LEGAL RESEARCH METHODOLOGY

Meaning And Nature of Legal Research

 The term Research is derived from the verb Search
 The word Search connotes a systematic enquiry, investigation and the act of
examination of something closely.
 Search is the Critical examination or Scrutiny of a thing.
 Research means the art and science of observing a particular phenomenon again and
again from different dimensions and perspectives.
 Research could be defined as a systematic investigation which aims at increasing the
sum of human knowledge about a phenomenon.
Nature Of Research
 Research implies to Search, to find out, to discover, and to reexamine closely.
 Research refers to a critical and systematic enquiry into a phenomenon.
 Research is not any kind of passive mental or physical activity.
 Research stems from the problems of the society.
 Every from of Knowledge is merely an addition or extension of an existing
knowledge.
 Research is a disciplined process, inquiry or procedure
 Two Apparent Features of Research are that is involves careful and diligent
investigation and it is SYSTEMATIC.
Characteristics
 Research is an organized and systematic study.
 Researcher requires the total attention of the Researcher
 Research begins with a fact-finding question or problem which pops up in the mind of
the researcher.
 Research is goal directed.
 Research deals with certain critical assumptions.
 It divides the principal problem into more manageable sub-problems, analysis and
conclusion based on discovered facts.
What may not Qualify as a Research
 Research is not merely gathering of information.
 Research is not the mere transportation of facts from one place to another.
 Research is not merely rummaging or scavenging for information
 Research is not merely a catchword to attract attention.

Purpose of Research
  The desire to acquire a Degree/Higher Degree
 The desire to face the challenge of solving unsolved problems
 Desire to acquire some intellectual satisfaction from doing some creative work.
 Desire to be of service to humanity.
 Desire to ger respect and honour.

CLASSIFICATION OF RESERACH
The different kinds of research methods include: Doctrinal, Empirical, Descriptive,
Analytical, Fundamental, Applied, Conceptual, Quantitative, Qualitative, Comparative,
Historical.
Doctrinal Research
 The term Doctrinal is termed from the word doctrine.
 Doctrinal research could be said to mean research conducted into an application of
legal doctrines through analysis of statutory provisions and cases by legal reasoning.
 It places emphasis on the analysis of legal rules, principles or doctrines.
 It aims at the development of legal theories.
 Doctrinal research seeks to study the laws, regulations and policies of society with an
aim of deeper understanding of the contexts and ramifications which may be regarded
as crucial not only to the development of law but human society.
 Doctrinal Research involves Systematic examination and analysis of statutory
provisions of legal principles distilled from the statutory provisions as well as
logical and rational ordering of legal propositions and principles.
 Its advantages include: Provision of quick answers to practical questions, Insight
into the evolution of law, Increase in Knowledge base, revealing gaps and
ambiguities in the law.
 Its Disadvantages Include: it is subjective, it is not based on social facts, it does not
study extra-legal factors influencing law.
Empirical Research
 Historically the concept empirical originated from ancient Greece
 Empirical research stems from the adage “seeing is believing”.
 It is the direct opposite of doctrinal research
 It simply refers to research that is based on observations of the certain phenomenon of
the world or data.
 Methodologies in Empirical research include: Qualitative and Quantitative
 Stages in conducting Empirical Research: Define the purpose of the Research-
Identification of supporting theories and relevant literature- Formulation and
Measurement of Hypothesis- Methodology, Research design and Data Collection-
Data Analysis and Interpretation- Conclusion
 Its advantages Include: it makes the research more competent and authentic; it plays
a vital role in enhancing internal validity.
  Its disadvantages include: It is financially demanding, it is tedious and time
consuming, there are few rules in which experiments can be performed, it requires
a high dose of patience
Descriptive Research
 It can be defined as a research method which describes the characteristics or
attributes, of a population or phenomenon being studied.
 If focuses extensively on the what of the subject rather than the ‘how’ and ‘why’
 It is designed to describe the qualities possessed by the demographic segment of the
situation studied.
 Characteristics include: it utilises quantitative research approach, uncontrolled
variables, cross-sectional studies, basis for Further Research
 Descriptive Research methods include: Observational, Case Study Method, survey
Technique /Method
 Its advantages include: Data collection, Varied Data, quick and cheap conduct,
Forms the Basis for decision making
 Its disadvantages include: Confidentiality, Halo effect, no scope to learn the cause of
Phenomenon
Analytical Research
 It is a type of research that involves critical thinking skills and evaluation of facts and
information relative to the research being conducted.
 It requires and involves critical thinking skills.
 It goes a step above descriptive research.
 It is concerned and interested in the Why and How of the subject of Investigation.
 It could be conducted to the determine the cause of a phenomenon being studied or
how it happened.
Fundamental Research
 It is also known as pure research
 It is undertaken mainly for the purpose of acquiring new knowledge of the underlying
foundations of phenomena and observable facts, without any direct practical
application or use in view.
 It does not have immediate commercial objectives, although it is certainly capable of
commercial or practical utility.
 It may not necessarily lead to an invention or a solution to a practical human problem.
Applied Research
 It is designed to solve practical problems of the modern world, rather than to acquire
knowledge for knowledge’s sake.
 The goal of applied research is to improve human condition.
 It is concerned with the practical application of a certain proven theory.
 Types of Applied Research include: Evaluation applied research, Research and
Development, Action Research.
Conceptual Research
  It could be explained as a research method that deals with abstract theories and ideas.
 It does not involve practical experiments or fieldwork.
 It has long been used by philosophers to develop new theories, doctrines and interpret
existing theories or doctrines in a different light.
 Nowadays, it is conducted to answer business questions and solve real world
problems.
 It focuses on the concept or theory that explains or describes the phenomenon being
studied.
Qualitative Research
 It involves the use of qualitative data such as interviews, documents and observation
in order to understand a social phenomenon.
 It originates from the social sciences.
 It is inductive in nature, and the researcher generally explores meanings and insights
in a given situation.
 It focuses more on words than on numbers.
 It is explanatory research which seeks to study and explain how and why a particular
social phenomenon operates as it does in a particular context.
 The objective of qualitative research is to describe and understand the phenomenon
studied by capturing and communicating participants experiences in their own wors
through observation and interviews.
 It does not include Statistical analysis or empirical calculation.
 Its techniques include: Interviews, Focus group discussions
Quantitative Research
 It could be described as a research method that explains phenomena by collecting
numerical data that are analysed using mathematically based methods and in
particular, statistical method of data computation.
 It seeks to explain phenomena.
 It promotes objectivity due to detachment of the researcher from the phenomenon
being investigated or the participants.
 Data is collected through structure research instruments.
Comparative Research
 It is a research method that aims at making comparisons across different countries or
cultures of the world.
 It is a broad term which includes both quantitative and qualitative comparison for
social entities.
 It is used to study legislative texts, jurisprudence and other legal doctrines of foreign
law.
 The essence of comparative research is the act of comparing the law of one country
with that of another.
 It is used to identify and analyse similarities and differences between groups.
Historical Research
 It is research conducted into past events with a view to reconstructing the future.
  It focuses on the documentation or transmission of historical accounts of events that
transpired in the past.
 It is not the same thing as stating or chronicling important historical occurrences.
 Researchers cannot accept historical data at face value.
 It seeks to analyse past events and develops the present concept and conclusion.
 It is largely based on the use of library.
 The stages of conducting historical research include: Data collection- Criticism of
Data- Presentation of Facts
 Nature of historical research include: it entails more than mere accurate
documentation, it is not storytelling, it is an academic inquiry, it is a systematic
investigation into the past, (past events, actions, lives of peoples, and the past
historical figure)
 Its advantages include: it is the only research method that can study evidence from
the past, it is best suited for trend analysis
 Its disadvantages: there is hardly any originality in historical research, limitations
are imposed due to content analysis, it cannot ensure representation of the sample.
Non-doctrinal research
 Doctrinal research is also called empirical research.
 It is an approach to the sturdy of law, legal procedure and legal theories through the
use of empirical research method and techniques.
 It has both qualitative and quantitative approaches.
Concept of Non-Doctrinal Research
 It is the direct opposite of doctrinal research and is also known as socio-legal
research.
 It employs methods derived from other disciplines to generate empirical data needed
to answer research questions.
 It employs scientific methods.
 It helps legal researchers to understand the implication and effects of law on society.
 In certain context, in could mean research conducted in order to understand the
relationship between the legal rules and the behaviour of people the law is provided to
serve.
 It highlights the gaps between legislative goals and social reality, thereby depicting
the true state or picture of the law in action.
 It relies on experience and observation.
 It provided vital insights about how the law works in the real world.
Features
 In this form or research, variables play important roles in influencing the legal
process.
 It assesses the impact of non-legal events on legal provisions or law-making process.
 It helps in detecting consequences of a law or principles of law in society.

 The tools of Non-Doctrinal Research include: Interviews, Focus group Discussions,

observation.
  Its advantages include: it enhances lawyer’s ability to understand the implications
and effects in society, depicts a true picture of law in action, it can use social
science methodologies themselves to investigate issues.

 Its Disadvantages include: financial support is Lacking, other disciplines have shied
away from the study of legal order, legal researchers lack a tradition that enables
them to strengthen the empirical research methods.

 Distinction between Doctrinal and Non-Doctrinal- Page 115 of the Legal Research
Methodology and Practice Textbook

WRITING LEGAL RESEARCH PROPOSAL

 It is the first step in producing a dissertation, thesis or major research project.
 It indicates a researcher’s plan of action which he will take or pursue in the course of
carrying out the research.
 An academic proposal is expected to contain the following elements
o A rationale for the choice of topic, showing why it is useful or important
within the concerns of the discipline or course.
o A review of existing published work which are relevant to the topic, otherwise
referred to as literature review.
o An outline of the intended approach or methodology of the study (with
comparisons to existing published work).
 Structure of an academic proposal
o It depends on the nature of the research being carried out.
o For doctrinal research, an academic proposal is chapter one of a dissertation or
thesis. That is, it is the contents of chapter one of a dissertation with sub
headings “1.1” to “1.8”.
o A brief literature review will be required to be included in the sub headings
under chapter one.
o Where the research concerned is empirical, the research proposal will comprise
the brief or skeletal presentation of the whole contents of chapter 1-3 of an
empirical research.
 Research Proposal for Doctrinal Research (CHAPTER ONE)
Introduction: it contains
o 1.1 Background study (with left margin): general introduction of the research
topic justifying the rationale behind the choice of the research topic. It also
identifies existing problems of the subject matter that informs the choice of the
topic. It also contains brief definitions or meanings or key concepts.
o 1.2 Statement of problem (with left margin): it involves the identification of
problems associated with the choice of a given topic. The statement of the
problem is followed by research questions which further clarify the research
topic.
 o 1.3 Research Questions: they are clear, focused, concise, complex and should
be arguable questions within which research is centred. An example of such
question is ‘What factors militate against the enforcement of fundamental
rights in Nigeria’.
o 1.4 Aim and Objectives (flush with left margin): this is the main aim (purpose
of the study) and the objectives are put together under one title because
objectives of study derive its validity from the aim of the study.
o 1.5 Scope or delimitation of the Study (flush with left margin): the scope is
referred to as the delimitation of study which is the restriction placed on the
study by the researcher himself to delimit certain parts. It has four dimensions
and they include geographical, content, periodic and subject coverage.
o 1.6 Significance of the study: it communicates to the audience the
meaningfulness of the study and benefits to be derived from the research work
upon successfulness.
o 1.7 Limitations: in the course of study, the researcher will encounter a number
a number of problems
o 1.8 Research Methodology: in legal research the researcher should spell out in
a clear term what constitutes the main approaches to legal research. This part
requires detailed information on the research approaches adopted-whether it is
doctrinal or non-doctrinal or both. The researcher is expected to briefly explain
or define the two major approaches, in terms of what they stand for and which
one will be adopted and why. It is also required to discuss the types of legal
research methodology for data gathering and analysis. It is mandatory to list the
various methods of research methods then indicate the choice that best suits the
topic of research. Include the sources next.
o 1.9 Structure of study (flush with left margin): it contains the divisions of the
research work into chapters and its sub-titles and the brief and concise
description of what each chapter contains.
o 1.10 Literature Review: it reviews relevant literature in the area of research.
The aim is to demonstrate the researcher’s awareness of the current and
existing works done by other researchers in the field of research as well as gaps
of knowledge which has not been filed by existing work.

RESEARCH DOCUMENTATION
  In academic writing or research writing ‘documentation’ is the evidence provided (in
the form of endnotes, footnotes, and entries in bibliographies) for information and
ideas borrowed from others.
 It includes both primary and secondary sources.
 It is a standard language that allows one writer to refer to legal authorities with
sufficient precision and generality that others can follow the references.
Purpose
o It provides evidence to support the assertations and claims in the research work.
o It provides a point of departure for future or further research.
o It gives credibility and strength to academic research.
o It gives proper credit to the sources used in the research which is an ethical
requirement.
o It provides readers with sources, authorities or references for the claims made in
academic research.
When should a Researcher site: a researcher need not provide sources or authority
in the following circumstances
o Historical reviews; when multiple sources provide the same information about
historic events, it is necessary for the researcher to summarize these events
without referencing. However, if it is from one source it may be necessary to site.
o The Researcher’s own Thoughts, Views or Ideas: where the view expressed or
opinion originate from the researcher and not from another author, there is no
need to reference or site.
o Conclusions containing previously cited ideas: another instance when a
researcher is not required to cite is where he draws conclusions from already cited
sources.
o Facts which are common knowledge: another exception to the rule that a
researcher or writer must provide evidence for his claim in respect of matters or
facts that are of common knowledge. There are general facts of common
knowledge (facts known by the general public regardless of discipline) and there
also specific facts of common knowledge (facts that apply and common to certain
disciplines and professions, although general it cannot be presumed to be known
by everybody) depending on the reader or targeted readership, they may or may
not be cited.
o The Researcher’s findings and Recommendations: findings and
recommendations are supposed to be the researcher’s original and contribution to
knowledge, it is wrong and unacceptable to cite such findings or
recommendations.
When To Cite: a researcher must cite in the following circumstances
o When the researcher makes a doctrinal statement: a doctrinal statement is a
statement of law. It is any statement that asserts the position of law on a given
statement. e.g the judicial powers of the Federal Republic of Nigeria are vested
in the courts established under the constitution.
o When the Researcher makes a statement of fact: the term facts is defined as
something that actually exists, reality, something known to be true. It is something
practical or an objective phenomenon that can be verified empirically as
distinguished from opinion. Facts of common knowledge not need be cited. What
differentiates a statement of fact from opinion is verifiability.
o When the Researcher makes a statement of opinion held by other authors: an
opinion cannot be empirically verified and is influenced by biases, interests and
prejudices due to the fact that it comes from one’s mind. The originator of the
view or opinion must be cited. e.g Capitalism as an economic system is better
than socialism.
o When a researcher Makes a statement of his own Opinion: where the opinions
held by a researcher or academic write is shared by other authors or scholars, the
researcher is bound to provide citation or reference for the opinion.
What should a researcher cite: the rules for the citation of legal research categorize
the sources to be cited or what to cite into two broad categories:
o Primary sources: they include statutes, Constitutions, federal, state and bye laws,
international treaties, protocols and agreements, judicial decisions (superior and
international courts), surveys and response to questionnaires, data obtained from
field work, interviews and group discussions, direct information from the website
of organizations to produce such information in the course of their work.
o Secondary sources: they include textbooks, journals, treaties, commentaries,
reports, unpublished work, periodicals, all reproduced, recast, rebroadcast or
republished information from otherwise primary sources ISSN (international
standard serial number) is used to identify journal articles, ISBN (international
standard book number)
What to site: this refers to the source to cite for each statement
o Doctrinal statements: only primary sources are allowed to be cited for doctrinal
statements. It is unacceptable to cite a secondary source for a doctrinal statement.
o Statement of fact: every statement of fact must be backed up by a primary source.
The only exception is that statutes and cases, even though primary source, cannot
be cited for statement of fact. Statement of facts also don’t allow citing of
secondary sources.
o Statement of opinion: when citing reference for a statement of opinion of a
scholar, cite secondary sources only.
o Statement of the Researcher’s Opinion: the only acceptable type of source to cite
in regards to the researcher’s opinion are secondary sources.
How should a Researcher Cite: how to cite raises two separate issues
 REFERNCING PATTERN: it answers the question, what method should a
researcher adopt in documenting information sources. They are:
o In-text referencing: in this form of referencing the sources cited appear in
the text and not in the footnote or endnote. This is the referencing pattern
approved in arts, social sciences and administration disciplines.
 o Footnote referencing: in this pattern, the source appears in the footnote and
not in the body of the text. The citation takes a superscript number which
identifies the source cited in the footnote section.
o Endnote referencing: this pattern is very similar to the footnote pattern; the
only difference is that the endnote banishes the cited sources to the end of
the work.
 REFRENCING STYLE OR GUIDE: this second of the twin issues raises the
question, how should a researcher cite, it answers the question, what style guide
should a researcher adopt in documenting sources of his claims or information.
There are several style guides in operation such as MLA, APA, Bluebook and the
likes, the one in use by the Faculty of Law in Nigerian Universities in the NALT
style.
GENERAL DOS AND DONTS ON DOCUMENTATION
o Do not write ‘see’ or ‘see generally’ in your footnote citation. This is not accepted
in academic research.
o The space allotted for footnote must be used for academic citations and nothing
more. In short only primary and secondary sources or authorities are allowed in
the footnote section.
o Avoid direct quotation as much as possible.
o Once there is a citation in authority in the findings and recommendations, it means
you have not done anything except mere long essay.
o All citations in footnotes must end with a full stop.
o It is safer to say that nobody has written in a particular area or research to the
researcher’s knowledge even where you stumble into something close to what the
researcher is writing. This is to avoid situations where the claim may be found to
be false.

DOCUMENTING BIBLOGRAPGY IN ACADEMIC RESEARCH

 It is an alphabetised list of sources that have been used to compile data, typically in an
article, essay, research paper, books, dissertations and thesis.
 It is found at the end of the work.
 It allows a writer to give proper credit for quotes or key phrases that have been written
and presented in a source that they may have made reference to in their paper so as to
avoid plagiarism.
 It means listing all the sources which a researcher has consulted while writing his
essay or research article.
 Absence of bibliography indicates that a paper may be a piece of plagiarism.
NALT GUIDELINES OF DOCUMENTING BIBLIOGRAPHY
 Textbooks