Prepared by: Prof (Dr) Khushal Vibhute
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legal-research-methods
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- A. Statements of findings, recomme ndations and Results
10.1 I NTRODUCTION Research without writing is of little purpose. Accordingly, the research report is considered a major component of the research task that remains incomplete till the report has been presented and/or written. There are, of course, other ways of communicating your research and its findings, most notably through oral presentation, but writing them up remains of paramount importance in most areas of research. The research report, thesis or dissertation, the journal article, academic text and conference paper are the major means by which researchers communicate with each other, and chilot.wordpress.com 210 with other interested parties, across space and time. The rapid development of new information and computer technologies has also changed the speed and scope of such communication, but it has not altered the importance of writing as the means for communicating. So, writing is just an instrument of communicating the researcher's findings and conclusions to the audience or readers, or consumers of the research product. Writing up is not just critical, but a continuation, part of the research process, which should start soon after the commencement of the research project, and continue to and beyond its completion. It begins as soon as you start thinking about and reading around your research. Finally, the researcher has to prepare the report of what has been done by him. The writing of report must be done with great care, keeping in view the following: The layout of the report should be as follows: (i) the preliminary pages (ii) the main text, and (iii) the end matter. In this unit the overall structural outlay of research report writing i.e., the preliminary pages, the text and the end matter/ the references will be studied. Legal research can be done using sources of different authorities. A legal researcher is obliged to resort to various types of authorities which serve as secondary sources. Authorities could be books, Journals, magazines, judicial decisions; legislation of different kinds of speeches, letters and interviews. Legal research has its own specific features in terms of its sources of information and rules of citation. Content and rules of citation are the most important parts of our discussion in this section. The discussion of the section will help students how to make use of legal authorities (sources of information for legal research). The content and form of citations are very important tools in Ethiopia, as we usually use foreign sources. They vary depending on the k ind of source we make use of as a source of information. Accordingly, reference books, journals, documents, interviews, etc have their own respective rules of citation. The forms have also similarities. The form of bibliography is also another important element to be studied in this unit. In discussing each rules of citation, we will use relevant examples, and if we fail to understand the examples, it will be difficult to understand the rules. So, please give chilot.wordpress.com 211 attention to each example and exercise by yourse lf taking your own practical and hypothetical examples. The sources should be cited so that our audience can be convinced that our arguments are supported by appropriate sources or materials, which have direct or indirect relevancy to the arguments we may raise. It is also important to arid plagiarism and to acknowledge the authors of our reference material. On the basis of our citation, the audience may even want to read the sources we cited. For these purposes, the researcher has to cite his sources properly adhering to generally accepted rules of citations in legal research. This unit has summarized the most important rules of citations ranging from books to interviews including the rules of footnote and endnotes. Students are strongly advised to carefully follow these rules when they are engaged in legal research. The rule of bibliography is also another system of providing information about our references. It has 3 basic sections, which are table of laws, table of cases and other bibliographic materials. 10.1 Structural layout of research report: Anybody who is reading the research report must necessarily be informed enough about the study so that he can place it in its general scientific context, judge the adequacy of its methods and thus form an opinion of how seriously the findings are to be taken. For this purpose there is the need for proper layout of the report. The layout of the report means what the research report should contain. A comprehensive layout of the research report should comprise (A) Preliminary pages ;(B) the main text; and (C) the end matter. On the other hand, writing up your research report, whether in the form of a work report or an academic thesis, requires particular skills and forms of organization. In organizational terms, your report or thesis is likely to include, as minimum: 1. An introduction, at the beginning and a set of conclusions, at the end. These may be supplemented or perhaps replaced by, respectively, a summary and a series of recommendations. chilot.wordpress.com 212 2. A series of distinct sections or chapters, which may be further divided into sub- sections or sub-chapters. Each section or chapter may have its own introductory and concluding passages. 3. References to existing research and publications, possibly illuminated by selected quotations. A list of the materials referred to will be included, probably at the end of the report or thesis, possibly in the form of a bibliography. 4. Tables, diagrams, charts and other forms of illustrations. 5. A number of prefatory sections, such as a preface, abs tract, dedication and acknowledgement; and/or supplementary sections, in the form of appendices. 10.1.1The Preliminaries In its preliminary pages the report should carry a title and date, followed by acknowledgements in the form of `Preface` or and `Foreword.` Then there should be a table of contents followed by a list of tables and list of graphs and charts/illustrations, if any, given in the report. The list of tables and list of charts help the decision maker or any body interested in reading the report to locate easily the required information in the report. The main text of the report should have the following parts: 10.1.2. The Text: The text provides the complete outline of the research report along with all details. The title of the research stud y will be repeated at the top of the first page of the main text and then follows the other details on pages numbered consecutively, beginning with the second page. Each main section of the report should begin on a new page. The main text of the report sho uld have the following sections:(i) Introduction;(ii)statement of findings and recommendations;(iii) The results;(iv) The implications drawn from the results; and(v) The summary/Conclusion. The text also includes Footnotes or End notes that should be written complying with the research rules of citation. 10.1.2.1 Introduction: An introduction is the first passage in a journal article, dissertation, or scholarly research study. It sets the stage for the entire study. The introduction is the part of the paper that provides readers with the background chilot.wordpress.com 213 information for the research reported in the paper. Its purpose is to establish a framework for the research, so that readers can understand how it is related to other research. It should contain a clear stateme nt of the objective of the research and an explanation of the methodology adopted in accomplishing the research. The scope of the study along with various limitations should as well be stated in this part. Setting the stage for a study, the introduction establishes the issue or concern leading to the research by conveying information about a research problem. Because it is the initial passage in a study or proposal, special care must be given to writing it. Unfortunately, too many authors of research studies do not clearly identify the research problem, leaving the reader to decide for himself or her007self the importance of the issue that motivates a study. Further, the research problem is often confused with the research questions-those questions that the investigator would like to be answered in order to understand or explain the problem. A research problem can originate from many potential sources. It might spring from an experience researchers have had in their personal lives or workplaces. It ma y come from an extensive debate that has appeared in the literature for several years. It might develop from policy debates in government or among top executives. The sources of research problems are often multiple. To this complexity is added the need for introduction to carry the weight of encouraging the reader to read and to begin to see significance in the study. This facet alone makes introductions difficult to write. The introduction needs to create reader interest in the topic, establish the problem that leads to the study, place the study within the larger context of the scholarly literature, and reach out to a specific audience. All of this is achieved in a concise section of a few pages. Because of the messages they must convey and the limited space allowed, introductions are challenging to write and understand. Illustration: As form of model introduction, read and examine the following example taken from a paper written on the title: ``PROTECTION OF CHILDREN UNDER THE NEW ETHIOPIAN FAMILY LAW`` Prepared Under the Auspices of the Juvenile Justice Project Office Federal Supreme Court January 2001 chilot.wordpress.com 214 Introduction The Convention on The Rights of the Child [here in after, the convention] has opened a new chapter in the treatment of children creating a legal ground for the protection of child rights. The convention states only not the civil, social, economic, political and cultural rights of the child, but it also directs and obliges states to undertake legislative, administrative and other measures to create conditions for the realization of the convention. Such provisions as Article 2(2), Article 3(2) and Article 4 define the role of states to ensure the child rights. Thus, any state that has ratified the convention needs to change national policie s in line with the responsibilities endorsed by the convention. As a signatory of the convention, Ethiopia has begun introducing legal changes by adopting the Federal constitution in 1995, which incorporates the basic child rights recognized by the convention. Among the incorporated are the child’s right to life, to a name and nationality, to know and be cared for by one’s parents or legal guardians, to be subjected to exploitative practices, neither to be required nor permitted to perform work, which may be hazardous or harmful to his or her education, health, or well-being. The constitution has set the ground for further legislative and administrative developments that require the enactment of detailed rules for the implementation of the rights. The adoption of the new family law is one basic step up in the implementation of the basic principles in the constitution. Although the drive to change the old family law came from the perspective of protecting the rights of women, the new law has several provisions that could be counted on to protect the rights of the child. This paper attempts to make a general assessment of the new Ethiopian family law in light of the rights of the child as incorporated in the Convention and the constitution. Some comparisons of the old and new family law will be made to demonstrate how far the latter has gone in fulfilling our aspirations to have a society that gives due respect to children. The new law will be enforced in areas under the direct jurisdiction of the federal government, while the regional governments are not in principle bound chilot.wordpress.com 215 by the new family law. The new federal arrangement allows every regional state to adopt a family law that would suit its specific local needs. Thus, it should be noted that the geographical scope of the new family law is limited to Addis Ababa and Dire Dawa. However, it is very likely that it will be used as model for regional reforms in family law. Activity: Write your own possible form of introduction on the following given title and cross-check it with your colleagues. “Liquidation and its Problems under the Ethiopian Law of Succession: Law and Practice”. 10.1.2.2 Chapters and Sub-headings: After introduction, the research report must contain chapters and sub- headings or main sections. The chapters and sub-headings, as the case may be, will entertain the following basic issues: Statement of findings and recommendations; Results; Arguments and criticisms; and Implications of the results. A. Statements of findings, recomme ndations and Results: Statements of findings and recommendations should be presented or written in non-technical language so that it can be easily understood by all concerned. If the findings happen to be extensive, at this point they should be put in the summarized form. A detailed presentation of the findings of the study, with supporting data in the form of tables and charts together with a validation of results, is also the next step in writing the main text of the report. This generally comprises the main body of the report, extending over several chapters. The result section of the report should contain statically summarized reductions of the data rather than the raw data. All the results should be presented in a logica l sequence and split into readily identifiable sections. All relevant results must find a place in the report. But how one is to decide about what is relevant is the basic question. Quite often guidance to decide the relevancy or irrelevance comes primaries from the research hypothesis, if any, with which the study was concerned. But, ultimately the researcher must rely on his own judgment in deciding the outline of his report. chilot.wordpress.com 216 B. How to argue and How to criticize: - These organizational elements are the bare bones of any research report or thesis. To put them together to make a successful and effective argument requires four things; a context; one or more themes; some ordering; and linkages. The context for your research thesis or project consists of your broader understanding of the area within which you are researching. This may operate at a number of levels; such as in terms of your disciplinary background, in terms of your field of study, and in terms of the methodology you are employing (e.g. questionnaire surveys or participant observation). The themes of your report or thesis are the key issues, concepts or questions you identify as being of relevance and interest. These will both inform the research you undertake, so will be evident in your contextua l discussion, and help to structure your analysis and findings. They are the aspects of your field of study or discipline to which your research is contributing. The ordering of your report or thesis relates to how you set out your argument in stages, and how you break it down into manageable chunks for the reader. Some aspects of ordering are the use of introductory and concluding sections, contextualization, discussion and reflection. Linkages have to do with how you aid the reader in finding their way through your report or thesis. They may take the form of regular references to the themes you have identified. They are also likely to be made apparent through cross-references between chapters, sections or pages. The aim is to present a coherent whole to the reader; however the report or thesis may be structured and organized. When done effectively, the reader should be able quickly to make sense of your work whichever page they start reading from. C. Who am I writing for - 'Research' is a process which occurs through the medium of a person. When you start to write up your research, there are two related issues which you will need to address, whether explicitly or implicitly, early on. These are the issues of voice and style: Style relates to how you write up your research, which may be determined by the requirements of your audience, by your own predilections, or by a mixture of the two chilot.wordpress.com 217 Voice has to do with how you express yourself and tell the story of your research, and is something you are likely to de velop further as you write and research Another key factor to be borne in mind during your writing up is that you are in the process of fashioning and presenting a representation of reality. You should also avoid a strong reaction against, or rejection of, your thesis purely on the basis of the way in which it has been written up and presented. So don't take the risk unless you really have the freedom and know what you are doing. Beyond any formal regulations, there is also a general expectation that all writing will strive to be non-discriminatory. To do otherwise would make you likely to offend your readers, at the very least. Another question you may face in writing up your research is also whether to include a bibliography or just a set or references. Being consistent- Above all, whatever audience you are writing for, it is important to be consistent in terms of style and organization. Switching between styles is usually confusing for all concerned, and hence inadvisable, except in exceptional and/or carefully handled circumstances. D. Grammar, punctuation and spelling- many researchers, even experienced ones, have problems with language (grammar), punctuation and spelling when they are writing up. Many of us may not have had a particularly good initial language education, or were more interested in other matters at the time. If you are writing up your research on a word processor or computer, you might want to make use of the facilities which software has for checking your spelling and grammar and for suggesting alternative words to use. These can be very useful for checking drafts, but remember that they will not recognize many specialist words or names, and, perhaps most importantly, that they will often use American English spelling. (i). Language- The key to successful cross communication is using the right language. In all writings, the challenge is to find the words, phrases, clauses, sentences and paragraphs that express your thoughts and ideas precisely and that chilot.wordpress.com 218 make them interesting to others. There is still another aspect of language to consider. In recent years writers have become increasingly concerned about its social connotations. The careful writer avoids words or phrases that are discriminatory in sex, age, economic class, race, religious groups, etc. For example, conscientious writers no longer use he to refer to some one of unspecified sex. (ii). Spelling a. Consistency:- Spelling should be consistent throughout the research paper except quotation, which must retain the spelling of the original material. To ensure accuracy and consistency always adopt the spelling that your dictionary givse first in an entry. b. Word division:- avoid dividing words at the end of a line. If the word you are about to type will not fit on the line, you may leave the line short and begin the word on the next line. If you choose to divide a word, consult your dictionary about where the break should occur. (iii). Quotations: While quotations are common and often effective in research papers, use them selectively. Quote only words, phrases, lines and passages that are particularly interesting, vivid, usual, or apt and keep all quotations as brief as possible. Over quotation can bore your readers and might lead them to conclude that you are neither an original thinker nor a skillful writer. In general, a quotation whether a word, phrase sentence or more-should correspond exactly to its source in spelling, capitalization and punctuation. If you change it in any way, make the alteration clear to the reader. Download 1.87 Mb. Do'stlaringiz bilan baham: |
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