Research Methodology

Data Collection
Data Analysis
 Research Methodology
• Purpose: provide sufficient information about
how the study is planned to be carried out
 Research Methodology
vs
Research Method
• Method – ways & means for locating, collecting and
analyzing information. Consist of techniques for
collecting and evaluating facts & info. Strategy used to
implement the plan
• Methodology – broader and wider. Refers to various
methods adopted in conducting research, including
rationale/reasons for adopting selected
method/technique.
• “the broad scheme of ideas behind researcher’s work”
Clarifies:
• Research design
comparative, exploratory, explanatory,
descriptive, case study, historical, etc.
• Research approach
qualitative/quantitative/mixed-mode
• Method of data collection: primary
data/secondary data
• Method of recording/coding data (if
applicable)
• Method of data analysis: legal analysis,
comparative analysis, critical analysis, content
analysis, discourse analysis
 Research design
• The design of your study. How u will conduct
your research.
• Your plan to answer your RQ – ‘Strategy of
Inquiry’
• comparative, exploratory, explanatory,
descriptive, case study, historical,
ethnography???
• Refer to Week 1 notes.
 Research Approach
1. Qualitative
2. Quantitative
3. Mixed Mode Approach (Combining qualitative and
quantitative)

Qualitative
- does not deal with numerical data in its research
- involves the collection of data in the form of words,
sentences, photos, symbol and images (soft data)
- relies more on the principles from interpretative or
critical social sciences.
- aims at the analysis of a complete, thick and detailed
description.
- Doctrinal, socio-legal, medico-legal
E.g:
This thesis uses doctrinal legal research to analyse the injustices
arising from the operation of the privity doctrine.
Being legal research, the research approach is purely qualitative.
Though often considered as non-empirical and less rigorous
compared to quantitative research, qualitative research is more
suitable for legal research as it is more in-depth and flexible. Such
depth and flexibility are important as they give more room for
critical analysis prior to providing a recommendation for reform of
the doctrine of privity in Malaysia.
In conducting this legal research, this thesis is using a comparative
approach. The comparative approach is used to compare and
contrast the law one country to another. Besides that, historical
approach and jurisprudential approach are also used. The historical
approach is used to trace the development of the privity doctrine in
Malaysia. A jurisprudential approach is used to critically analyse
various theories underlying the privity doctrine.

Note: research design AND research approach

 Quantitative
• involves the collection of data in the form of numbers
(hard data)
• “information about the world in the form of numbers”
• The aim: to classify features, count them, and
construct statistical models in an attempt to explain
what is observed
• To count how frequently something happens, or the
patterns of occurrence of social behaviour (e.g. no of
persons arrested for drug abuse in last 2 years)
• relies more on an objective positivist principles that are
based on hyphotheses, variables, and statistics in a
generally large scale; but without much depth
• Uses methods such as interviews,
questionnaires, measurements
(counting/scaling).
• Often presents the results in the form of
statistical tables and graphs
 Qualitative Doctrinal Legal Research
• Mostly: problems, policy, law reform, doctrinal,
theoretical.
• Methodology? Very specific
• Primary: Relevant legislation, cases
• Secondary materials: articles databases, textbooks,
legal encyclopaedias – Hansard, case citators,
annotated statutes, periodical digest, etc.
• If Socio legal aspect: + interviews, questionnaires,
observations. (mix method)
• Doing the review and synthesising the results.
 Non-Doctrinal Legal Research
• 5 requirements:
- Specific research questions
- Defined and justified sample
- Valid Data collection
- Appropriate analytical methods
- Interpretations based on the data.
 DATA COLLECTION
• Identify the sources of data involved in your
research
• Tools and Techniques for Collection of Data:
- Primary and Secondary Sources
- Observation Method
- Questionnaire • Interview • Case study •
Sampling, Focus Group Discussion
 Doctrinal Empirical
-qualitative
-quantitative

Sources Primary Primary:

- Legislation - original data collected by the researcher
(+delegated himself for his study (first-hand data
legislation) structures).
- Judicial decisions -generated and obtained from a direct outcome
of the actual experience that is recorded by the
researcher
Secondary Secondary data:
- Reports -the data obtained from historical information
- Treaties or the field work such as company’s policy,
- Articles company’s annual report, terms and conditions,
- Newspaper financial statements, Bank Negara Report,
- Legal dictionaries newspaper and statistics.
- Textbooks
 Methods of data collection
• Shd specify what method(s) will be used
• Library based, Interviews, questionnaires, observation,
focus group discussion, survey, etc
• Details must be provided..e.g. mode of distribution of
questionnaires, the planned length of interview,
geographical area of study, number of subject
(respondent), their attributes (who are they)
• Should describe method of selection of the subjects
(sampling) – “not possible to study
everyone/everything”
• Sample refers to a small set of cases selected by the
researcher from a large pool and generalizes it to the
population
 Doctrinal Empirical
-qualitative
-quantitative

Sampling - Qualitative
1. Purposive sampling
This technique is based on a purposeful selection of
cases in which, particular settings, persons or
activities were selected deliberately in providing data
that “can’t be gotten as well from other choices”
(Maxwell, 2005).

2. Snowball sampling
This technique relies on referrals from initial subjects
to generate additional subjects. Thus, samples are
built through referrals (O’Leary, 2010)
 Doctrinal Empirical
-qualitative
-quantitative

Sampling - Quantitative
1. Simple Random sampling
Involves identifying all elements of a population,
listing those elements, and randomly selecting from
the list.

2. Systematic sampling
Involves selecting within a defined population.

3. Stratified sampling
Involves a dividing your population into various
subgroups and taking a random sample within each
one. Ensures your sample represents key subgroups
of the population such as males and females or
managers and non-managers.
 Interview method
• Structured – formal/guided. Researcher knows exactly
what information is needed.A set of questions,
arranged in logical order. Questions are predetermined
and the same questions are posed to every
respondent.
• Unstructured – informal/non-guided manner.
- No planned sequence/order of questions.
- Objective: is to collect info on some preliminary issues,
to enable the researcher to formulate ideas for in-
depth investigation.
- General information is needed.
- Open-ended questions are asked.
• Semi-structured – researcher selects a few
topics and follow certain guidelines, but there
are no set questions.
- Respondent is asked to talk freely around each
topic.
- More formal than unstructured interview.
 Questionnaire method
• A device for securing answers to questions by
using a printed form which the respondents
fills in.
• Contains a set of question to be answered by
respondent

Constructing a questionnaire:
- Relevance of the study to the respondent.
- Relevance of questions to the study.
Relevance of the study to the respondent.
- Study must be interesting and has
academic/social value.
- Researcher shd clearly explain and justify the
objectives of the study and questionnaire.
- Thus..use cover letter to serve these purposes.
Relevance of questions to the study.
- each qs shd be relevant to the study.
- Must be framed with the aim of obtaining
information the researcher needs.
- “if u cannot decide in advance how the data will
be used, do not ask the question.”
Types of questions:
Open-ended (free response)
What do you think is the main factor in drug abuse among
young people?

Closed ended ( fixed-alternative response). E.g.: multiple

choice (list the factors)
- e.g. How would you rate the performance of ….?
poor, below average, above average, excellent?
Or
Thermometer-type response scale

Very seldom very frequently

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 Data Management
Recording
- Interviews need to be recorded with the permission from the
respondents (audio recording, video recording, field notes,
transcription, log book)
• Transcribing
- The interview conservation needs to be transcribed word for
word in order to ensure the reliability and validity of data.
• Coding
- The data will be coded into the respective coding/themes.

- * not applicable for doctrinal study.

 Data Analysis
A process of examining, summarising and drawing
conclusions from the info contained in the data collected.

Types of data analysis in legal research:

- legal analysis
- comparative analysis
- content analysis
- discourse analysis
- statistical analysis
- critical analysis
- Statutory analysis
- Behavioral/Process Analysis
- Policy analysis
• Statutory analysis: analysis of substantive law, procedural
law
• Doctrinal analysis: analysis of ratio decidendi, obiter dictum
• Comparative analysis: finding similarities, differences,
special/unique feature of data samples
• Content analysis: analysis of texts/documents
• Policy analysis: analysis of substantive/procedural policy
• Discourse Analysis: analysis of conversation derived from
interview
• Critical analysis: positivist (what is), normative (what
ought)
• Behavioral/Process Analysis: inferences/finding/conclusion
that the researcher made following his/her observation on
the event, activity, behavior, phenomena, practice, process

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Data Analysis:
i) Primary Data*:
• Interview : discourse analysis
• Survey : statistical analysis
• Observation : behavioral analysis/
process analysis

* Raw data collected

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**For Quantitative : Statistical analysis
• Raw data collected, edited, coded and entered
into the computer..they are ready for analysis
• Uses computer software. E.g. SPSS
Data Analysis:
ii) Secondary data:
Primary legal resources:
• Statutory analysis (legal analysis of statutes)
• doctrinal analysis (legal analysis of case laws)

Secondary legal resources:

• Content analysis (texts, documents),
• Policy analysis (policy)

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 Chapter Outlines
• Chapter 1: Introduction
• Chapter 2: ??
• Chapter 3: ??
• Chapter 4: ??
• Chapter 5: ??
 Under this element : Research
Methodology
• Research Approach
• Research Design
• Data Collection
• Data Recording (if applicable)
• Data Analysis
• Chapter Outlines