LEGAL RESEARCH METHODOLOGY

Haramaya University
College of Law
By Tariku A
2017/18

Law of persons by Tariku A

 CHAPTER ONE: INTRODUCTION
“All progress is born of inquiry. Doubt is often better than overconfidence, for it
leads to inquiry, and inquiry leads to invention. ”Hudson
Q) What is Research?
Research is ‘a careful study of a subject, especially to find or discover new facts
about it’ Oxford Dictionary,
Research seeks to get new knowledge. So what is the new knowledge out there
to be known?
It could be social reality or physical,
Q) but is there any social or physical reality out side of our mind OR does this social
or physical reality is the creation of our mind?
“Research is ‘The systematic investigation into and study of materials and sources
in order to establish facts and reach new conclusions” blacks law dictionary.
 INTRODUCTION, CONT
So it is systematic investigation towards increasing the sum of human knowledge
The process of identifying and investigating a fact or a problem purpose to
acquire an insight into it or finding an apt solution for it.
we undertook research to find an answer, a solution, a result and the
Of course knowledge can be gained from research, media or authority.
Q)But question is what make the knowledge gained from research diffirent?
The knowledge found from research advance to certain steps or follow certain
steps and
those steps are accepted as scientific in various discipline so in research we
get new knowledge systematically.
An approach becomes systematic when a researcher follows certain scientific
methods
 INTRODUCTION
Q) What is Legal Research?
Legal research is the process of identifying and retrieving information necessary to
support legal decision-making.
Legal research is systematic finding law on a particular point and making
advancement in the science of law
So legal research involves a systematic search of legal materials, statutory,
subsidiary and judicial pronouncements.
As law attempts to shape or change the existing social values and attitudes,
understanding of law and its operational facets is so crucial
Therefore, systematic investigation of law helps to know the existing & emerging
legislative policies, their social relevance and efficacy,
Legal research will also help for the development of law and legal institutions
 LAW AND SOCIETY: MUTUAL RELATIONSHIP &
INTERACTION
Q) What is the relationship between law and society?
Societal values and norms, directly or indirectly, influence law and Law also
endeavors to shape and control these values, attitudes and behavioral patterns.
Law attempts either to support the social system or to change the prevalent social
situation or relationship by its formal processes.
Therefore, Law can be perceived as symbolizing the public affirmation of social
facts & norms as well as means of social control & an instrument of social change
Q) What is Law?
Law, is a normative & prescriptive science which lays down norms & standards
for human behavior in a set of specified situations.
It is a rule of conduct or action prescribed or formally recognized as binding or
enforced by a ‘controlling authority
 LAW AND SOCIETY: CONT.,
However, the societal values and patterns are dynamic and complex. Hence,
these changing societal values make the discipline of law dynamic & complex
Therefore, to cup up with such changing societal value, Law has to be dynamic.
In a modern welfare state, Law is an effective instrument form socio-economic
transformation.
Legal research or systematic investigation of law helps to assess efficacy of law as
an instrument of socio-economic changes
This is true since Law has a social context and Law without its social context is
simply a noteworthy mental exercise.
That is why S.P Simpson in his book “Law and the Social Sciences” said
“Law without social content or significance is law without flesh, blood or
bowels”
LEGAL SYSTEM: A SYSTEM OF NORMS AND SOCIAL
SYSTEM
A system of law can be conceptualized in three principal ways.
1st, as a normative system, it can be conceived as an aggregate of legal norms
2nd, as a social system, it can be conceived as systems of social behavior, of
roles, statutes, and institutions, as involving patterned interactions between the
makers, interpreters, breakers, enforcers, and compliers of the norms of law. &
3rd, as a combination of formal and non-formal norms of social control, it
may be equated with social control systems, involving differential bases of
social authority and power, different normative requirements and sanctions,
and distinctive institutional complexes
However, each one of these dimensions of ‘legal system raise d/t queries for
investigation and set different orbits for inquiry.
Q) What possible question could be raised on such dimensions of legal system?
 LEGAL SYSTEM: CONT.
Legal system, as an aggregate of legal norms, raises and answers a questions such
as,
How is law generated & What forces in society influenced or created law ?
By what concepts and criteria can we identify the existence of a legal system?
As a social system, it may also study the institutional behavioral patterns and roles
of different stake holders like
Lawmakers and interpreters, law enforcers & breakers or law-compliers and
their influence, individual or cumulative, in the legal system and legal processes
As a combination of formal and non-formal norm, it addresses
the inter-relationship (it could be supportive or otherwise) b/n the formal/legal
rules and informal/non-legal rules
i.e., informal rules such as religious, indigenous, or customary norms in
shaping law as social control system.
 LEGAL SYSTEM: CONT.
Q)Does this all three dimensions of legal systems are the concern of Legal
Research?
Traditionally, the 1st dimension of legal system, namely law as a system of
norms, is the domain of academic lawyers;
The second one, i.e. law as a system of social behavior is the domain of
sociologists, and
the third one is the domain of social anthropologists
But currently, the perception is that all these three dimensions of a system of law,
in ultimate analysis, broadly speak about the normative character of law
It treats law as a means to define an end become subject of legal research
 ROLE OF LAW IN A PLANNED SOCIO-ECONOMIC
DEVELOPMENT
A contemporary modern state, law plays a catalyst role to bring socio-economic
transformation (where it is envisaged in its Constitution)
It strives to bring such a transformation through a cluster of social welfare
legislations enacted in pursuance of its constitutional objectives, policies and
perceptions.
For instance, our constitution under art 89, 90 and 92, states the mega economic,
social & environmental objectives, By providing to all Ethiopians
equal opportunity to improve their economic conditions and to promote
equitable distribution of wealth among them
deploy land and other natural resources for the common benefit of the People
and development
By protecting and promoting the health, welfare and living standards of the
working population of the country w/c reveals the role of law in accomplishing
them
LEGAL RESEARCH METHODOLOGY

Chapter Two
LEGAL RESEARCH

Law of persons by Tariku A

 LEGAL RESEARCH
Meaning of Research
Research is the careful, diligent & exhaustive investigation of a specific subject
matter’ with a view to knowing the truth and making original contribution in the
existing stock of knowledge.
It is, in short, ‘systematic search’ in ‘pursuit of knowledge’ of the researcher
Q) Is all search for a knowledge is research?
NO a Mere aimless, unrecorded, unchecked search is not research which can
never lead to valid conclusions
Research refers to the process and means to acquire knowledge about any natural
or human phenomenon which involves a systematic inquiry and
only systematic intensive investigation into, or inquiry of, fact qualifies to get
the label of ‘research’.
 Objectives of Research
The purpose of research is to acquire knowledge or to know about something
(getting knowledge) in a scientific and systematic way or to find solution to the
identified problem (aims at finding or discovering solutions ).
The former is referred to as Basic or Pure or Fundamental research while the
latter refers to Applied or Action research
In general research has the followings broad categories of ‘research objectives
1. To gain familiarity with a phenomenon or to achieve new insights into it
2. To show accurately the characteristics of a particular individual, situation or a group.
3. To determine the frequency with which something occurs or with which it is associated
4. To test causal relationship between two or more than two facts or situations
5. To know & understand a phenomenon with a view to formulating the problem precisely
6. To describe accurately a given phenomenon and to test hypotheses about relationships
among its different dimensions
 Research and Scientific Method
Scientific method attempts to achieve ‘this ideal by experimentation, observation
or logical arguments from accepted postulates and a combination of these three in
varying proportions
In scientific method, logic aids in formulating propositions explicitly and
accurately so that their possible alternatives become clear,
experimentation, survey or investigations, is also constitute the integral parts
of scientific method.
Therefore, research is scientific not b/c of its material rather its b/c of its method
The scientific method is, thus, a method used by the science and Science rests
on reason/rationality and facts.
It is also logical, empirical and operational
Scientific method implies an objective, logical & systematic method
 TYPES OF RESEARCH
A. Descriptive vs. Analytical Research
Descriptive research describes the state of affairs as it exists at present.
It merely describes the phenomenon or situation under study & its
characteristics. (aims in fact findings)
It reports only what has happened or what is happening.
Therefore it does not go into the causes of the phenomenon or situation
It commonly uses survey of all kinds as its methodology, including
comparative and co-relational methods, and fact-finding enquiries of different
kinds
Thus, descriptive research cannot be used for creating causal relationship
between variables
On the other hand in analytical research, the researcher uses his facts or
information already available and and establish causal relationships
makes their analysis to make a critical evaluation of the material.
 TYPES OF RESEARCH, CONT.
B. Applied vs. Fundamental Research
Applied/Action research aims at finding a solution for an immediate problem.
In applied/action research, the researchers are concerned with practical context
while in fundamental/pure/basic research, the researcher is mainly concerned
with generalization and with the formulation of a theory
The central aim of applied research is to discover a solution for some pressing
practical problem,
Fundamental research aims to find additional information about a phenomenon
and thereby to add to the existing body of scientific knowledge.
However, this distinguishing factor b/n applied & fundamental research need not
be conceived as a line putting them distinct forever or an either-or dichotomy
They are not mutually exclusive & there is a constant interplay between the two,
each contributing to the other in many ways.
 TYPES OF RESEARCH, CONT.
C. Quantitative vs. Qualitative Research
Quantitative research is based on the measurement of quantity or amount and
applicable to a phenomenon that can be expressed in terms of quantity
The objective of quantitative research is to develop and employ mathematical
models, theories and hypotheses pertaining to the phenomenon under inquiry
The process of measurement is central to quantitative research b/c it provides
fundamental connection b/n empirical observation & mathematical expression
of quantitative relationship
Qualitative research, on the other hand, is concerned with qualitative
phenomenon, i.e. phenomenon relating to or involving quality or kind
Unlike quantitative research, qualitative research relies on reason behind various
aspects of behavior.
Examples of qualitative research is when a researcher is interested in
investigating the reasons for, or motives behind, certain human behavior
 TYPES OF RESEARCH, CONT.
D. Conceptual vs. Empirical Research
Conceptual Research is related to some abstract idea(s) or theory
It is generally used by philosophers and thinkers to develop new concepts or to
re-interpret the existing ones.
Empirical/Research, on the other hand, relies on experience or observation alone,
often without due regard for system or theory.
It is data-based research, coming up with conclusions that are capable of being
verified by observation or experiment, not Abstract.
It is therefore also known as Experimental Research
In Empirical Research, it is necessary to get facts firsthand, at their source and the
researcher must first provide himself with a working hypothesis or guess as to the
probable results.
He then works to gets enough facts (i.e. data) to prove or disprove his hypothesis.
 RESEARCH METHODS AND RESEARCH
METHODOLOGY
Q) what is the d/c and similarities b/n research methods and research methodology?
Research methods refers to all those methods and techniques that are used by a
researcher in conducting his research.
 Research methods are the tools and techniques used for collection & analysis of
date or it refers to the methods, 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.
In general Research methods can be put into the following three groups:
a) The methods which are concerned with the collection of data (when the
data already available are not sufficient to arrive at the required solution)
b) The statistical techniques (which are used for establishing relationships b/n
the data and the unknowns
c) The methods which are used to evaluate the accuracy of the results obtained
 RESEARCH METHODS AND RESEARCH
METHODOLOGY
Research methodology, on the other hand, refers to a way to systematically solve
the research problem.
 It is science of studying how research is done scientifically and involves a study
of various steps and methods that a researcher needs generally to adopt in his
investigation of a research problem along with the logic behind them.
 It is a study of not only of methods but also of explanation and justification
for using certain research methods.
A researcher, therefore, is required to know not only the research methods or
techniques but also the methodology,
as he needs to decide as well as to understand the relevancy and efficacy of the
research methods in pursuing the research problem at hand and
He needs to know the research methods & techniques that are most appropriate
to carry his investigation in a more systematic manner
 RESEARCH METHODS AND RESEARCH
METHODOLOGY
In general, a study of Research Methodology has the following advantages:
a) It inculcates in a researcher the ability to formulate his research problem in
an intelligent manner.
b) It inculcates in him objectivity in perceiving his research problem and
seeking solutions therefor.
c) It equips him to carry out his research in an efficient manner & in a better
way
d) It enables him to take rational decisions at every step of his research.
e) It enables him to design appropriate research techniques & to use them in
an intelligent and efficient manner
f) It enhances his ability to analyze & interpret data with reasonable objectivity
and confidence.
g) It enhances ability of the researcher and others to evaluate research findings
objectively and use the research results in a confident way.
h) It entails/requires a good research.
i) It enables him to find a satisfactory way of acquiring new knowledge
 LEGAL RESEARCH
Legal Research is systematic investigation towards increasing the sum of
knowledge of law, or a more specific definition is
“Legal Research is a systematic finding or ascertaining law on the identified
topic or in the given area as well as an inquiry into law with a view to making
advancement in the science of law”
Finding law on a particular subject is not an easy task due to existence of a number
of statutes (proclamations, regulations, orders, directives) with frequent amendments
A quest for making advancement in the science of law requires a legal researcher
to systematically probe into underlying principles of, and reasons for, law
Thus, legal research has a very wide scope as it involves an inquiry into one or
the other dimension or aspect of law.
Therefore, Legal Research is the process of identifying and retrieving information
necessary to support legal decision-making.
It includes each steps that begins with an analysis of the facts of a problem &
concludes with the application & communication of the results of the investigation
 SCOPE AND RELEVANCE OF LEGAL RESEARCH
In modern state, administrative process extended from making of laws to adjudication
Laws/legislations extended from primary legislation to secondary/delegated
legislation including; rules, regulations, orders, notifications, byelaws & directives
Administrative adjudication in the form of tribunals and quasi-judicial
conciliatory bodies
It also regulates trade, business, manages public-sector enterprises and exercises a
number of discretionary powers in a variety of ways and situations
Judicial process can also be an area of research.
Courts, at least in Common Law Jurisdictions, do not only interpret law but also
create law through their judicial pronouncements
Since Judges and Lawyers play a pivotal role in the decision-making process,
a study of social and educational background of judges/lawyers and of their training
carries is important to understand the decision-making process & judicial process
 SCOPE AND RELEVANCE OF LEGAL RESEARCH
The scope of legal research is very wide and it includes the systematic investigation
of law; law as an instrument of social engineering, and administrative decision
making process.
It may also see the interaction b/n the law and social & human behavior to
bring the desired changes or transformation
by Legal research, we will answers question like
Why is a legislation made or for what reasons or objectives?
What are its contemplated effects and its expected or actual success rate?
What are the forces, lobbies or pressure groups that activated the legislation or
opposed the legislation,
Why did the law become dysfunctional and
What corrective measures need to take to make it more effective?, etc
However, the scope of legal research is not limited only with the investigation of
law, it also include the study of how the law is interpreted and implemented
 TYPES OF LEGAL RESEARCH
Legal research can be classified as
1. Doctrinal Research- its a research into legal rules, principles, concepts or doctrines.
It involves a rigorous systematic exposition, analysis and critical evaluation of
legal rules, principles or doctrines and their inter-relationship.
It also concerns with critical review of legislations and of decisional processes
and their underlying policy.
2. Research in theory- It involves an inquiry into conceptual bases of legal rules,
principles or doctrines.
It provides stimulus and intellectual infrastructure for empirical research as well as
for advancements in law through legislative, judicial and administrative process.
3. Empirical investigations- It assesses impact of law and reveals the gap b/n legal
idealism & social reality. It study. the social, political, economic,.. implication of
law
4. Reform-oriented Research- It, based on empirical study & critical examination of
law, recommends changes in law and legal institutions.
 IMPORTANCE (PURPOSE) OF LEGAL RESEARCH
1) Ascertainment of law;
legal research is a systematic effort and it is required to ascertain or find law on
a given subject/topic.
However, finding law on a particular topic or subject is not a simple task, as it
needs the systematic search for all
primary and secondary laws or all legal instruments (including their
amendments) as well as judicial pronouncements
2) Highlighting inbuilt gaps and ambiguities;
No legal language or phrase can be perfect and be capable to take forever into
its ambit all the future contingencies and circumstances.
Sometimes, a provision may not fit into overall legislative intent of the Act or
match with its other provisions or provisions of other Acts.
Therefore, a legal researcher, through systematic analysis, may be able to highlight
these gaps and inbuilt weaknesses of the Act or its provisions
 IMPORTANCE OF LEGAL RESEARCH, CONT
3) Determining consistency, coherence and stability of law
A legal researcher, through critical examination of legal propositions, rules and
doctrines cam exhibit consistency & coherence or otherwise of a given law and
Such an analysis helps in the development of law, legal provision or doctrine,
as the case may be
4) Social auditing of law
Legal research is also necessary for taking pre-legislative social audit of law
as it helps to understand and appreciate the social forces that played significant
role in the making of given law in its present form.
Such an understanding enables us to know the social stakes that law intends to
protect or change and reasons therefor
it also enables us to predict future of the law
 IMPORTANCE OF LEGAL RESEARCH, CONT
5) Suggesting reforms in law
Legal research can offer concrete suggestions or proposals for reform or improvement
in the given law, By undertaking analytical, historical and comparative research
Therefore it suggest reforms in law by undertakings research intended
 To investigate ‘gap’ between the legal ideals and actual practice.
To understand effectiveness or impact of law in a given social set-up at a given
time.
To find out as to whether law is serving the needs of the society and has a social
value.
To make suggestions for improvements in the law on concrete formulations and
proposals.
To predict future trends of law
 WHO DOES LEGAL RESEARCH?
Anyone, who is curious to know something about a particular law and who is
willing to work hard to know it, can be a legal researcher.
Sociologist, an historian, a political scientist, a social anthropologist, an
economist, or a legal philosopher
However, as an occupational exercise, legal research needs to be undertaken by
Legislators, Judges, Lawyers, and Legal Academia (law teachers and students)
1. By a Legislator
Legislators have to decide the areas that are susceptible to legislative treatment and
Formulation of a legislative measure, generally, precedes a deliberate ‘finding’ of a
‘problem’ requiring legislative response.
Therefore, Lawmakers are expected, as a part of their professional commitment, to
make a systematic search for the possible alternatives including comparative studies &
to make a cautious assessment of probable Social response & Social
consequences
So, Such activities are obviously, a Research-exercise w/c may be done by legislators.
 WHO DOES LEGAL RESEARCH? CONT
2. By a Judge
A Judge, who acts as an arbiter, has to find the most relevant rules & principles of
law from statutes & statutory instruments argued by the contesting parties, and
to apply them to the controversy brought before him.
Therefore, Judges are expected to find propositions and principles of law and to
decide their propriety and applicability to the dispute at hand.
They are also expected to give reasons for picking up a rule as an appropriate
one and the logic behind it
Such exercise requires to make a search for applicable rule & legal principle.
An appellate judge, while upholding or reversing a judgment of subordinate court,
is also expected to make a search for true interpretation of the rule applied therein &
If necessary, to change the previous misconstrued rule or misinterpretation
However, most of the times Judge can’t ascertain law or legal principles or apply them
unless it invoked by the parties,
So Judges may be considered as passive’ legal researcher
 WHO DOES LEGAL RESEARCH? CONT.
3. By a Lawyer
A practicing lawyer, as profession, has to advise his clients & to plead cases on their
behalf in the court of law.
To make his arguments more effective & convincing, he has to explore & expound
the aims, objects, policy goals, & scope the applicable legal provision(s).
He may also required to give legal opinion on the matter referred to him by his client
In order to discharge these professional commitments, a lawyer has obviously to
engage himself in searching law, propositions of law, and precedent (if required)
However, the role of a lawyer as a researcher, compared with an academician, in
legal research is limited due to different reasons.
Most of the time, lawyers need to win the case, therefore, their search lacks a wider
perspective, objectivity and ability to develop the law and to make predictions about
law in his professional career.
Though there are some lawyers who are so objective and represent only the truth
(client with true claim) than the client (client with only money but not truth.
 WHO DOES LEGAL RESEARCH? CONT.
4. By a Law Teacher and Student of Law
Legal research is indispensable for legal academia (law teachers and students) and
they are required to undertake it as a part of their professional commitment
Legal research by a teacher equips him to develop and design a course he is required
to administer to his students & help him to contribute to the science of law in his area.
Most of the modern Law Schools and Law Universities, that have predominantly
designed their curricula on the patterns of American and British Law Schools,
require their students to undertake original research as one of the pre-requisites
for obtaining their degree - LL.B. and/or LL.M.
The role of Legislator, Lawyer & Judge as a legal researcher is limited & generally
they involved in legal research only to fulfill their professional responsibilities
But, for legal academia, undertaking legal research is part of their ……and it may
be mandatory requirements.
 SOURCES OF INFORMATION
1. Primary sources
The sources that contain original information & observations are known as
primary sources of information.
Such information can be collected directly from the persons having such
information or can be found in research papers published in legal periodicals/
journals, reports, theses and conference papers
Primary sources in legal research are the Constitution, National Gazette, which
publish Acts/Proclamations passed by Parliament (by State Legislature) as well as
Rules, Regulations, Statutory Orders, and Directives of Administrative Agencies,
and case reports that publish judicial pronouncements of different higher courts
All these sources contain rich original information/observations about the identified
research problem and they are indeed indispensable for any legal researcher
 SOURCES OF INFORMATION
2. Secondary sources
Secondary sources of information furnish the information derived from primary
sources and organize such information in a systematic manner and in a planned way.
These secondary sources include textbooks, treatises, commentaries on statutes,
abstracts, bibliographies, dictionaries, encyclopedias, indexes, reviews, &
thesaurus
Textbooks, legal treatises, and commentaries on statutes constitute significant
secondary sources of legal research by offering a researcher, proper idea of the
subject & by enabling him to find several other useful sources of information
Abstracts are brief statements of the contents of research articles published & it
provide a simplified key to find relevant studies from the vast literature on the
subject.
Indexes are alphabetical listing of subjects and/or authors of the literature included
 SOURCES OF INFORMATION
Bibliographies list books and related materials on a particular subject which contains,
Encyclopedia is a book of information in the form of condensed articles on every
subject
Review is an integrated and organized discussion of the literature pertaining to a well-
defined subject. It usually covers a limited period of time.
Thesaurus is a book of words grouped by ideas and Its purpose is to help identify
synonymous and find the exact word
3. Tertiary sources
Tertiary sources include directories, subject guides and Union lists.
There are numerous scientific directories that provide list of journals, scientists,
universities and their information quite like the telephone directory.
These help the researcher to tap appropriate journals & expert advice on the topic
of research.
 Chapter Three
MAJOR STAGES IN LEGAL
RESEARCH AND ELEMENTS
OF SCIENTIFIC METHOD
Law of persons by Tariku A
 MAJOR STAGES IN LEGAL RESEARCH
Undertaking & executing legal research, as a systematic inquiry, is a complex process.
It involves a three-stage process; Research Planning, Research Implementation,
and presenting of research findings.
In general these three-stage processes of legal research and their components leads to
the following major processes of legal research
a. Identification and Formulation of a Research Problem
b. Review of Literature
c. Formulation of a Hypothesis (where feasible)
d. Research Design
e. Collection of Data
f. Analysis of Data
g. Interpretation of Data
h. Research Report
i.e., These stages are not mutually exclusive
 Identification and formulation of a research problem
Identification and formulation of a research problem constitutes the starting phase
of research.
A research is goal-directed and If the goal itself is unknown or ill-defined, the
research will lead the researcher nowhere.
Thus, it becomes necessary to have a well-defined and precise research problem for
meaningful research.
However, identification and formulation of a research problem is not an easy task.
And
In most scientific works, the difficulty lies in framing problems rather than in
finding their solutions.
Before formulating a research problem, its important to identify an area of general
interest and special interest from the area of general interest and
Then its important to do a lot of reading on the aspect identified for further
inquiry.
For example, tax law may be your general interest and VAT may be your special
interest and you may decide to focus more to do a research on refund
 Review of literature
Once the research problem is formulated, the researcher needs to undertake an
extensive survey of literature connected with, related to, and/or having bearing on,
his research problem.
This is the process whereby the researcher locates and selects the references that
are relevant for his inquiry.
Literature review, helps the researcher to know and to have his preliminary
impressions about:
The thitherto/updates explored and unexplored aspects/dimensions of the problem
and the explanations offered or issues raised without offering solutions therefor.
The gaps, if any, in the thitherto-offered explanations of the problem/its
dimensions and their inter-relationship and adequacy in explaining the
problem/its dimensions.
Theoretical and conceptual issues raised, with or without suggesting solutions.
The operational framework and research techniques used in the previous
research, and their propriety.
 Review of literature, cont
In general Literature review enables the researcher to know what kind of data and
methods have been used, as well as what difficulties the earlier researchers in
collecting and analyzing the data have faced
Therefore, the Main purposes of literature review
To reveal what has been done and written on the topic in the past.
To ‘map’, with their limitations, and research techniques,
To know the kind of material/data used and their sources.
To appreciate adequacy of the data used for drawing the conclusions.
To know the central arguments advanced and the concepts revealed and
discussed earlier.
To acquaint with the patterns of presentation of these arguments and the
concepts and the relationship established b/n these arguments and the concepts.
To, in the light of the earlier studies, findings, and the problems encountered &
to devise appropriate research techniques for smooth operation of his inquiry.
 Formulation of a hypothesis
Hypothesis is a tentative assumption made in order to draw and test its logical or
empirical consequences or It is a tentative testable statement.
So for statement to be a hypothesis, it must be capable of being tested.
If its validity cannot be put to empirical confirmation, a proposition, howsoever
attractive or interesting may be ceases to be a hypothesis.
The manner in which a hypothesis is formulated is very important as it gives
significant clues about the kind of data required, the type of methods to be used for
collecting data, and the methods of analysis to be used.
However, hypothesis is not always required in all types of legal research.
for example, in exploratory or descriptive legal research, the researcher is not
required to formulate hypothesis.
Statement of problem in the form of hypothesis is required in socio-legal research or
empirical legal research,
wherein the researcher is interested in finding link b/n a legal fact and a social
fact or is interested in assessing impact of law.
 Research design
Research design is the conceptual structure within which research is conducted or
It is a logical systematic planning of research.
It refers to the entire process of planning and carrying out a research study.
It is the process of visualization of the entire process of conducting empirical
research before its commencement
Research design is a blue print of the proposed research. However, the blue print is
tentative as the researcher may not be able to foresee all the contingencies before he
starts his investigation.
So, the research is allowed to meet these contingencies when he encounters them
in his research journey.
Research design helps the researcher to identify in advance the kind of data he
requires, the means to collect them, the methods to be used for analysis and
interpretation of the data, and presentation of his findings with more accuracy.
It helps to minimize the uncertainties, confusion and practical hazards associated
with the research problem and enhance efficiency and reliability of his findings
 Collection of data
Data collection is a process of collecting information from all the relevant sources to
find answers to the research problem, test the hypothesis & evaluate the outcomes. 
It is the technique(s) employed to collect the requisite information.
The researcher has to choose the most appropriate method(s) for collecting data from
a wide range of methods, ranging from interviews to observations to document
analysis.
Research method will determine the quality and propriety of the data and the
consequential results.
In selecting method(s) of data collection, the researcher has to take into account the
objectives of his research and the nature and scope the inquiry.
Data can be primary or secondary.
Data collected by the researcher, by using primary sources, is primary.
The data already collected by some other agency and available in some published
form is secondary.
In either case, the researcher has to select an appropriate method.
 Analysis of data
Data, in any form, are raw and neutral so their direction and trend is generally
highlighted and reflected with the help of analysis and interpretation
Analysis of data comes prior to interpretation. However, there is no clear-cut
dividing line between analysis and interpretation.
Analysis is not complete without interpretation and interpretation cannot
proceed without analysis.
Analysis of data involves a number of closely related operations, such as
classification or categorization, coding, and tabulation
Classification or categorization of data is the process of arranging data in groups or
classes according to their resemblance or affinity.
Coding involves the assigning of symbols or numerical to each of the category of
responses so that raw data can be counted or tabulated
Tabulation is a means of recording classification in a compact form in such a way to
facilitate comparisons & show the involved relations b/n two or more variables
It is a sort of arrangement of data in requisite rows and columns
 Interpretation of data
Interpretation refers to the task of drawing inference from the collected data.
The inference may be deductive or inductive.
The former involves inferences from generally abstracts propositions to
particular ones.
While the latter is inference from particular propositions to general
propositions.
Through interpretation, the researcher attempts to
search for broader meaning of research findings.
establish link between the results of his inquiry with those of another
establish some explanatory concepts and
find and understand the abstract principle that works beneath his findings
Tips, even if data are properly collected and analyzed, wrong interpretation would
lead to inaccurate and misleading conclusions
Therefore, Interpretation must be impartial and objective.
 Research report
Research remains incomplete until report is written and It is an account of the
statement of problem investigated, the procedure adopted and the findings arrived
It contains the significant facts that are necessary to appreciate and understand the
generalizations drawn by the investigator
in research report, the researcher communicate to his audiences, the research
problem investigated, the methods used for the collection of data, their analysis and
interpretation, and the results or findings of the study
The purpose of research report is to convey to the interested persons the whole result
of the inquiry in sufficient details.
A research report generally needs to contain in it the requisite information about:
the problem undertaken for investigation and objectives thereof,
methodology adopted in the inquiry, and
analysis and inferences of investigation and their theoretical and practical
implications, if any.
End of Chapter two
 Chapter Four
Elements of
Scientific Method
Law of persons by Tariku A
 Elements of Scientific Method
1st scientific research has to be ‘Probabilistic Thinking’.
In Scientific research you didn't aspire to get a knowledge which is 100%
certain.
Because science did not deal with certainty, rather science try to give
explanations of reality which are working for the time being.
For example, existence of nine planets at same time was scientific but now with
more advancement, the science gets to know the existence of more planet.
By their nature social phenomena are less predictable than natural or
physical phenomena
because human behavior are difficult to predict and they are vulnerable to
change by the external factors.
 Elements of Scientific Method, Cont
2nd scientific research relies on ‘Measurements and Concepts.’
Measurements is an ambiguous description of the the subjects of the study.
On the other hand, concept is our understanding of the thing in our mind. so here its
important to conceptualization.
For example, the actual chair (which exist physical and which can be touched by
our hand) is the thing and
our understanding about the chair or the imagination about the chair in our mind is
a concept.
So for a researcher, its important to focus more on the idea not on the actual
thing. As a researchers focus more on concept not on a thing.
Therefore, Measurement and Concept is an important tool to validate the outcomes
of the research both internally and externally.
 Elements of Scientific Method, cont
However, Descriptions or measurements shall not be arbitrary, rather it has
to be scientific and objective.
So, scientific objectives are important.
As a researcher you shouldn't pick a single treat or part of it to describe
the relationships.
3rd science involves ‘Experiment”.
Science is experimental and any thing you do to test the theory or idea or
any thing you do to discover something new has to follow scientific method
To test an idea, you may use data or theories.
Data is information about the world.
 Elements of Scientific Method, Cont
4th , there has to be a ‘Relation. It is also another element of scientific research
and relationship is very powerful things of prediction.
Because explaining the relationship is a powerful thing to get a knowledge.
In relationship, the researcher tries to establish the causation (cause and effect
relationship).
Even though its difficult to establish causations, some scholars say causation
exist where
Causation exist a reputation of the effect in the presence of certain
condition &
Causation didn't exist either where in the absence of the condition, the
effect exist or in the presence of the condition, if the effect is not
materialized
 Elements of Scientific Method, Cont
5th Science is ‘Reductionist’. Science is reductionist because science
didn't aspire to deal with all possible factors that affect the research
output.
In scientific research, reducing factors are important.
However, reducing such factors has to be done scientifically.
If you want to deal with all variables, your research may not be
manageable,
so it has to deal with some important variables only.
but, it has to be also comprehensive enough to deal with all
important variable as reductionist.
 Elements of Scientific Method, Cont
For quantitative research, to be more reductionist is not advisable.
Of course in any research, if you are more reductionist, the research
outcomes may not be reliable and
if you are less reductionist and deal with more variables, the research
may not be manageable.
So don't be more reductionist or less reductionist but make it
comprehensive and manageable.
In social science research, its advisable to be less reductionist and more
comprehensive since human behavior is unpredictable and different
variable may bring the effect.
 Elements of Scientific Method, Cont
6th it is ‘empiricism’ meaning science may also use knowledge acquired
from experience.
Knowledge could be acquired through logic and reason or experience.
So if knowledge acquired through experience, its called empiricism and its
scientific.
7th , scientific research may also use ‘logic or Reason’ to get knowledge.
Knowledge could be acquired through logic or reason.
Logical argument is therefore an important source of knowledge in scientific
research.
Scientific research should use logical argument be it deductive or inductive
argument.
In deductive logic, if there is an evidence for the premises, then the conclusion
follows such premises..
 Elements of Scientific Method, Cont
So in deduction argument if all the premises are true, then the conclusion
will necessary be true and
an additional evidence will not make the conclusion any more stronger or
such additional evidences may not that much important.
This it true because the finding of deduction argument is more reliable even
though it is not creative
In inductive logic, the conclusion is probable and not certain.
Because the premises are specific and the conclusion are general and its not
possible to certainly conclude about the whole from the part.
To check the strength of inductive research outcomes, There are 2 types of test.
i. The confirmation test and
ii. The falsification test
 Elements of Scientific Method, Cont
8th , Scientific research has to be ‘Objective’

even if research is not certain, it has to be objective.

Especially in data collection.

The researcher should isolate him self form the research and
need not to be subjective in the process of data collection, data
analysis and data interpretation.
 Chapter five
Doctrinal and Non
Doctrinal Legal Research

Law of persons by Tariku A

 Meaning of Doctrinal Legal Research
A doctrinal research is a research that has been carried out on a legal
proposition/s by way of analyzing the existing statutory provisions and cases
by applying the reasoning power
It mainly focuses on the nature of law and legal authority;
the theories behind particular substantive areas of law, such as torts or contracts;
It may also see the nature of rights, justice and political authority.
Thus, it involves:
Systematic analysis of statutory provisions and of legal principles involves
therein, or derived there from, and
Logical and rational ordering of the legal propositions and principles.
 It also involve analysis of court decisions and other conventional legal materials, such
as parliamentary debates, revealing the legislative intent, policy & its history
 Doctrinal Legal Research Con’t
Doctrinal/library based research is the most common methodology employed
by those undertaking research in law and
It is predicated upon finding the ‘one right answer’ to a particular legal
questions or set of questions.
It involves a significant amount of background reading in order for the
researcher to orient themselves with the area of law being studied.
Background reading will include sources such as dictionaries for definition of
terms, encyclopedias for a summary of legal principles, major textbooks and
treatises on the subject and journals.
Although primary sources are adequate by themselves,
it may also be useful to have regard to secondary sources, which consists of
relevant books and journal articles. .
 Merits Doctrinal Legal Research
There are several advantages associated with doctrinal or library based
research methodology.
1st, it is the traditional method for conducting legal search and is often
taught during early stages of legal training.
2nd, it basically involves analysis of legal principles, concepts or
doctrines, their logical ordering and systematizing of legal propositions
emerging there from, has some practical utility.
3rd, it provides quick answers to the problem as the researcher is
continuously engaged in the exposition and analysis of legislation and
case-law and the integration of statutory provisions and judicial
pronouncements into a coherent and workable body of doctrine.
 Merits Doctrinal Legal Research cont.
4th, for all practical purposes, and for resolving day-to-day client
matters, doctrinal research is the expected and required methodology.
Furthermore, because of its focus on established sources, doctrinal
research is more manageable and its outcomes are more predictable.
5th, a scholar of law indulged in doctrinal legal research, in a systematic
way and with convincing reasoning, exhibits inbuilt loopholes and gaps
or ambiguities in the substantive law and
thereby invites the legislature to plug them through amendments,
so that the law can be more purposive and effective.
 Meaning of Non-Doctrinal Research
Non-doctrinal research, also known as social-legal research, is research that
employs methods taken from other disciplines to generate empirical data
that answers research questions.
It can be a problem, policy, or a reform of the existing law.
A legal non-doctrinal finding can be qualitative or quantitative, & a dogmatic
non-doctrinal finding can be part of a large-scale project.
It allows to conduct research that analyses the law from the perspective of
other science disciplines, and to employ those disciplines in drafting the law.
It is valuable in revealing and explaining the practices and procedures of
legal, regulatory, redress and dispute resolution systems and
the impact of legal phenomena on a range of social institutions, on
business and on citizens.
 Non-Doctrinal Research, cont.
The methods like observation, interview, questionnaire, survey and
case study are used to discover the human conduct.
All inquiries are not suitable to empirical methods.
Any inquiry whose objective is to determine what is good and what
is evil cannot be empirically tested.
Research into the value system and moral questions are also not
amenable to empirical methods.
The empirical research is mainly concerned with the legal decision
process
i.e., researcher’s attention is on variables that influence the decision
and the impact of the decisions on the society.
 Non-Doctrinal Research, cont
The empirical research may be defined as research in to relationship of law
with other behavioral sciences.
So more importance is given to people, social values and social
institutions but not to the legal aspects or doctrines.
Objectives of Empirical Research
In a non-doctrinal legal research, the researcher tries to investigate through
empirical data how law and legal institutions affect human attitudes and
what impact on society they create.
So the researcher endeavors to look into ‘social face or dimension’ of law
and ‘gap’, if any, between ‘legal idealism’ and ‘social reality.’
Thus, non-doctrinal legal research involves study of social-impact of law or
of social-auditing of law.
 Merits of Non-Doctrinal Research
Empirical research enhances lawyers ability to understand the implications
and effects of the law on society.
It highlights the gaps b/n legislative goals and social reality and thereby
‘depicts’ a true picture of law-in-action.
It particularly it highlights the ‘gap’ in relation to
(a) the practice of law enforcers, regulators and adjudicators and
(b) the use or under-use of the law by intended beneficiaries of the law
i.e. The regulatory body, vested with the power to monitor and enforce the
law, may be professionally ‘inactive’ in enforcing the Law.
Non- doctrinal legal research, in this context, highlights the ‘reasons’ behind
making the law ‘symbolic’ less-effective or ineffective.
It also reveals the extent to which the beneficiaries have been able to ‘use’ the
law & the reasons or factors that have desisted/are desisting them from using it.
 Doctrinal Vs Non-Doctrinal differences
Doctrinal Legal Research Non Doctrinal Legal Research
1. It is concerned with legal 1. It is concerned with people, social
prepositions and doctrines values and social institutions.
2. The sources of data are legal and 2. The sources of data are less and
appellate court decisions mostly new techniques have to be
3. It is not concerned with people, but used.
with documents 3. More importance is given to the
4. The scope is narrower society and people,
5. More support and encouragement is 4. Scope is wider.
given for this type of research 5. Less encouragement is given.
6. No use to give training to collect and 6. Training is needed to use new
use the sources. techniques in the research.
7. Field work is not needed and library 7. The field work is more important
reference is enough.  part of this research
 Group Assignment 20% & Individual Presentation 10%
At the end of the semester, each teams are supposed to write one proposal and each
members of the team will present their proposals. Outline of your proposal may include
1. Title
2. Background of the study
3. Statement of the Problems
4. Research questions
5. Research objectives (General and specific)
6. Scope of the studies
7. Literature review
8. Limitations
9. Research methodology (tools for data collections, analysis & interpretation of data,
etc
10. Citation and Bibliography
 Chapter Six
RESEARCH DESIGN

Law of persons by Tariku A

 RESEARCH DESIGN
A research design is the arrangement of conditions for collection and analysis of
data in a manner that aims to combine relevance to the research purpose with
economy in procedure.
The process of research design can be explained by an analogy of an architect
designing a building.
A researcher, like architect has to design his research before he pursues it so that
he can anticipate the problems that he may encounter during his research
journey and can take appropriate precautions and measures to overcome them.
Generally research design refers to the visualization of the entire process of
conducting research before its commencement.
It is the plan, structure and strategy of investigation conceived so as to obtain
answers to research questions
 RESEARCH DESIGN
The plan includes everything the investigator will do from formulating the
research problem or the hypothesis to the final analysis of the data and
presenting his inferences.
The ‘structure’ is the outline, the scheme, or the paradigm of the operation of
the variables. And
the ‘strategy’ includes the methods to be used to collect and analyze the data.
However, the design of a research study depends on the particular and the
purpose of research influences the design of study
The Research design is only tentative in the sense that as the study progresses,
new facts, new ideas and new conditions, which may necessitate a change in the
original research plan may occur.
The researcher has to amend his design to meet these and other similar
contingencies. Thus, a research design can be flexible
 MAJOR CONTENTS OF RESEARCH
DESIGN
The term research design refers to the entire process of planning and carrying
out a research study and It involves the following major steps:
1) Formulation of the research problem.
2) Decision about suitable population for the study and setting down the
sampling procedure.
3) Devising tools and techniques for gathering data.
4) Determination of the mode of administering the study.
5) Setting the arrangements for the editing, coding and processing of data.
6) Indicating the procedures and statistical indices for the analysis of data.
7) Deciding about the mode of presentation of the research report.
These steps can further be grouped into four major stages: (i) the planning stage,
(ii) the design stage, (iii) the operational stage, and (iv) the completion stage.
 Purposes and Types of Research Design
The purposes of the research may be classified under the four major categories:
I. To gain familiarity with a phenomenon or to gain insight into it with a view to
formulate the problem precisely.
Studies having this purpose are known as Exploratory or Formulative studies.

II. To describe accurately a given phenomenon and to determine associations b/n

different dimensions of the phenomenon.
Studies characterized by such aims are known generally as Descriptive studies.
III. To determine the frequency with which something occurs or with which it is
associated or see causal relationships between its different dimensions.
Studies having this purpose are known as Diagnostic studies.
IV. To test a hypothesis suggesting a causal relationship b/n different variables.
Studies characterized by this purpose are called Experimental studies.
I. Exploratory or Formulative Research Design
Formulative Research design aims to gain familiarity with a phenomenon or to
gain insight into it with a view to formulate the problem precisely.
So its primary aim is to acquaint with the characteristics of research target &
intends to discover ideas & to have insight into the problem or situation under
investigation
the important methods to conduct exploratory studies include
a) a Review of the related literature,
b) a Survey of people who have had practical experience of the broad problem
with the problem to be studied, and
c) an analysis of ‘insight-stimulating’ cases or examples.
Most exploratory studies use one or more of these three methods and it must be
used with flexibility so that many different facets of a problem may be considered &
Formulative or exploratory studies merely lead to insights or hypotheses; they do
not test them. An exploratory study must always be regarded as simply a first step
II. Descriptive and diagnostic research designs
Descriptive research study is concerned with describing the characteristics of a
particular individual or a phenomenon.
It is aimed at detailed description or measuring of the different aspects of a
phenomenon, group or community.
 It is mainly a fact-finding study with adequate interpretation.
Such a study, unlike exploratory study, presupposes prior knowledge of the
problems to be investigated.
In Descriptive studies, the researcher must be able to define clearly what he wants
to measure and find adequate methods for measuring.
A Diagnostic research is more directly concerned with causal relationships and
with implications for action than a descriptive study
It is more concerned with the frequency with which something occurs or its
association with something else
II. Descriptive and diagnostic research designs
The research design of a Descriptive and Diagnostic study, unlike that of an
exploratory study, has to be rigid and It must address and focus on:
i. Formulation of the objectives of the study- The first step is to define precisely
the research problem and the research objectives.
ii. Designing the methods of data collection- The techniques of data collection
must be carefully identified and indicated in the research design.
iii. Selecting the sample- The researcher must specify the methods of drawing
sample from the identified ‘population’.
iv. Collecting the data- In the design of his study he must specify the sources of the
relevant and required information & the period to which such data are related.
v. Processing and analysis of data- the researcher must indicate coding and
decoding of the collected data and methods of processing and analyzing them.
vi. Reporting the findings-finally The layout of the report needs to be well planned
 III. Experimental or explanatory research design
It deal with cause & effect problems & concerned with testing the causal hypotheses
To testing the causal hypotheses & to confirm that the given independent variable
(the cause) produces the given dependent variable (the effect), at least three kinds
of evidence are needed
1. Ruling out the effect of other causal variables;
 several independent variables have their effect on a given dependent variable and in
order to test the effect of a given independent variable, it is necessary to hold constant the
effect of other independent variables and to isolate the effect of the given variable.
2. Causal time sequence b/n the changes in the independent & dependent variables.
 it is necessary to show that change in the given dependent variable did not take place
before the change in the given independent variable, since the cause ought to precede or
be simultaneous with the effect but it should not succeed the effect.
3. Concomitant variation between the independent and the dependent variables.
 it is necessary to show that the change in the given independent variable has actually
produced change in the given dependent variable
 ROLE OF RESEARCH DESIGN
A Research design, regardless of its type, performs one or more of the ff. functions:
1. Research design provides the researcher with a blue print of the proposed research;
Which includes the target population about which he seeks information,
 The sampling methods to be used and the sampling size taken,
 The data collection procedures & techniques to be used and
 the possible ways to analyze the collected data.
2. Research design dictates boundaries of the research activity; it outlines
boundaries of the proposed research
3. Research design enables the researcher to anticipate potential problems in the
implementation of the study;
4. Research design enables the researcher to estimate the cost of his research,
possible measurement of problems and optimal research assistance
It enables the researcher to estimate the approximate time and financial budget
required to accomplish his proposed research.
 Chapter Seven
SAMPLING TECHNIQUES:
RANDOM AND NON-RANDOM

Law of persons by Tariku A

 Definition of some key-technical concepts:
A. Sampling and population
The whole group from w/h the sample is drawn is technically known as Universe
or Population & the group actually selected for a study is known as Sample
Usually it is difficult to study the entire population. so, it become important to
select a portion of elements taken from the larger portion or population and
Such a portion is referred as a sample & the process of drawing these
elements from the larger population or universe is called the sampling method.
There are also some circumstances where it is feasible to survey the whole of a
population, for example, when the population interest is manageably small.
B. Stratification and sub-population
Stratification is a technique of dividing the whole group from w/h the sample is
drawn into a number of strata/groups & these strata is called sub-population.
 the reason to adopt these techniques is due to vastness of population or other
difficulties of ascertaining the universe by taking samples from the whole population.
 ASSUMPTIONS UNDERLYING IN
SAMPLING
The selection of a sample as representative of the whole group is based upon
some assumptions which includes
i. The units or samples selected must have likeness or similarity with other units
to make the sampling more scientific.
ii. The sample should be such that it can represent adequately the whole data.
iii. Each unit should be free to be included in the sample.
iv. Absolute accuracy is not essential in the sample method.
The results of the sampling method should be such that valid generalizations
can be drawn.
v. The maximum amount of information must be gathered as accurately as
possible.
 ASSUMPTIONS UNDERLYING IN
SAMPLING
The procedure of selecting a sample differs according to the type of the sample
selected, but certain fundamental rules remain the same.
These include:
1. The universe or population must be defined precisely;
2. Before drawing a sample, the unit of the sample should be defined;
3. The appropriate source list which contains the names of the units of universe or
population from which the sample is to be selected should be prepared before
hand in case it does not already exist, and
4. The size of the sample to be selected should be pre-determined.
 Types of Sampling Techniques
There are two broad types of sampling plans which are usually divided based on
probability/random samples where the probability of the selection of each
respondent is known and
non-probability/non-random samples where it is not known
In probability sampling, statistical inferences about the population can be
made from the responses of the sample.
For this reason, probability sampling is sometimes referred to as
representative sampling.
So here the sample is taken as representative of the population.
In non-probability samples, you cannot make such statistical inferences.
It may still be possible to say something sensible about the population from non-
probability samples
but not on the same kind of statistical grounds
 Probability/Random sampling techniques
Probability samples are classified into five types of sampling methods:
1. Simple Random Sampling
Random sampling is the form applied when the method of selection assures each
element or individual in the universe an equal chance of being chosen
It is more suitable in more homogeneous and comparatively larger groups.
A random sample can be drawn by lottery method or by using Tipett’s number
or by grid system or by selecting from sequential list.
2. Systematic sampling
This involves choosing a starting point in the sampling frame at random, and
then choosing every nth person.
Thus if a sample of fifty is required from a population of 2,000, then every
fortieth person is chosen
The problem of simple random and systematic samplings is, that both require a full
list of the population, and getting this list is often difficult.
 Probability/Random sampling techniques
3. Stratified Random Sampling-
This involves dividing the universe or population into a number of groups or
strata, where members of a group share a particular characteristic or
characteristics and then random sampling within the strata
e.g. stratum A may be females; stratum B males.
In the selection of strata, we use purposive selection method, but in selecting
actual units from each stratum, random method is used.
So, It is the combination of both random sampling and purposive selection.
Sampling theory shows that, in some circumstances, stratified random sampling
can be more efficient than simple random sampling
in the sense that, for a given sample size, the means of stratified samples are
likely to be closer to the population mean and
This occurs when there is a relatively small amount of variability in the survey
within the stratum, compared to variability across strata.
 Probability/Random sampling techniques
4. Cluster/Area sampling
This involves dividing the population into a number of units, or clusters, each of
which contains individuals having a range of characteristics and
The clusters themselves are chosen on a random basis & then the
subpopulation within the cluster is then chosen.
This tactic is particularly useful when a population is widely dispersed and large,
requiring a great deal of effort and travel to get the survey information.
5. Multistage sampling-
This is an extension of cluster sampling and this method is generally used in
selecting a sample from a very large area
It involves selecting the sample in stages, i.e. taking samples from samples.
E.g., taking a random sample of schools, then a random sample of the classes
within each of the schools and then from with in selected classes choose a
sample of children.
 Non-probability/Non-random Sampling
techniques
In probability sampling it is possible to specify the probability that any person (or
other unit on which the survey is based) will be included in the sample and
Any sampling plan where it is not possible to do this is called non-probability
sampling and small-scale surveys commonly employ non-probability samples.
It is usually less complicated to set up & are acceptable when there is no intention or
need to make a statistical generalization to any population beyond the sample surveyed
It involves the researchers judgment in choosing & achieving a particular purpose
The types of non probability sampling methods include
1. Quota sampling; to obtain representative of the various elements of a
population, usually in the relative proportions in which they occur in the population.
Quota sampling is a special form of stratified sampling.
According to this method, the universe is first divided into different strata and then the
number to be selected from each stratum is decided.
This number is known as quota.
 Non-probability/Non-random Sampling
techniques
2. Dimensional Sampling; It is an extension of quota sampling.
The various dimensions thought to be of importance in a survey are incorporated
into the sampling procedure in such a way that at least one representative of
every possible combination of these factors or dimension is included.
3. Convenience sampling; It involves choosing the nearest and almost
convenient persons to act as respondents and the process continues until the
required sample size is reached.
This method is generally known as unsystematic, careless, accidental or
opportunistic sampling.
According to this system, a sample is selected according to convenience of the
field workers or researchers
The convenience may be in respect of availability of source list and
accessibility of the units
It is used when universe or population is not clearly defined, sampling unit is
not clear or a complete source list is not available
 Non-probability/Non-random Sampling
techniques
4. Purposive sampling; The principle of selection in purposive sampling is the
researcher's judgment as to typicality or interest.
A sample is built up which enables the researcher to satisfy his/her specific
needs in a research project
It is more useful especially when some of the units are very important and, in
the opinion of the researcher, must be included in the sample
As a merit, the researcher has the final say on the election and If this method is
properly followed a small sample can be representative and
As a demerit, the selection is biased and prejudiced and the results drawn may
be unscientific and inaccurate
5. Snowball sampling; the researcher first identifies one or more individuals from
the population & then informants will identify other members of the population
Snowball sampling is useful when there is difficulty in identifying members of the
population,
e.g. when this is a clandestine group
 Advantages and Disadvantages of Sampling
Advantages/Merits of Sampling
1. Economy: This includes economy of cost and of time because only a limited
number of units have to be examined and analyzed.
2. Accuracy: The quality of data collected should be better because the quality of
enumeration and supervision can be higher than in a census.
3. Adaptability: Many topics, particularly those involving detailed transactions
of individuals or households, can not conceivably be covered by a census.
4. Feasibility: The administrative feasibility of a sampling plan as compared to the
complex organization required for a census of the total population.
5. Organizational Facilities-Sampling involves very few organizational problems
as is conducted by few enumerators.
6. Reliable Inferences-The data collected by well-trained investigators on a
sample basis are quite reliable
 Advantages and Disadvantages of Sampling
7. Intensive in nature-Since the area of the study is quite small a detailed and
intensive study is possible through this method.
8. Vast Data- When the numbers of units are very large, or the units are scattered,
sampling technique is very useful, and can be conducted in a convenient manner.
Demerits of Sampling
9. Less Accuracy- If the method of sampling is faulty, the conclusions derived from
this become inaccurate.
10. Difficulties in Selecting a Representative Sample- If the phenomena are of
complex nature, the selection of representative sample is very difficult.
11. Changeability of Units- If the units are not homogenous, the sampling technique
will be hazardous and unscientific.
12. Need of Specialized Knowledge- The sampling technique becomes scientific and
successful when it is done by specialized investigators
 Chapter Eight
BASIC TOOLS OF DATA
COLLECTION

Law of persons by Tariku A