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Research Methodology Text

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Research Text Book

Research Methodology Text

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CHAPTER TWO NATURE OF RESEARCH AND LEGAL RESEARCH 24 The Origin and Meaning of Research ,. ' Etymologically, research is derived from a French word rechercher, meaning to search closely or to look for closely.' This means that research involves meticulous ' and careful look at something with the aim of critically analyzing such a thing for the purpose of reaching or arriving at an informed decision onit. Vibhute and Aynalem’, quoting from five different sources, extensively state the following with respect to the meaning of research: The term ‘research’ has received a number of varied meanings and explanations. In its ordinary sense, the term refers to search for knowledge. The Advanced Learner's Dictionary of Current English spells out the meaning of ‘research’ as ‘a careful investigation or inquiry specifically through search for new facts in any branch of knowledge. ‘Redman and Mory, in a similar tone, define research as a ‘systematized effort to gain new knowledge.’ According to Webster's International Dictionary, ‘research’ is ‘a careful, critical inquiry or explanation in seeking facts or principles; diligent investigation in order to ascertain something,’ (sic)While MWebster Dictionary explains the term ‘research’ to mean a ‘systematic investigation towards increasing the sum of knowledge.’ D Slesinger and M Stephenson perceived the term ‘research’ as ‘the manipulation of things, concepts, or symbols for the purpose of generalizing to extend, correct or verify knowledge, whether that knowledge aids in construction of theory or in practice of an art. Research is a systematic investigation towards increasing the sum of. human knowledge and as a process of identifying and investigating a fact, or a problem ee . 1 Joyce Thomas Athol, Encyclopedia Britannica (11th edn; Cambridge University Press 1911). See 00 Research’ in accessed 19 August 2016. ibhute and F Aynalem, Legal Research Methods Teaching Material, prepared under the 4 with a view to acquiring an insight into it or finding an apt solution therefor, The 1911 edition of the Encyclopedia Britannica defines research as: The act of searching into a matter closely and carefully, inquiry directed to the discovery-of truth and in particular trained scientific investigation of the principles and facts of any subject, based on original and first hand study of authorities or experiment. Investigation of every kind which has been based on original sources of knowledge may be styled research and it may be said that without research, no authoritative works have been written, no scientific discoveries or inventions made, no theories of any value propounded.’ ‘A research could also be completely novel, especially in the sciences. Cures to a myriad of illnesses have been discovered by scientists over the years, including the composition of the human body — Deoxyribonucleic Acid (DNA). Research could thus be revolutionary and ground breaking. In law, highly acclaimed books on different aspects of law have been written, laced with recent judicial decisions just as some publications have impelled the need to introduce newer courses in the universities, Ground breaking research works have been conducted by students and staff in long essays, dissertations and theses. From a jambalaya of authors*, the learned authors Umahi and Akpogheme, in their work®, collated their views on research in the quotatio w.research is a systematic search or scientific investigation or diligent and systematic inquiry or investigation into a factual or theoretical subject in order to discover or revise facts, theories and applications. Research is a systematic investigation that involves standardized procedures in search of knowledge. Every researcher must bear in mind that research involves “planning, investigation, observation and analyzing factual data or theoretical concepts with a degree of originality, creative ability and power”. * Ibid. “'D Slesinger and M Stephenson, Encyclopedia of Social Science (IX Macmillan 1930) |. SLeedy Paul, Practical Research: Planning and Design (3rd edn, Macmillan Publications Company Inc 1980) 3; LA Ayua ‘Legal Research and Development’ in LA Ayua and DA Guobadia (eds) Law and Research Methodology (NIALS 2011) 1-12; Andy Gillet, Angelle Hammond and Mary Mirtala, Successfiv Academic Writing (Pearson Longman 2009) 3; SH Amin, Research Methods in Law{Royston Publishers 1992) 11; A Taiwo, Basic Concepts in Legal Research MethodologhSt Paul's Publishing House 2011). 5 Interestingly, learned authors exhibited Gillet’s works on what it entails to engag , in academic writing, Academic writing entails: ae a. showing an understanding and knowledge or theory, b. demonstrating an awareness of what has been written or said about the subject. taking into consideration different Points of view, using reason to make ajudgment. coming to your own conclusions, using your own voice,’ meeo Research is the systematic investigation into, order to establish facts and reach new conclusions. Research is also ‘a careful study of a given subject, field or problem, undertaken to discover facts or principles; an act or Period of such study to engage in or perform research’.” and study of materials and sources in Research is an organized and systematic way of finding answers to questions", In research, therefore, questions are answered at the end. This is the rationale for making observations or summary of findings at the end of the research, If the answers (o the questions are already known, a candidate may not be said to have engaged or be engaging in a research. The following is stated of research by the linguistics dictionary; : Systematic because there is a definite set of procedures and steps which you will follow. There are certain things in research process which are always done in order to get the most accurate results, Organized in that there is a structure or method in going about doing rescarch. It is a planned procedure not a spontaneous one, It is focused and limited to a specific scope, Finding answers is the end of all research, Whether it is the answer to a hypothesis or even a simple question, research is successful when we find answers. Sometimes the answer is no, but it is still an answer, Questions are central to research, If there is no question, then the answer is of no use, Research is focused on relevant, useful, and important questions. Without a question, research has no focus, drive or purpose." a PP Ibid. {'Research’< www.oxforddictionaties.com> accessed 19 August 2016. {:Rescarch’, accessed 19 August 2016. 6 \ 1 work at the University of Idaho, USA, noted that the word ‘Tesearchy i A recent ‘be a number of similar and often overlapping activities MVOlving » ae iafoatl, with essential characteristics as: a search for individuay facts or data, a report or review, gathering and Ne 7 body of information data and extracting new meaning from it or developing unique solutions é n problems or cases. From the above definitions, it is clear that research has to do with careful Search op organized study or investigation into a particular subject, be it law, science, economy, society or other humanities, especially with a view to discovering ney, facts or establishing or revising theory based on the facts. Generally, society is dynamic; the wind of change is blowing all over the worl The Greek Philosopher Heraclitus"? postulated that ‘everything flows and nothing remains’. He maintained that everything in nature is in a state of constant change, ‘The Latin maxim puts it as: femporamutantur, nosetmutamur in illis, meaning ‘the times change, we also must change with the times.’ Taking cognizance of the fact that change is the only constant thing in life, research is a continuous process, |n Rajkumari Agrawala’s'* words, ‘research is a continuum’. According to him, ‘research is the gathering of evidence or information for ascertaining an assumption or verifying some hypothesis,...an inquiry for verification of fresh iheory or for supplementing prevailing theories by new knowledge’.'> He further remarked that ‘like rivers, acquired human knowledge does not flow backwards. It is not open to any individual or generation to proclaim self disinheritance from already acquired knowledge.”!® This means that research is always an improvement on knowledge already acquired. Therefore, a rescarcher must always make reference to previous knowledge for the purpose of researching and improving knowledge. It is imperative to note that the word ‘legal’ is merely an adjective used to qualify or identify'the nature of the research. Legal research has been defined as: "University of Idaho, ‘Definition of Research’ According to Vibhute, the purpose of research is to acquire knowledge or to know about something in a scientific and systematic way.* Learned author stated thet the objectives of research are: ® This statement was made by King George III of Great Britain and ireland (1762) accessed 4 June 2016. MAkhimieAkhihiero, The Face of Legal Research in the 2!" Century (Being a paper presented in the Law Seminar held at the Conference Fall of the Edo Ministry of Justice, on the 27 June 200 9 1. To gain familiarity with a phenomenon or to achieve new insights into it, 2. To portray accurately the characteristics of a particular individual, situation or a group. 3. To determine the frequency with which something occurs or with which it associated, 4, To test causal between two or more than two facts or situations, 5, To ‘know’ and ‘understand’ a phenomenon with a view to formulating the problem precisely. 6, To ‘describe’ accurately a given phenomenon and to test hypotheses about relationship among different dimensions.” A research without goal(s) is rudderless and banal. This is the rationale for incorporation into the new citation guides by“the Nigerian Association of Law Teachers (NALT) of the sub-head, usually in Chapter one ‘significance of the Study’ or ‘Justification for the Study’. Unless the research is determined to achieve certain goals and invariably benefit individuals, government agencies, institutions or the legislature and impact on law reform, it is Worthless. Several reasons motivate a scholar to undertake research. It could be that the scholar is curious to know more about a thing and decides to undertake a systematic study of that something. It could be that the scholar has a quest for knowing about or acquiring knowledge of something, as a result of which he feels motivated to undertake research of that thing. Other factors may also motivate a researcher to undertake research, They are: 1, Desire to earn a research degree along with its consequential benefits; 2. His concern for hitherto unresolved or unexplored problem and his keen desire to seek solution therefor, and be a proud recipient of that contribution; 3. Desire to acquire reputation and acclaim from his fellow men; 4. Desire to derive intellectual joy and satisfaction doing some creative work; and 5. Desire to render some service to the society,” 2.3: Subject Matter of Legal Research ‘This sub topic addresses the question: On what can legal research be done? The answer is simple. Legal research can be done on quite a number of subjects. For the purpose of clarity, some of the subjects on:which legal research can be done are: (1) human beings (2) society and (3) legal relations, Indeed, there is a blizzard of areas or things that research can be conducted into as Gasiokwu noted in his Magnum Opus. Dissertations have been written, in some universities, on the legal exploits of notable legal icons such as: The late Gani Fawehinmi and the late FRA vO 10 Williams. In the present epoch, the legal exploits of other lawyers are legend, and students and researchers may engage in legal research on them, Researe| ay be conducted on certain aspects of society. Research could be conducteg lay Democracy in Nigeria (1999-2016), Corruption and Corrupt Practices in the Fact Republic. Research could also be conducted on the plethora of laws OF Pieces of legislation on a gamut of issues: The Economic and Financial Crimes Commissig, Act, Laws of the Federation of Nigeria, 2004; the Central Bank Act, 2007 Violence against Persons Act, 2015; and Cyber Crimes Act, 2015. 3 Quite recently, a research can also be done on plant and animal subjects, Por example, a researcher can conduct research on the legal implications of genetical] modified organisms (GMO) products — plant or animal. Obviously, this wil] entail the use of plant and animal subjects. 2.4: Benefits of Legal research A lawyer who is engaged in legal research stands to gain several benefits. For the purpose of this work, the rewards or benefits are divided into three: educationa| benefits, professional benefits and personal benefits. a. Educational benefits include working with a faculty mentor, especially for those engaged in academic research; learning about issues, methods, and scholars in law; applying concepts from law courses to real life situations; and sharpening problem-solving skills in law. b. Professional benefits include exploring potential fields of specialization in law; enhancing lawyers’ professional skills; learning new techniques and skills in law; preparing for post graduate programme or professional school; and networking with other people who share the researcher’s interests. i c. Personal benefits of legal research include growing as a critical thinker; building confidence and the ability to work independently and enhancing awareness of ethical legal issues, Personal benelits invariably include financial benefits. Author may have the benefit of having his work sold or royalties paid for it by the publishers, etc.*” ® J Nap and others, ‘The Release of Genetically Modified Crops in the Environment’ she Plant Journal (2003) (33) (1) 1-18< http:/onlinelibrary.wiley,com/doi/10.1046/j.0960- 9419 Sit OIEND EMI, eae an ee ee see 25: Research Methods And Methodology s i Metieg ul procedure for accomplishing or approaching something, cially a systematic or established one.” This is a technique or plan of doing oretking. It is a practice or routine or modus operandi or strategies used in the selection of data or evidence for analysis. There are different types of research methods. Some writers claimed that there are four main types of research methods of collection of data. These include observational, experimental, simulation and derived” In other cases, the methods could be exploratory, descriptive and casual® These apply to other disciplines, substantially. In Law, the method of research is essentially doctrinal, also called Black letter methodology. This focuses on the letter of the Law, rather than the Law” in action. Rules are analysed. Legislation, regulations and statutes are x-rayed and examined or appraised or evaluated. Methods fall essentially under categories of research. In the modern era, the method of research can also be non-doctrinal; that is, empirical or statistical. The law operates in a society. It is generally advisable not to completely engage in research predicated on non-doctrinal approach, but to combine the two for theoretical foundation. 2.5.2: Methodology Methodology has been defined by various authors and dictionaries. According to the Merriam-Webster Dictionary, methodology is a body of methods, rules and postulates cmployed by a discipline; a particular set of procedures.** All the processes employed in a research work done is methodology." Methodology chapter explains what you did and how you did it, allowing readers to evaluate the reliability and validity of the research and it includes the type of research you did, how you collected your data, how you analysed your data, any tools or materials you used in the research, your rationale for choosing these methods.”” It is stated by others that it should be written in past tense. 28 It is thus required that in methodology, there is the need to explain the methodological approach, describe Sietypes of research data” hitps:/ibguidesmacalester.edu accessed on 29/10/2021, Rothe 3 types of survey research and when to use them” hitpsi//www.surveymonkey.com, accessed on 29/10/2021, * Thid 41 egal Dissertation: Research and Writing Guide” hittps://lawindiana.libguides.com; accessed on 29/10/2021. See also Law Research Methodology LEGAL RESEARCH hitps/epen infilbnet.acin, decessed on 29/10/2021. : 1 Definition of Methodology” hiips//www.mermauwebster com, accessed on 29/10/2021 How to write a Research Methodology in Four Steps”, https:/vww.scribbr.com dissertation, feened on 29/10/2021. 12 your methods of data collection (quantitative methods, Survey, experimen existing data, quantitative method, interviews of focus groups, Participant of analysis and evaluate and justify yoy i observation), describe your method methodological choices.? Methodology is organic whole. 13 CHAPTER THREE TYPES OF LEGAL RESEARCH Legal research can be divided into several types. However, for this purpose, four dypes of legal research shall be examined. They include: (A) Comparative Research (B) Historical Research (C) Analytical Research and (D) Statistical 40 Research. ‘A. Comparative Research The concept of comparative research is most commonly referred to as comparative law-linguistically imprecise term (nevertheless most widespread one). In this type of research, the researcher may choose to carry out comparative studies on any of the following: . | a. Comparison of foreign systems with the domestic system in order to ascertain similarities and differences; b. Studies which analyse objectively and systematically solutions which ‘ various systems offer for a given legal problem; c. Studies which investigate the causal relationship between different systems of law; d. Studies which compare the several stages of various legal systems; and e. Studies which attempt to discover or examine legal evolution generally to periods and systems." It is important to state here that comparative research method necessitates comparative approach to the study of the laws of different countries and other legal phenomena. However, a researcher who engages in comparative research may encounter some problems. They are: (1) the choice of materials for consultation, which are not easily available in a convenient form at one place, (2) Even where they are available, they may not be of uniform standard and their range, accuracy and reliability cannot always be safely accessed and (3) doctored and unreliable source materials may bring about confusion in the course of research. In order to address these problems, a researcher engaged in comparative study is enjoined to give his time to ‘checking and cross-checking the sources of foreign law under study. Two or more may be checked with a primary source.’ Checking 14 becomes very important especially when the sources are in languages alien toy researcher.” he It is axiomatic that in modem research, researchers are encouraged to engage : comparative studies, For researchers, especially in developing countries, withie ' systems that lag behind more developed societies, an exeursion into such Societ can be extremely beneficial and revealing. A comparative study of insanity % Nigeria and mental impairment in the US could be carried out. A compara, siudy on defence of provocation in Nigeria and Australia could be done, yo” defences to criminal liability in Nigeria and under the International Criminal Coun Statute could be carried out. Given the age of Nigerian Laws, some dating back to 100 years, a Substantial number of principles and punishments have become obsolete, anachronistic or archaic. The need for comparison to breathe new life into the body of Nigerian Legal System cannot be over-emphasized. The Criminal Code, for example, which is over 100 years, provides for fines of N1.00, N5.00, ete. N1.00 and NS5.00 in Nigeria, with the societal vicissitude are no longer of any real value. The need ig update the fines and punishments are necessary. Comparative studies, even by non-students, but distinguished legal practitioners engaged by government in drafting laws, ‘have benefitted the county tremendously. The Cyber Crimes Act, the National Health Insurance Scheme Act, the Violence Against Persons Act, 2015 are tips of the ice berg of legislation that comparative research has impacted. That comparative research can assist the researcher in the recommendation is a truism. B. Historical Research Historical research is the process of systematically examining past events to give an account of what has happened in the past. A lawyer engages in historical research to describe legal enactments, statutes or institutions in their unique historieal perspectives. It is often said that those who do not remember the past ait condemned to repeat it. Generally, historical research is conducted for the following reasons: 1. To uncover unknown (i.e., some historical events) that are not recorded 2. To answer questions (i.c., there are many questions about our past we not only want to know, but can profit from knowing); 15 3, To identify relationships that the past has to the present about the past can frequently give a better Perspecti events); t 4. To record and evaluate the accomplishments of i or institutions; and 5. To assist in understanding the culture in which we live part of our history and culture)."3 (ic, knowing ive of current individuals, ‘agencies, (education is a A lawyer usually engages in historical research for the Purpose of inquiring into previous law in order to understand the reason behind the existing law and the course of its evolution. It is unarguable that the past always explains the present in the most vivid way." *Historical research would show why a particular law was made at a particular time and why it is no longer valid in the present. For example, a law that was made during the Transatlantic Slave Trade Era will no longer be valid in the present because there is no longer anything like slave trade. Historical research is most relevant in giving an account of situations such as the above example. It should be noted that the major problem bedeviling this type of research is the difficulty in obtaining accurate and detailed records one wishes to examine.“*Historical research is not only limited to pure law. The researcher has a duty to direct his searchlight outside the bounds of law. It is, thus, important that the long, past trajectory of certain laws could impact on the present. A research could combine comparative and even historical aspects of a given topic. In such a case, the history of a particular law in another country could be extremely relevant. Indeed, the current calls for self-determination action from several quarters in Nigeria are a throwback to similar agitations in the past. The consequences then may still be relevant for the present, This is also true of the consequences of rigging of clections or manipulation of votes in the 1960s. Researches have been conducted by the legislature on some bills in the past and the reasons why they failed, preparatory to presentation of better bills to the legislature, Historical research, even though historical, must be fastidious and pedantic. In other words, it must still be analytical. The element of analysis, especially in Hie ° “Why would a Person want to Conduet Historical Research’ Ltps:/Iprezi com/m/08y7xo_6k9Swhistorical-rescarch-rescarch accessed 9 January 2017. t 16 i i analysi doctrinal research, is special. Research without ysis dovngrady Tetrogresses the quality of research to stories. C. Analytical Research ; _ Arelitca research aims primarily at exploring the existing law.’6 4 Tes who has decided to undertake analytical research must ensure that he uses available facts or information, and analyses them in order to make cit evaluation. So many areas could be subjects of analytical Tesearch for 9 la For instance, a lawyer may embark on research on subjects Such as the ie Constitution’”, Administration of Criminal Justice Act”, landmark judgme courts, law of evidence (electric evidence), contract, criminal law, procedure and civil law, amongst others. For a researcher to undertake this type of research, he must have the knowledge of the entire framework of the laws of the country, This will help him to Mt on analyse well, but also to arrive at acceptable conclusions. hey are Nts of + criming On a general note, an analytical researcher has to hunt for the relevant statu laws (primary sources) and the secondary sources for the purpose of analysis reasoning, drawing conclusions and making useful suggestions to Contribute tg knowledge and to help the society, oy In analytical research, analysis is done on an aspect of law, to determine ‘What the present position is on a particular given subject matter. This involyes painstakin, reading of books, pieces of legislation or law reports. The issue at stake could the present position of wra vires acts of companies under Nigerian law ¢ forfeiture of assets in plea bargain in the Federal Capital Territory, Abus Multinational or transnational corporations, governments or individuals have pai out millions of dollars to astute legal practitioners for opinions on certain issue This could be on the slippery and controversial topic of ‘Immunity of Publi Officers Under the Constitution’, given the often diverse interpretations by legt practitioners and Nigerians on the topic. “Gasiokwu (n 19) 6. “ For example, a law scholar may choose to analyse the propriety or otherwise of Section 39! the Constitution which gives immunity to the President, the Vice President, Governors end Govemors against both civil and criminal actions or proceedings during the pendency of tenure of office, He may raise a question such as: since the immunity is in favour of the ces Persons stated in the said section, it will mean that they too cannot sue when they are in offise Under the Administration of Criminal Justice Act, 2015, there is no stay of proceeding aye Oe eee TNEIGL eUSLICE 7 tatistical Research . Si i" katt D, om ‘statistical’ is an adjective form of the noun statistics used in this sense The Ww afta i i to qualify the word research. Statistics is the ‘collection of information shown in mumbers’ Therefore, statistical research has to do with the collection and athering of statistics (data) in order to give an idea of the actual workings of the law. What this type of research does is to provide quantitative illustrations of the ‘dynamics of certain processes and to arrange the sets of available data in numerical terms. to further state here that statistical research concerns collection of data, analysis of the data, making of hypothesis on the data collated, drawing conclusions and making recommendations on specific subject matters for the purpose of increasing knowledge and helping the society. It important This type of research usually involves field work, for example, sample survey, opinion polls, interviews, focus group discussions, questionnaires, etc. This type of research, in most cases, is usually undertaken in sciences, social sciences and in the humanities. Traditional legal research has never been at home with statistical research. However, in modern times, lawyers are involved in some form of research wherein the subject matters may be a mix of law and other social sciences. In this case, the research may involve some kind of field work, This explains why a person engaged in this kind of research, in the law profession, is always enjoined to devote one of the chapters in the research work to data presentation and analysis. Statistical research or empirical research is quantitative. Regardless of the dis- interest of lawyers in statistical research, some universities encourage students and researchers to, as a matter of practice, attempt statistical research in the discourse of any topic at all. For such research institutes or institutions, the lack of training of lawyers in the requisite instruments of statistical research, should not be a bar to the conduct of research using statistical research. Such candidates can secure the services of experts in other fields of endeavour, especially in the social sciences for the purpose of accurate data analysis. In any case, it should be stated that research findings based strictly on doctrinal research, especially from the developing world, suffers embarrassing prospect of unbelievability or acceptance. In contrast, findings based on empirical research have been generally, kindly received and acceptable. The need to engage in non-doctrinal research, in addition to doctrinal research, cannot be too often stated in current academic milieu. 9 AS Homby, Oxford Advanced Learner's Dictionary (7th edn, Oxford University Press 1997) 18 research. Hypotheses are testeg F Ind Statistical research is also called empirical ass of research. corroborated. There is ascertainment in this ¢! amount. Mathematical models e re This is expressed in numbers, quantity, and a heses. Empirical methods are oh en usually employed as well as theories and hypot! employed too. In statistical research, quality or value is the centre-piece of the research, | is perceived that needed results can be obtained from qualitative materials, ny necessarily quantitative materials. This genre of research relies on the reason behind various aspects of behaviour.’An Act or series of Acts may form the ingredients for qualitative research and not necessarily the administration of dose, of questionnaires on a given subject. 19 CHAPTER FOUR CATEGORIES OF LEGAL RESEARCH While chapter three deals with types or kinds of research, the present chapter discusses the categories of research. There are basically two categories of or approaches to legal research. They are doctrinal and non-doctrinal legal research. It js important to examine these two categories of research, differently. ‘A. Doctrinal Research Doctrinal research in law indicates arranging, ordering and analyzing of the legal structure, legal framework and case laws to search out the new thing by extensive surveying of legal literature but without any field work.*! This category of research is very important as it solves the legal problem with a new output within a short period of time with fewer expenses by closely examining and analyzing the legal doctrine, legal framework and case laws in a logical, systematic and scientific way.? It is important to state further that doctrinal legal research has had the practical purpose of providing lawyers, judges and others with the tools needed to reach decisions on an immense variety of problems, usually with very limited time at disposal.” In this context, Davies observes: It may be a hundred or several hundred years before we get truly scientific answers to some of the questions I am trying to explore, and we need to make some judgments in the meantime. Some of the most useful thinking can be unscientific, impressionistic, intuitive based on inadequate observation or insufficient data or wild guesses or imagination. Scientific findings are obviously the long term objective, but a good many judgments which fall far short of scientific findings are valuable, respectable and urgently needed.> On the whole, doctrinal legal research is concerned with the formulation of ‘doctrines’ through the analysis of legal rules. Within the common law aa "Alai SK Jahangir, ‘Doctrinal Research in Law’ accessed 16 June 2016. * Ibid. le< ss/dp/0 14080) 20 jurisdictions, legal rules are to be found within statutes and cases, However, itis ‘important to appreciate the fact that the rules cannot, in themselves, Provide g competent statement of the law in any given situation. They. can only b ascertained by applying the relevant rules 0 the particular situation unde, consideration.** Doctrinal research is research as it stands in the books. It entails library Tesearch There are'two categories of source materials in this approach to research: Primary and secondary sources. Primary sources refer to primary materials ~fundamentay sources involving legislation (Acts of the National Assembly, decrees and edicts promulgated by the military, laws, bye-laws of local governments), case lay Conventions, etc. Secondary sources are ‘secondary’ to primary sources and the involve books, biographies of lawyers, auto-biographies, journals, articles, ete, In the University of Jos, adaptation to the NALT Citation Guide,” the following is said of Doctrinal Research: The doctrinal approach is the traditional approach of researching into law as it stands in the constitutions, statutes and in regulations made pursuant to statutes, conventions (or treaties) and other international agreements, case law (i.e. judicial decisions), journals, books and so on. Doctrinal research approach is variously called library-based research, pure theoretical rescarch, legal dogmatics, black letter law research, or “arm-chair” research. It involves the interpretation, descriptive analysis, and systematization of legal norms or doctrine. Here, the legal researcher or practitioner simply addresses or gives commentaries on the philosophical questions underpinning the research, such as the nature or characteristics of the law itself. The researcher does an expository examination of the legal rules from which doctrines are formulated and disseminated. Doctrinal research engages into books (written materials on the subject matter of research). The legal researcher basically looks for available source materials in the subject area of research and examines, appraises, critiques, evaluates, analyzes and uses information thereof as a basis for making recommendations for decision-making, enactment of laws, regulations and rules. This research approach is not based on empirical statistical analysis; hence, it uses qualitative research method often adopted in other “Paul Chynoweth, ‘Legal Rescarch’accessed 16 June 2016. yang (adap 21 ’ fields such as education, the social sciénces, ahd in the medical pharmaceutical and natural sciences. ‘ Doctrinal research is, thus, subjective and usually admits of no external knowledge. The raw materials are extant and all that is necessary is analysis of the Jaw found in the coterie of legal literature available, on the line, in the books and in articles or journals. Doctrinal research approach can further be defined as research into legal doctrines . through analysis of statutory provisions and cases by the application of power of reasoning’”. Sampson, quoting Dobinson and Johns, noted that: .. Doctrinal or pure theoretical or black letter law is research which asked what the law is in a particular area. In this respect therefore the researcher seeks to collect and then analyse a body of case law, together with any relevant legislation (so called primary sources).** Doctrinal research, invariably, has its own constraints, which in the modem era opens it to attacks from all sides. It is said not to be empirical, or lacks depth or not scientific or not lending itself to deep evaluation or examination. The emphasis of doctrinal research is the development of theories and doctrines. No wonder, Chynoweth, in his treatise, is quoted to say that doctrinal legal research, is ‘research in law’, while non-legal research is ‘research about law’. Substantive legal rules, doctrines, ot concepts and judicial decisions thereon, required for doctrinal legal research is law library. Doctrinal legal research is nicknamed as ‘arm-chair research’ or ‘basic or fundamental research’. Doctrinal Legal Research: provides quick answers to the problem as the researcher is continuously engaged in the exposition and analysis of legislation; attempts to test the logical coherence, consistency, and technical soundness of a legal proposition; *"K Vibhute and F Aynalem, Legal Research methods: Teaching Material (Justice and Legal System Research Institute, 2009) accessed 28 August 2016 . 'Dobinson and F Johns ‘Qualitative Legal Research’ in Michael McConville and Wing Hong Chui, eds Research Methods for Law (Edinburgh University Press 2007) 18-18; IT Sampson, “Enforcement of International Humanisrian Law in Africa: An Assessment of the Challenges and Legacies of the international Criminal Tribunal for Rwanda (ICTR)' (Faculty of Law, University of Jos; PhD Thesis 2016) 104. "Ibid. See P Chynoweth Legal Researc} in Knight A and Ruddock L (eds) Advanced Research Be ee © SeTYROWE! scare} epee ce Yew anak, 22 g of the law; provides a sound basis for fh suffers from a few limitations: e factors that lie outside Jaw OF leg “a contributes in the understanding doctrinal research.“'Doctrinal researc a. It does not involve a study of th b. Toe mente puts reliance on and gives prominence to traditional so, of law and judicial pronouncements of appellate courts; and c. Inquiry into legal principle or concep! or law does not wet an from social facts or values, research may become subjective.’ te Y Suppoy B. Non-doctrinal Research é . Non-doctrinal research, also known as socio-iegal esearch, is a research catego that employs methods teken from other disciplines to generate empirical data & answer research questions.” Itcan be a problem, policy or law reform based, Non doctrinal legal research can be quantitative or qualitative. Although many lawyers do not engaye in non-doctrinal research, it is important y state that this category of sesearch allows a researcher to perform inte, disciplinary research where he analyzes law from the perspective of other sciencg and employs these sciences in the srmulation of the law.“For example, a Lavy may undertake a research on the psychological’ phenomena that contributes 1 consumer’s tendency not to read stindard form contracts. In this case, the lavye or the researcher engaged in this category of research has to embark on a fiel work for the purpose of collating data, analyzing same, making findings av arriving at an empirical conclusion. Non-doctrinal category of research serves very yseful purposes in the sense that: a. Ittries to find out the impact uf non-legal events upon the legal decision; b. It seeks to identify and appraise the degree of variables that influence th outcome; and c. It tries to find out the effect of ach decision on people and society’ such. ' However, according to Gdsiokwu, there are many factors that serve as drawoedl to non-doctrinal research and they are: “bid. ' * Ibid. : “Doctrinal and Non-doctrinal Reséire http://www. scribd. , 4 n-/iwww.scribd.cam/mobile/doc/44483249/Doctrinal-d-Non-Doctrinal-Research” accessed 23 Lack of adequate support; Other disciplines shied and still shy away from the study of legal order: Law lecturers are obsessively preoccupied with teaching function and their arm chair doctrinal research for the purpose of publication for promotions, and to enhance their income; iv, The law lecturers lack a tradition sustaining non-doctrinal research, ‘They cannot stand mockery from colleagues in case of failure; and v. The law lecturers are not adequately trained in. th empirical research, le techniques of The adaptation to the NALT Citation Guide, earlier on referred to, notes that: This is the scientific approach to the empirical investigation and scientific data collection using scientific techniques for critical analysis and data presentation of an identified research project... Hypothesis is generated, which at the end of the research, would be verified. For this type of research, questionnaires, public opinion, opinion polls, interviews, etc., are used as techniques or methods for generating data which are empirically analysed and verified to draw aconclusion,®* Non-doctrinal research gets its data primarily’ from sources other than law (that is society) and focuses on ‘social reality of law’ rather than ‘law’ itself. It is also known as ‘empirical research’ or ‘socio-legal research’.” Non-doctrinal research suffers from several limitations: a. Non-doctrinal legal research is extremely time consuming and costly; b. It needs a strong base of doctrinal research; the basic tools of data collection (interview, questionnaire, schedule and observation) are not simple to employ; c. Public opinion influences contents and framework of law; and d. Socio-legal research becomes inadequate and inappropriate where problems are to be solved and the law is to be developed from case to case.* As we noted hereinbefore, the School of Postgraduate Studies or the authorities would require that sources of data be stated. These are primary and secondary documents (which we have already explained). pean 2Gasiokwu (n 19) 13. é University of Jos, Faculty of Law (adapted NALT Citation Guide 2016) (n 47) 6. qv ibhute (n2) 71. ie 24 Under non-doctrinal or socio-legal approach to research, the sources of data are different. The primary sources under this approach include interview, questionnaires, schedules, focus group discussions and even observations in the acquisition of the data from the respondent, Thus, primary sources, as the name indicates here, are ‘primary’, ‘direct’, ‘original’ sources, which are then Carefully analysed by the researcher or by an expert analyst. Secondary sources with respect to non-doctrinal research consists of articles in journals, articles in Newspapers, textbooks, reviews, dictionaries, digests, indexes etc. indeed, we should state that for the social scientist, the use of primary sources in a doctrinal research, is an aberration. Importantly, and for emphasis, a non-doctrinal research necessarily involves the utilization of secondary and primary source materials in addition to the data that will be obtained, analysed and reported. Indeed, one should add that non-doctrinal research is also statistical and empirical, Indeed in other cases, focus group discussion of what is now called teleological (which is observation), also constitute part of non-doctrinal research, questionnaires are drawn up, administered and responses analysed. Graphs and tables may be drawn up based on the findings. In moder times, any law scholar who is desirous of embarking on non-doctrinal category of research should devote at least the second to the last chapter of the research work to data presentation and analysis. C. Socio-Legal Research Socio-legal research is gaining lots of grounds in the modern era. It is the confluence of the science of law and the science of society. Law collides with the society. It requires multidisciplinary perspective in the interpretation and analysis of Law. Broadly speaking, non-doctrinal research is socio-legal research. It is also called socio-legal empirical work or study or research.” In a 2005 book, the thrust of the research was that “socio-legal researchers increasingly recognize the need to employ a wide variety of methods in studying law and legal phenomena and the need to be informed by an understanding of debates about theory and method in mainstream social science”.”* In the social sciences, hypotheses are generated and tested in the field. It comprises, according to Banakar and Travers, of theoretical and empirical analysis of the nature of Law and its relationship to society and state, in a rapidly changing world; the analysis (historical and contemporary) of social, See generally ‘‘Socio-legal Empirical Research in the Twenty-First Century". huins://wwwisfor org.accessedon29/10/202 1. ©’ Reza Banaker and Max Travers, Theory and method in socio-legaj research (Google Books 9005) or hitne://www recrachoate net acceceedoni/i0Nn?)

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