RESEARCH DESIGN IN A LEGAL STUDY

PROF. DR. AINUL JARIA MAIDIN

RESEARCH DESIGN
Research Design/Research Proposal
The plan of the research project:
Steps to be followed
Defined goals intended to achieve

No fixed and defined format

Aspects ordinarily included in RD:
Identification of issues; formulation
RQ/hypothesis; objectives; literature
review; methodology; approach; sources
of information; scope; contents/chapters;
bibliography

1
TITLE

1
0

TABLES &
BIBLIOGRAPH
Y

2
INTRODUCTION

3
CONTENTS/
CHAPTERS

HYPOTHESI
S

COMPONENT
S
OF
RESEARCH
DESIGN

4
LITERATUR
E
REVIEW

SIGNIFICANCE
&
CONTRIBUTION

5
SCOPE &
DELIMITATIONS

6
METHODOLOGY

OBJECTIVE
S

COMPONENTS OF A RESEARCH DESIGN

1. Title of the Research Project
Clearly stated & self-explanatory
The project is in the area of law
Short, one-line statement or two sentences using
a colon (:), explanatory in nature

2. Introduction
Identification of problems, issues or questions
Highlight the nature, seriousness, effect, relation
to law
Difference from previous studies
Data needed, methodology used
Hypothesis

COMPONENTS OF A RESEARCH DESIGN

3. Hypothesis

Chava & David:

A tentative answer to a research problem.

Hypothesis: guess, hunch, imagination or

assumption

Based on researchers day-to-day observation and

experience or other relevant sources of knowledge
about the matter

Must be testable
Proven throughout the study
Result: approved or disapproved

Positive & negative results are both important

Is hypothesis necessary in legal research?

Hypo: Not necessary, but RQ is.

COMPONENTS OF A RESEARCH DESIGN

Example of Formulation
of Hypothesis from
Research Objective and
RQ from a Hypothesis

To describe the
nature and
seriousness of
problems
concerning food
safety and
quality

Objective

Hypothesis

Effectiveness of laws
depends largely on their
deterrent effect on
producers,
manufacturers, importers
or suppliers. However,
the existing laws do not
seem to be sufficiently
deterrent in many areas.

Is there any need

for change and
reform in the
existing legal and
administrative
mechanism of
regulation and
control?

Research
Question

COMPONENTS OF A RESEARCH DESIGN

Sources of hypotheses
Personal observations, experiences, theories, etc.
The best: academic & professional literature
Books, articles, conference papers, published (or
unpublished) dissertations and theses;
Library and internet resources

Importance and advantages of hypotheses

Sets a direction with more specific inquiry
Helps selection of relevant materials or collection of
data
Useful for information evaluation and drawing
conclusion

COMPONENTS OF A RESEARCH DESIGN

4. Literature Review
The survey and documentation of published and
unpublished work in the area of specific interest
to the researcher

Sources of literature for review

Articles, books, reports, government document, official
reports

Significance

Get to know what aspects in the area have been covered

Gain theoretical and factual knowledge: avoid duplication
Helps formulate problem statement & hypothesis
Benefit from the efforts of others
Procedures, techniques, research designs
Avoid mistake by learning from others

COMPONENTS OF A RESEARCH DESIGN

A good literature review:
1. Demonstrates familiarity of researcher on the subject
2. Shows the similarities and dissimilarities among the
studies
3. Indicates the information available for the time being
4. Identifies types of studies conducted, topics covered
and how the current study will contribute to the
existing knowledge
5. Justifies the need and value of research
6. Increase readers confidence in the researchers
competence, ability and background knowledge

How much should be reviewed?

. No specific number
. Discuss and evaluate the most relevant works and link
them to the topic of research in a systematic and

COMPONENTS OF A RESEARCH DESIGN

Components of a literature review
1. Introduction
Nature of research problems/issues
Identify reasons for reviewing/not reviewing certain
literature
Types of literature reviewed
2. The main body
Place various literatures under appropriate headings
Explain and analyze what others have said/reported
Compare and contrast similarities and differences
Present general picture of the nature of existing
literature
Convince readers that he has sufficient knowledge
3. Conclusion
Brief summary of major contribution of the studies

COMPONENTS OF A RESEARCH DESIGN

5. Objectives of the Study
What researcher wants to do
Depends on the nature of topic selected
Main themes are to:

Explore, describe, explain, compare, evaluate, criticize,

draw inferences and conclusions, offer suggestions for
further research or change and reform

COMPONENTS OF A RESEARCH DESIGN

6. Methodology
Information on how the study is carried
out
Explain what approach taken and why
Specify:

Primary sources: constitutional provisions, Islamic

legal rules, statutory provisions framed by lawmaking
bodies, subordinate or subsidiary legislation framed by
administrative bodies or authorities, reported decisions
of courts and tribunals
Secondary Sources: books, journals, legal
encyclopedias, digests of cases, indexes, official
statistics, relevant documents and other library-based

COMPONENTS OF A RESEARCH DESIGN

7. Scope of Study and Delimitations
A study must be confined to a particular
time-period, geographical area, place,
people and institution
Clearly show what is and what is not
included
Advantage: Enable reader to know
essential purpose of the study

COMPONENTS OF A RESEARCH DESIGN

7. Significance and Contribution
Explain why the research is carried out

No study on the subject?

Insufficient coverage?
Different perspective?

How it contributes to the existing

knowledge?

Critical analysis: researcher draws personal

inferences, own ideas, opinions, support, rejection,
criticism or point out to inadequacies and suggests
ways for improvement

COMPONENTS OF A RESEARCH DESIGN

8. Contents/Chapters
Chapters must be arranged in logical
sequence
Facilitative through:

Various headings and sub-headings

Divisions into parts e.g. part A, B, C and D

9. Tables and Bibliography

All books, articles, case comments and other

literature discussed/referred to