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Law

Research Methods

Understanding research methods is fundamental for success in the legal field. Whether you're analysing case law, evaluating the impact of legislation, crafting persuasive arguments, or conducting in-depth legal research, a strong foundation in research will empower you to excel in your legal studies and career. This overview introduces you to different approaches and resources that will enhance your legal research skills.

Overview of Research Methods

  • Qualitative Methods: Gain in-depth insights into legal reasoning, judicial decision-making, and the social impact of laws through case law analysis, content analysis of legal documents, and interviews with legal experts and stakeholders.
  • Quantitative Methods: Analyse numerical data to identify patterns in legal outcomes, assess the effectiveness of legal interventions, or evaluate the impact of court decisions using statistical analysis and empirical legal studies.
  • Mixed Methods: Combine qualitative and quantitative approaches to gain a comprehensive understanding of complex legal issues, such as the relationship between law and social inequality, the impact of legal reforms on marginalised communities, or the effectiveness of different legal remedies.
  • Desk-Based/Literature-Based Research:
    • Doctrinal Research: Thoroughly examine legal doctrines, principles, and rules through the analysis of primary sources like statutes, case law, and regulations.
    • Comparative Legal Research: Compare and contrast legal systems, laws, and regulations across different jurisdictions to identify patterns, differences, and best practices.
    • Legal History Research: Investigate the historical development of legal principles and institutions to understand their current context and potential future implications.

Selecting the Right Method(s)

The most appropriate research method(s) will depend on your research question, goals, and available resources.

  • Research Question: Are you exploring the legal basis for a particular argument? Examining the effectiveness of a specific law or policy? Investigating the historical context of a legal issue?
  • Research Goals: What do you hope to achieve? Do you need to provide a legal opinion, draft legislation, advocate for policy change, or contribute to scholarly legal discourse?

Resources for Mastering Legal Research Methods

  • Library Search: Seek out books and ebooks on legal research methods, legal writing, and specific areas of law relevant to your research interests.
  • Library Databases: Use legal databases like Westlaw, Lexis, and HeinOnline to access case law, statutes, regulations, law review articles, and other legal resources.
  • Library Guides: The library has a number of guides on research topics, including research ethics, literature reviews, finding primary sources (like government documents and historical archives), and more.
  • LinkedIn Learning: LinkedIn Learning contains a wide range of videos and online courses on research design, data collection, and analysis.
  • Online Courses: Platforms like FutureLearn, Coursera, edX, and Udemy offer courses on research methods, legal writing, and specific legal research methodologies.

Research in the legal field increasingly relies on data analysis to understand complex legal trends, the impact of legislation, judicial decision-making patterns, and the effectiveness of legal interventions. This section equips you with essential knowledge about key data sources and tools for analysing information relevant to legal research.

Key Datasets for Legal Research

  • Case Law Databases: Access vast collections of court decisions from various jurisdictions through platforms like Westlaw and Lexis to analyse legal precedents, judicial reasoning, and legal arguments.
  • Legislative Databases: Explore legislative texts, including statutes, regulations, and bills, from sources like Legislation.gov.uk, the US Congress website, or EUR-Lex (for EU legislation) to understand the legislative process and the impact of laws.
  • Empirical Legal Studies (ELS): Examine datasets in articles from journals like the Journal of Empirical Legal Studies that use quantitative methods to analyse legal phenomena, such as the impact of different sentencing guidelines on crime rates or the effect of tort reform on litigation outcomes.
  • Public Opinion Surveys: Analyse data from surveys like the General Social Survey or the British Social Attitudes Survey to understand public perceptions of legal issues, attitudes towards legal institutions, and support for legal reforms.
  • Government Statistics: Use data from government agencies like the Ministry of Justice, the Home Office, or the Bureau of Justice Statistics to explore crime statistics, prison populations, court caseloads, and other relevant data.

Finding and Accessing Data

  • Legal Research Guides: Consult research guides (like this one) from your library or online resources like The Law Society to learn how to effectively search for and access legal data and information.
  • Open Data Portals: Explore open data initiatives like data.gov.uk (UK) or Data.gov (US) for publicly available datasets on legal topics, such as court statistics or government spending on legal aid.
  • Legal Databases: Use library databases like HeinOnline or JSTOR to access law review articles, legal treatises, and historical legal documents.

Data Analysis Tools and Software

  • SPSS: Widely used statistical software for analysing quantitative data on legal trends, conducting regression analysis, and testing hypotheses related to legal outcomes.
  • NVivo: A qualitative data analysis software for organizing and analyzing legal documents, interview transcripts with legal professionals, and other textual data sources.
  • R: A free, open-source programming language for more advanced statistical modeling, text mining of legal documents, and network analysis of legal citations and judicial relationships.
  • Excel: A versatile tool for basic data analysis, visualisation, and reporting of legal data.

As a sociology student, it's essential to be aware of ethical considerations in research and to maintain academic integrity.

Ethical Considerations in Sociological Research

  • Informed Consent: Ensure participants understand the purpose of your research, the procedures involved, and their right to withdraw at any time.
  • Confidentiality and Anonymity: Protect the privacy of your participants by keeping their information confidential and ensuring their anonymity in your research findings.
  • Potential Harm to Participants: Consider any potential risks or harms to participants, both physical and psychological, and take steps to minimise them.

Avoiding Plagiarism

  • Proper Citation and Referencing: Always give credit to the original authors of the ideas, theories, and data you use in your research. Use a consistent referencing style (e.g., OSCOLA) and cite all sources correctly.
  • Plagiarism Detection Software: Familiarise yourself with plagiarism detection software like Turnitin to check your work for unintentional plagiarism.

Resources for Ethical Research Practices

  • College Ethics Committee: Consult your college's ethics committee for guidance and approval before conducting research involving human participants.
  • University Policies and Guidelines: Review the university's policies on research ethics and academic integrity.
  • Library Guides: The library has a number of guides on research topics, including ethics, literature reviews, open access, and more.