Choosing a research method is an important part of any law thesis. The method shapes the procedure to be followed in the thesis, the sources to be examined, and the ways of arriving at the conclusions.
Students often choose a method of research that is familiar to them or has been chosen by their friends. This is not the case. The method of legal research should be consistent with the research question and the ends the research seeks to achieve. Law thesis help offers research methodology services in the field of law.
Always start with the research question.
The research question ought to be the guide for the selection of the methodology.
Consider what the writing seeks to achieve.
Is the research concerned with:
describing the present state of the law?
describing the court interpretation of a legal rule?
describing the relation of the statute to constitutional standards?
describing the functioning of a legal rule or law?
illustrating the opinion of legal professionals regarding a particular legal reform?
comparing legal systems?
Different questions call for different methods.
The Doctrinal Legal Research Method
Doctrinal legal research is the study and criticism of previously expressed opinions in a particular field of the law.
This focuses on spotting, decoding, and assessing legal precepts and adjacent sources.
Potential sources are:
Statutes
Judgments
Provisions of the Constitution
Regulations
Treaties
Legal Norms
A doctrinal thesis may analyze how courts have interpreted a statute, or if different decisions are legally consistent.
Characteristics of Doctrinal Research
A doctrinal study usually involves a detailed analysis of legal sources.
Students can identify the current legal position, determine its history, analyze the reasoning of the judges, and assess the unanswered legal questions.
The researcher should explain how the selected sources answer the research question.
Empirical Legal Research
Empirical research analyzes the operation of law in practice.
Rather than solely analyzing legal precepts, researchers may collect data on the experiences and professional practices of members of the public, or the behavior of institutions and the implementation of legal policies.
Possible methods are:
Interviews
Surveys
Questionnaires
Observations
Statistical data
Analysis of documents
The approach should be appropriate to the research question.
Comparative Legal Research
Comparative research focuses on legal precepts or legal institutions in different jurisdictions.
For example, a thesis may focus on two legal systems addressing the same issues.
Comparative research requires a justification for the selection of the jurisdictions being compared.
Simply describing two legal systems is usually not enough. Students should describe what they have in common, the differences, and perhaps the reasons for those differences.
Socio-Legal Research
Socio-legal research focuses on the nexus of law and society.
It may combine legal analysis with evidence of social behavior, social institutions, or the implementation of law.
This is useful when a thesis wants to know not only what the law is, but also how it affects members of the public or social and economic organizations.
Mixed Research Approaches
Legal research can sometimes integrate multiple methods. For instance, a student may analyze the doctrine of a legal system through one method, and then explore how practitioners have experienced implementing that legal system, through another method, such as an interview. Mixed methods should be employed as a last resort in the event a lone method does not sufficiently answer a research question.
Consider Available Resources
Students should ask themselves if using the selected method is practical.
Here are a few things to consider:
availability of legal databases
availability of legal research participants
Individual skills in conducting research
time
ethics
expectations of the university
A firework display of research methods may not be feasible, if the student is unable to do the research.
Ethical Viewpoint
Research on human participants may mean ethical approval is required.
Students should ponder:
privacy
why participants were asked to "consent" to take part in the study
keeping the participants' data safe and secure
voluntary participation
Drawing on university ethics in research
Justifying the Use of a Method
The reason a particular method was chosen is not enough to justify a method in the methodology chapter.
The chapter must justify the method and highlight how and why the method addresses the research question.
As an example, if the research question is how a judge interprets a particular law, all evidence may be doctrinal. However, if the research question is about how a legal policy is carried out in practice, empirical research would be more apt.
Limits of Methodology
Acknowledging the limits of a methodology is an important aspect of research.
Empirical research, despite efforts to increase the number of participants, may suffer from a small sample size. Doctrinal research, like empirical research, may suffer from restrictions on access. Comparative research, too, may suffer from access restrictions.
Assignment Help
Methodology assignments and research projects may form part of a law student's workload too.
Assignment helpers can assist you with legal research for finding and synthesizing answers to legal research questions, writing case studies, and drafting legal research essays, research papers, and other assignments help.
Assistance must be in line with your university's academic integrity policy.
Summary
Choosing a legal research method depends on your research question. If your question is about legal rules and authorities, you may want to consider a doctrinal research method, while other methods—for example, empirical research—may be used to study law in action. Other methods, like the comparative or socio-legal methods, can be useful for answering broader legal questions.
We help students with legal research methods at a research design and plan stage, select the best research method, perform legal research and analysis, collect data, and draft research papers.
The research method that provides the most credible evidence for answering your research question is the one you should use.
Frequently Asked Questions
What is the most common legal research method?
Doctrinal research is the most common legal research method; however, the best research method depends on your research question.
When do you use empirical legal research?
Empirical legal research is appropriate when you want to study how law is or has been applied.
Can you use more than one research method?
If you can justify the use of multiple research methods, you are allowed to use more than one in your research.
What should your methodology chapter contain?
Your methodology chapter must include your approach to research, the sources or participants, data gathering, analysis, limitations, and the ethical considerations for your research.
Can assignment helpers assist you with legal methodology work?
The answer is yes. Assignments helpers are able to assist students with legal research and answer research methodology related questions.
