methodologies for law dissertation

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Research Methodology

This page provides a list of books and e-books about research methodologies that are employed by graduate students in law.

The phrase "research methodology" in this context refers to the "methods and rules that are used to analyze a particular field, or a particular procedure or set of procedures" (Lammasniemi, 2022). Research methodologies used by graduate students in law include (but are not limited to) doctrinal research, comparative law, socio-legal research, and theoretical research.

Note: "research methodology" is NOT the same as "how to do legal research." If you are looking for guidance on how to conduct legal research in a particular jurisdiction, please refer to this guide's chapters on Canadian Law and Foreign Law.

Guides on Research Methodology

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• Last Updated: Sep 11, 2024 11:44 AM
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Library Guides

Dissertations 4: methodology: methods.

• Introduction & Philosophy
• Methodology

Primary & Secondary Sources, Primary & Secondary Data

When describing your research methods, you can start by stating what kind of secondary and, if applicable, primary sources you used in your research. Explain why you chose such sources, how well they served your research, and identify possible issues encountered using these sources.  

Definitions  

There is some confusion on the use of the terms primary and secondary sources, and primary and secondary data. The confusion is also due to disciplinary differences (Lombard 2010). Whilst you are advised to consult the research methods literature in your field, we can generalise as follows:  

Secondary sources 

Secondary sources normally include the literature (books and articles) with the experts' findings, analysis and discussions on a certain topic (Cottrell, 2014, p123). Secondary sources often interpret primary sources.  

Primary sources 

Primary sources are "first-hand" information such as raw data, statistics, interviews, surveys, law statutes and law cases. Even literary texts, pictures and films can be primary sources if they are the object of research (rather than, for example, documentaries reporting on something else, in which case they would be secondary sources). The distinction between primary and secondary sources sometimes lies on the use you make of them (Cottrell, 2014, p123). 

Primary data 

Primary data are data (primary sources) you directly obtained through your empirical work (Saunders, Lewis and Thornhill 2015, p316). 

Secondary data 

Secondary data are data (primary sources) that were originally collected by someone else (Saunders, Lewis and Thornhill 2015, p316).   

Comparison between primary and secondary data   

Use  

Virtually all research will use secondary sources, at least as background information. 

Often, especially at the postgraduate level, it will also use primary sources - secondary and/or primary data. The engagement with primary sources is generally appreciated, as less reliant on others' interpretations, and closer to 'facts'. 

The use of primary data, as opposed to secondary data, demonstrates the researcher's effort to do empirical work and find evidence to answer her specific research question and fulfill her specific research objectives. Thus, primary data contribute to the originality of the research.    

Ultimately, you should state in this section of the methodology: 

What sources and data you are using and why (how are they going to help you answer the research question and/or test the hypothesis. 

If using primary data, why you employed certain strategies to collect them. 

What the advantages and disadvantages of your strategies to collect the data (also refer to the research in you field and research methods literature). 

Quantitative, Qualitative & Mixed Methods

The methodology chapter should reference your use of quantitative research, qualitative research and/or mixed methods. The following is a description of each along with their advantages and disadvantages. 

Quantitative research 

Quantitative research uses numerical data (quantities) deriving, for example, from experiments, closed questions in surveys, questionnaires, structured interviews or published data sets (Cottrell, 2014, p93). It normally processes and analyses this data using quantitative analysis techniques like tables, graphs and statistics to explore, present and examine relationships and trends within the data (Saunders, Lewis and Thornhill, 2015, p496). 

Qualitative research  

Qualitative research is generally undertaken to study human behaviour and psyche. It uses methods like in-depth case studies, open-ended survey questions, unstructured interviews, focus groups, or unstructured observations (Cottrell, 2014, p93). The nature of the data is subjective, and also the analysis of the researcher involves a degree of subjective interpretation. Subjectivity can be controlled for in the research design, or has to be acknowledged as a feature of the research. Subject-specific books on (qualitative) research methods offer guidance on such research designs.  

Mixed methods 

Mixed-method approaches combine both qualitative and quantitative methods, and therefore combine the strengths of both types of research. Mixed methods have gained popularity in recent years.  

When undertaking mixed-methods research you can collect the qualitative and quantitative data either concurrently or sequentially. If sequentially, you can for example, start with a few semi-structured interviews, providing qualitative insights, and then design a questionnaire to obtain quantitative evidence that your qualitative findings can also apply to a wider population (Specht, 2019, p138). 

Ultimately, your methodology chapter should state: 

Whether you used quantitative research, qualitative research or mixed methods. 

Why you chose such methods (and refer to research method sources). 

Why you rejected other methods. 

How well the method served your research. 

The problems or limitations you encountered. 

Doug Specht, Senior Lecturer at the Westminster School of Media and Communication, explains mixed methods research in the following video:

LinkedIn Learning Video on Academic Research Foundations: Quantitative

The video covers the characteristics of quantitative research, and explains how to approach different parts of the research process, such as creating a solid research question and developing a literature review. He goes over the elements of a study, explains how to collect and analyze data, and shows how to present your data in written and numeric form.

Link to quantitative research video

Some Types of Methods

There are several methods you can use to get primary data. To reiterate, the choice of the methods should depend on your research question/hypothesis. 

Whatever methods you will use, you will need to consider: 

why did you choose one technique over another? What were the advantages and disadvantages of the technique you chose? 

what was the size of your sample? Who made up your sample? How did you select your sample population? Why did you choose that particular sampling strategy?) 

ethical considerations (see also tab...)  

safety considerations  

validity  

feasibility  

recording  

procedure of the research (see box procedural method...).  

Check Stella Cottrell's book  Dissertations and Project Reports: A Step by Step Guide  for some succinct yet comprehensive information on most methods (the following account draws mostly on her work). Check a research methods book in your discipline for more specific guidance.  

Experiments 

Experiments are useful to investigate cause and effect, when the variables can be tightly controlled. They can test a theory or hypothesis in controlled conditions. Experiments do not prove or disprove an hypothesis, instead they support or not support an hypothesis. When using the empirical and inductive method it is not possible to achieve conclusive results. The results may only be valid until falsified by other experiments and observations. 

For more information on Scientific Method, click here . 

Observations 

Observational methods are useful for in-depth analyses of behaviours in people, animals, organisations, events or phenomena. They can test a theory or products in real life or simulated settings. They generally a qualitative research method.  

Questionnaires and surveys 

Questionnaires and surveys are useful to gain opinions, attitudes, preferences, understandings on certain matters. They can provide quantitative data that can be collated systematically; qualitative data, if they include opportunities for open-ended responses; or both qualitative and quantitative elements. 

Interviews  

Interviews are useful to gain rich, qualitative information about individuals' experiences, attitudes or perspectives. With interviews you can follow up immediately on responses for clarification or further details. There are three main types of interviews: structured (following a strict pattern of questions, which expect short answers), semi-structured (following a list of questions, with the opportunity to follow up the answers with improvised questions), and unstructured (following a short list of broad questions, where the respondent can lead more the conversation) (Specht, 2019, p142). 

This short video on qualitative interviews discusses best practices and covers qualitative interview design, preparation and data collection methods. 

Focus groups   

In this case, a group of people (normally, 4-12) is gathered for an interview where the interviewer asks questions to such group of participants. Group interactions and discussions can be highly productive, but the researcher has to beware of the group effect, whereby certain participants and views dominate the interview (Saunders, Lewis and Thornhill 2015, p419). The researcher can try to minimise this by encouraging involvement of all participants and promoting a multiplicity of views. 

This video focuses on strategies for conducting research using focus groups.  

Check out the guidance on online focus groups by Aliaksandr Herasimenka, which is attached at the bottom of this text box. 

Case study 

Case studies are often a convenient way to narrow the focus of your research by studying how a theory or literature fares with regard to a specific person, group, organisation, event or other type of entity or phenomenon you identify. Case studies can be researched using other methods, including those described in this section. Case studies give in-depth insights on the particular reality that has been examined, but may not be representative of what happens in general, they may not be generalisable, and may not be relevant to other contexts. These limitations have to be acknowledged by the researcher.     

Content analysis 

Content analysis consists in the study of words or images within a text. In its broad definition, texts include books, articles, essays, historical documents, speeches, conversations, advertising, interviews, social media posts, films, theatre, paintings or other visuals. Content analysis can be quantitative (e.g. word frequency) or qualitative (e.g. analysing intention and implications of the communication). It can detect propaganda, identify intentions of writers, and can see differences in types of communication (Specht, 2019, p146). Check this page on collecting, cleaning and visualising Twitter data.

Extra links and resources:  

Research Methods  

A clear and comprehensive overview of research methods by Emerald Publishing. It includes: crowdsourcing as a research tool; mixed methods research; case study; discourse analysis; ground theory; repertory grid; ethnographic method and participant observation; interviews; focus group; action research; analysis of qualitative data; survey design; questionnaires; statistics; experiments; empirical research; literature review; secondary data and archival materials; data collection. 

Doing your dissertation during the COVID-19 pandemic  

Resources providing guidance on doing dissertation research during the pandemic: Online research methods; Secondary data sources; Webinars, conferences and podcasts; 

• Virtual Focus Groups Guidance on managing virtual focus groups

5 Minute Methods Videos

The following are a series of useful videos that introduce research methods in five minutes. These resources have been produced by lecturers and students with the University of Westminster's School of Media and Communication. 

Case Study Research

Research Ethics

Quantitative Content Analysis 

Sequential Analysis 

Qualitative Content Analysis 

Thematic Analysis 

Social Media Research 

Mixed Method Research 

Procedural Method

In this part, provide an accurate, detailed account of the methods and procedures that were used in the study or the experiment (if applicable!). 

Include specifics about participants, sample, materials, design and methods. 

If the research involves human subjects, then include a detailed description of who and how many participated along with how the participants were selected.  

Describe all materials used for the study, including equipment, written materials and testing instruments. 

Identify the study's design and any variables or controls employed. 

Write out the steps in the order that they were completed. 

Indicate what participants were asked to do, how measurements were taken and any calculations made to raw data collected. 

Specify statistical techniques applied to the data to reach your conclusions. 

Provide evidence that you incorporated rigor into your research. This is the quality of being thorough and accurate and considers the logic behind your research design. 

Highlight any drawbacks that may have limited your ability to conduct your research thoroughly. 

You have to provide details to allow others to replicate the experiment and/or verify the data, to test the validity of the research. 

Bibliography

Cottrell, S. (2014). Dissertations and project reports: a step by step guide. Hampshire, England: Palgrave Macmillan.

Lombard, E. (2010). Primary and secondary sources.  The Journal of Academic Librarianship , 36(3), 250-253

Saunders, M.N.K., Lewis, P. and Thornhill, A. (2015).  Research Methods for Business Students.  New York: Pearson Education. 

Specht, D. (2019).  The Media And Communications Study Skills Student Guide . London: University of Westminster Press.  

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• Last Updated: Sep 14, 2022 12:58 PM
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