What are you doing when you ’do a research’?

The research is a process of asking a well-defined question(s), investigating, and then answering the question:

• Identify a worthy research question (well-defined question)

• Review what others have found (literature)

• Design and execute your research (question – raw material – method-answers)

• Conclude and presenting the findings (answer) = writing 3. From research question to a hypothesis

3.1. Start: research questions

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What do you need for research? An enquiring mind to recognize that there are questions that need answers. Every thinking person can do research. The fundamental requirement for research is an enquiring mind to recognize that there are questions that need answers. The quest for knowledge then is the basic idea behind the research. Research is, thus, an original contribution to the existing stock of knowledge making for its advancement. It is the pursuit of truth with the help of study, observation, comparison, and experiment.

Formulation of a research question is essential before starting any research. It aims to explore an existing uncertainty in an area of concern and points to a need for a deliberate investigation.

Research question identifies the problem to be studied and guides to the methodology. It leads to building up of an appropriate hypothesis.

• First, identify what types of studies have been done in the past?

• Is there a unique area that is yet to be investigated or is there a particular question that may be worth replicating?

• Begin to narrow the topic by asking open-ended “how” and “why” questions

Once a research question is formulated, a hypothesis can be developed. Hypothesis means a transformation of a research question is into an operational analogy. It means a statement as to what prediction one makes about the phenomenon to be examined.

3.2. Hypothesis

‘Hypothesis’ is derived from two words: ‘hypo’ means ‘under’, and ‘thesis’ means an ‘idea’ or

‘thought’. Hence, a hypothesis means ‘idea’ underlying a statement or proposition. The word

‘hypothesis’ is derived from the Greek, hypo (means under) and tithenas (means to place).

It is a proposition, condition or principle which is assumed, perhaps without belief, to draw out its logical consequences and by this method to test its accord with facts which are known or may be determined’. It is a proposition which can be put to test to determine its validity by some of the scientific methods.

In its most elementary stage, a hypothesis may be a mere hunch, guess, or an imaginative idea.

A hypothesis, therefore, needs to be formulated in such a way that one can gather empirical evidence for verifying or refuting its correctness. It may prove correct or incorrect. But in either case, it leads to an empirical test. Whatever may be the outcome, the hypothesis is a question put in such a way that an answer of some kind can be forthcoming. If a hypothesis is empirically proved, the problem, which was tentative at the beginning of the research, is answered. The statement ceases to be a mere proposition. It becomes a verified fact. Nevertheless, such a disproved hypothesis may lead to an alternative or additional hypothesis.

A hypothesis or a set of hypotheses may originate from a variety of sources.

→ Hunch or intuition: It is a sort of virgin idea. The findings of such a hypothesis are likely to be unrelated to, or unconnected with other theories or body of science. They are likely to remain isolated bits of information. Nevertheless, these findings may raise interesting questions worth pursuing. They may stimulate further research, and if substantiated, may integrate into an explanatory theory.

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studies. If such a hypothesis is proved, it confirms findings of the earlier studies though it replicates earlier study conducted in different concrete conditions.

→ A theory or a body of theory: A theory represents logical deductions of the relationship between inter-related proved facts. A theory gives direction to research by stating what is known. Logical deductions from these known facts may trigger off new hypotheses.

→ General social culture Particular value-orientation in the culture, if it catches the attention of social scientists for their careful observation, generates several empirically testable propositions in the form of hypotheses.

→ Analogy: A proved pattern of human behaviour, in a set of circumstances or social settings, can be a source of hypothesis. A researcher may be tempted to test these established co-relations with similar attributes in different social settings. However, a researcher, when he uses analogy as a source of his hypothesis, needs to carefully appreciate the theoretical framework in which the analogy was drawn and its relevancy in his new frame of reference.

→ Personal experience Some scientists may perceive an interesting pattern from merely seem a ‘jumble of facts’ to a common man. The history of science is full of instances of discoveries made because the ‘right’ individual happened to make the ‘right’

observation because of his particular life history, personal experience or exposure to a unique mosaic of events. His personal experience or life history may influence his perception and conception and in turn, direct him quite ready to formulate a certain hypothesis.

There can be no restrictions whatsoever about what can be hypothesized. For example,

• urbanization and urban lifestyle boost suicide rate

• broken homes tend to lead juvenile delinquency

• modernization and education among women lead to an increase in divorces,

• poverty causes criminality,

• unemployment among youths leads to violent crimes.

3.3. The role of the scientific method in formulating a hypothesis

The scientific method is loaded with logical considerations. It is the pursuit of truth as determined by logical considerations.

The idea of science is to achieve a systematic inter-relation of facts. In the scientific method, logic aids in formulating propositions explicitly and accurately so that their possible alternatives become clear. The scientific method is, thus, a method used by science. Science rests on reason (rationality) and facts. Science is logical, empirical, and operational. The scientific method is, therefore, based on certain postulates and has certain characteristics. They are: (i) it is logical, i.e.

it is concerned with proof based on reason, (ii) it is empirical, i.e. theories are rooted in verifiable facts, (iii) it is operational, i.e. it utilizes relevant terms/concepts that help in quantification and conclusion, (iv) it is committed to only objective considerations, (v) it pre-supposes ethical neutrality, i.e. it aims at nothing but making only adequate and correct statements about population objects, (vi) it is propositional, i.e. it results into probabilistic predictions that can be proved or disproved, (vii) its methodology is public, i.e. it is made known to all concerned for critical scrutiny, testing/retesting of propositions, (viii) it tends to be systematic, i.e. indicates

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relationship and organization between the facts and propositions, and (ix) it aims at theorizing, i.e.

formulating most general axioms or scientific theories.

The scientific method implies an objective, logical and systematic perspective, i.e. a method free from prejudice to ascertain demonstrable qualities of a phenomenon capable of being verified, a method wherein the researcher is guided by the rules of logical reasoning.

The methodology is discussed during other courses, so here, there is only a reminder of some basic information:

The term ‘research methods’ refers to all those methods and techniques that are used by a researcher in conducting his research. The term, thus, refers to the techniques or tools employed by a researcher for collecting and processing of data, establishing the relationship between the data and unknown facts, and evaluating the accuracy of the results obtained: methods which are concerned with the collection of data; statistical techniques and methods which are used to evaluate the accuracy of the results obtained. In other words, research methodology is a set of rules of procedures about the way of conducting research. It includes in it not just a compilation of various research methods but also the rules for their application (in a given situation) and validity (for the research problem at hand).

The methods you use will define the type of research you do. The major aim of the research is to explore, to describe and explain which is, in fact, also the three stages.

Exploratory Research Descriptive Research Explanatory Research Research

approach used Unstructured Structured Highly structured

Research conducted through

Asking research questions Asking research questions By using research hypotheses.

When is it

conducted? Early stages Later stages Later stages including the last one

1. Comparison of research stages (author)

The following major pairs may be mentioned but it is to be noted that in a high-level comprehensive research work all are in different percentages present.

 Descriptive-analytical

Descriptive research focuses on expanding knowledge on current issues through a process of information collection. The researcher studies and understands the context in which the documents are written and then tries to draw meaningful inferences from it. This is the basis of all legal research. Analytical research is an advanced form of a description as it tries to solve a concrete problem by describing its legal background and by doing so, make analysation (usage of interpretation techniques) to answer it.

 Applied-fundamental

Fundamental research, also known as basic research or pure research does not usually generate findings that have immediate applications in a practical level. Fundamental research is driven by curiosity and the desire to expand knowledge in a specific research area. This type of research makes a specific contribution to the academic body of

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phenomenon, and the philosophy of this type of studies can be explained as ‘gathering knowledge for the sake of knowledge’. Fundamental research mainly aims to answer the questions of why what or how and they tend to contribute to the pool of fundamental knowledge in the research area.

Opposite to fundamental research is applied research that aims to solve specific problems;

thus, findings of applied research do have immediate practical implications.

 Conceptual – Empirical

Conceptual research focuses on the concept or theory that explains or describes the phenomenon being studied. The conceptual researcher sits at his desk with a pen in hand and tries to solve these problems by thinking about them. The conceptual researcher does no experiments but may make use of observations by others since this is the mass of data that he is trying to make sense of. The empirical researcher does the opposite.

 Qualitative-quantitative

Qualitative research is a structured way of collecting data and analysing it to conclude.

This method not only helps a researcher understand what participants think but also why they think in a particular way.

Quantitative deal with numbers and measurable forms. It uses a systematic way of investigating events or data. It is used to answer questions in terms of justifying relationships with measurable variables to either explain, predict, or control a phenomenon.

Quantitative data is all about numbers.

3.4. Role of hypothesis

It not only navigates research in a proper direction but also contributes to testing or suggesting theories and describing a social or legal phenomenon.

 Role of hypothesis in navigating research Once a researcher knows what is his hypothesis is, he can easily make predictions about its possible answers or explanations and proceed further to seek those answers or explanations. A hypothesis serves as a sound guide to (i) the kind of data that must be collected to answer the research problem; (ii) how the data should be organized most efficiently and meaningfully, and (iii) the type of methods that can be used for analyzing the data.

 Role of ‘tested’ hypothesis when it is empirically tested (or not), the initially assumed relationship between the concepts or variables becomes a proved fact. Once a hypothesis is established, it ceases to be a hypothesis. In this sense, a hypothesis also performs the following significant functions:

 To test theories: A theory, as mentioned earlier, is not mere speculation, but it is built upon facts. It is a set of interrelated propositions or statements organized into a deductive system that explains some phenomenon. Therefore, when a hypothesis is ‘tested’, it not only supports the existing theory that accounts for a description of some social phenomenon but also in a way ‘tests’ it.

 To suggest new theories: it is, however, likely that a hypothesis, even though related to some existing theory, may, after tested, reveal certain ‘facts’ that are not related to the existing theory or disclose relationships other than those stated in the theory. It does not support the existing theory but suggests a new theory.

 To describe the social phenomenon: Each time a hypothesis is tested empirically, it tells us something about the phenomenon it is associated with. If the hypothesis is empirically supported, then our information about the phenomenon increases. Even if the hypothesis is refuted, the test tells us something about the phenomenon we did not know before.

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 To suggest social policy: A hypothesis, after its testing, may highlight such ‘ills’ of the existing social or legislative policy. In such a situation, the tested hypothesis helps us in formulating (or reformulating) a social policy. It may also suggest or hint at probable solutions to the existing social problem(s) and their implementation.

3.5. Formulating hypothesis

It is not easy to formulate a usable or workable hypothesis.

 A hypothesis should be conceptually clear. Formal definition of the concepts will clarify what a particular concept stands for, while the operational definition will leave no ambiguity about what would constitute the empirical evidence or indicator of the concept on the plane of reality. An undefined or ill-defined concept makes it difficult or rather impossible for the researcher to test his hypothesis as there will not be any standard basis for him to know the observable facts. However, a researcher, while defining concepts, should use, as far as possible, the terms that are communicable or definitions that are commonly accepted. It should be stated as far as possible in most simple terms so that it can easily understand all concerning and should not create a private world of words’.

 A hypothesis should be specific. No vague or value-judgmental terms should be used in the formulation of a hypothesis. It should include a clear statement of all the predictions and operations indicated therein and they should be precisely spelt out. It helps to increase the validity of results because the more specific the statement or prediction, the smaller the probability that it will be borne out as a result of mere accident or chance. A researcher, therefore, must remember that narrower hypothesis is generally more testable.

 A hypothesis should be empirically testable. A hypothesis, as, stated earlier, should be formulated in such a way that it should possibly be to empirically verifiable. It should be possible to deduce certain logical deductions and inferences about it. Therefore, a researcher should take utmost care that the hypothesis is not concepts or variables that are loaded with moral judgments or values. Such statements as ‘criminals are no worse than businessmen’, ‘capitalists exploit their workers’, ‘bad parents get bad children’, ‘bad homes breed criminality’, or ‘pigs are well named because they are so dirty’ can hardly be usable hypotheses as they do not have any empirical referents for testing their validity.

 A hypothesis should be related to available techniques. A researcher who does not know what techniques are available to him to test his hypothesis cannot test his hypothesis. The ignorance of the available techniques makes him weak in formulating a workable hypothesis.

A hypothesis, therefore, needs to be formulated only after due thought has been given to the methods and techniques that can be used for measuring the concepts or variables incorporated in the hypothesis.

 A hypothesis should be related to a body of theory or some theoretical orientation A researcher, through testing his hypothesis, intends to contribute to the existing fact, theory or science. A hypothesis related to a body of theory or having some theoretical orientation can only contribute to the development of science. A hypothesis, therefore, must be capable of being brought into the accepted body of knowledge.

4. Fact-finding and literature review

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Sources are the essential bricks of your research. Your works shall be built on basic sources of information (primary sources) and must be chiselled by other people’s works (secondary and tertiary sources) to fit in the existing scientific world while it contributes to its development.

However, when you study a topic (do the basics of research) and you write your research works (produce your results), the order of the sources is different.

When you start to explore the topic, you usually start from the tertiary to the secondary, and when you produce your work, you lay your fundamentals by the primary sources.

Primary Secondary Tertiary

Definition

The original source of information; raw data;

legislative text

Interviews, speeches, database info;

newspaper articles written at the time (news); legislative texts; legal cases (judicial decisions; authority decisions); simple case studies, scientific journal articles, laboratory data; minutes of meetings, protocols;

original manuscripts documents; original research; photographs; religious documents;

technical reports; works of fiction, poetry, drama...

Where to find books, monographs, Gray literature, scholarly journal, peer-reviewed journals

2. Sources of information for research work (author)

There is a fourth category, the so-called Gray (=grey) literature: these are source material(s) not available through the usual systems of publication (e.g. books or periodicals) and distribution, such as conference proceedings; data exchange; dissertations/theses; environmental impact statements; government documents and publications; market research reports; online documents;

oral presentations; technical reports; working papers, business/industry publications.

11 4.2. Role of (legal) literature

Although the most important basis of the research is primary sources, legal literature is important both as a primary and secondary source.

It enables you to:

 investigate previous research and find out what’s been done before

 consider theoretical frameworks

 identify ‘gaps’ in existing knowledge to find out if your study is worth doing

 determine/clarify/justify your research question/problem

 select the most appropriate methodology

Importantly, a literature review sets the context for your study and provides the framework for interpreting the results of your study.

4.3. Quality of literature and the trustworthiness of the information

Research results can be published in various ways, e.g., as articles in journals, as research reports, dissertations, books. As regards journals, it is important to distinguish between scholarly, popular and other types of journals, e.g., trade magazines. There are many different publishers and various target groups. Especially the difference between a scholarly journal and a popular magazine is not always easy to determine at first glance or to determine if a trade magazine may contain scholarly articles. To determine the quality and reliability of a scientific publication you need to know if the document has been reviewed by other researchers to ensure the highest levels of academic merit, research value, quality, and accuracy. The publishing in the journal is usually preceded by a thorough examination, known as peer review, of the content and format of the article. The journal has an editorial board or advisory board, consisting of researchers within the journal's subject field.

These researchers review submitted articles and assess the scientific quality of the article. They evaluate the method, the observations, the conclusions, and the scientific theory approach. They assess if the author's conclusions are supported by the presented result and if they can be related to the purpose of the research. They also assess if the article is written in such a fashion that it is easy to follow how the researcher has worked to get these results. If anything is unclear the

These researchers review submitted articles and assess the scientific quality of the article. They evaluate the method, the observations, the conclusions, and the scientific theory approach. They assess if the author's conclusions are supported by the presented result and if they can be related to the purpose of the research. They also assess if the article is written in such a fashion that it is easy to follow how the researcher has worked to get these results. If anything is unclear the

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