two or more independent
variables and two or more dependent variables.
▫ Overweight adults who 1) value longevity and 2) seek happiness
are more likely than other adults to 1) lose their excess weight
and 2) feel a more regular sense of joy.
▫ Individuals that 1) smoke cigarettes and 2) live in cities are more
likely than others to have 1) respiratory problems and 2)
increased cancer.
Dr. Kavitha Chalakkal 53
Null Hypothesis:
▪ A null hypothesis exists when a researcher believes there is no
relationship between the two variables or a lack of information to
state a scientific hypothesis. This is something to attempt to
disprove or discredit.
▫ There is no significant change in my health during the times
when I drink green tea only or root beer only.
▫ There is no significant change in my work habits when I get 8 and
when I get 9 hours of sleep.
▫ There is no significant change in the growth of a plant if I use
distilled water only or vitamin-rich water. Dr. Kavitha Chalakkal 54
Alternative Hypothesis:
▪ This is where the alternative hypothesis (H1) enters the scene. In an
attempt to disprove a null hypothesis, researchers will seek to
discover an alternative hypothesis.
▫ My health improves during the times when I drink green tea
only, as opposed to root beer only.
▫ My work habits improve during the times when I get 8 hours of
sleep only, as opposed to 9 hours of sleep only.
▫ The growth of the plant improved during the times when I use
vitamin-rich water only, as opposed to distilled water only.
Dr. Kavitha Chalakkal 55
Logical Hypothesis
▪ A logical hypothesis is a proposed explanation possessing limited
evidence. Generally, you want to turn a logical hypothesis into an
empirical hypothesis, putting your theories or postulations to the test.
▫ Cacti experience more successful growth rates than tulips on Mars.
(Until we're able to test plant growth in Mars' ground for an extended
period of time, the evidence for this claim will be limited and the
hypothesis will only remain logical.)
▫ Creatures found in the bottom of the ocean use aerobic respiration
rather than anaerobic respiration.

Dr. Kavitha Chalakkal 56

Empirical Hypothesis

▪ An empirical hypothesis, or working hypothesis, comes to life when a

theory is being put to the test, using observation and experiment. It's
no longer just an idea or notion. It's going through some trial and error
and perhaps changing around those independent variables.
▫ Roses watered with liquid Vitamin B grow faster than roses
watered with liquid Vitamin E. (Here, trial and error is leading to a
series of findings.)
▫ Women taking vitamin E grow hair faster than those taking
vitamin K.
Dr. Kavitha Chalakkal 57
Statistical Hypothesis

▪ A statistical hypothesis is an examination of a portion of a population or

statistical model. In this type of analysis, you use statistical information
from an area. For example, if you wanted to conduct a study on the life
expectancy of Indians, you would want to examine every single resident of
India. This is not practical. Therefore, you would conduct your research
using a statistical hypothesis or a sample of the Indian population.
▪ 50% of the Indian population lives beyond the age of 70.
▪ 20% of the Indian population get a divorce because of irreconcilable
differences.
▪ 45% of the poor in India are illiterate. Dr. Kavitha Chalakkal 58
Ethical and Responsible researcher

▪ Acknowledging the sources- referencing and

footnoting with pinpoint;
▪ Confidentiality and the responsibility of the
data collected and interviews taken;
▪ Use similarity checking softwares.

Dr. Kavitha Chalakkal 59

References

▪ “Instructions for authors, Tips for PhD students & Postdocs: How to Develop a Good Research
Hypothesis” available at: https://www.enago.com/academy/how-to-develop-a-good-
research-hypothesis/
▪ “How to write a hypothesis” available at: https://www.scribbr.com/research-
process/hypotheses/
▪ Research Design: Qualitative, Quantitative, and Mixed Methods Approaches, 4th
Edition, by John W. Creswell;
▪ Qualitative Research: A Guide to Design and Implementation 4th Edition, by Sharan B.
Merriam (Author), Elizabeth J. Tisdell;
▪ The Craft of Research, Third Edition, by Wayne C. Booth (Author), Gregory G. Colomb
(Author), Joseph M. Williams (Author)
Dr. Kavitha Chalakkal 60
Thank you

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