Legal Research and Thesis Writing

Thesis WritingAtty. Charito M. Macalintal-Sawali ResearchSearching for a theory, for testing theory, or for solving a problem

Experience, authority, inductive and deductive reasoning may also solve problems but their procedures are not considered scientific

Scientific ResearchA systematic, controlled, empirical and critical investigation of hypothetical propositions about the presumed relations among natural phenomenaIt is systematic when it follows steps or stages that begin with identification of the problem, relating this problem with existing theories, collection of data, analysis and interpretation of these data, drawing of conclusions and integration of the these conclusions into the stream of knowledge.It is controlled unlike ordinary problems which may be solved cursorily.

Scientific research continuedIt is planned every step of the way that fancy and guess work do not set in.The problem is defined thoroughly, variables identified and selected, instruments carefully selected or constructed, and conclusion drawn only from the data yielded.Recommendations are based on the findings and conclusions.The empirical data will form the bases for conclusions.Since everything is controlled, any observer of the investigation will develop full confidence in the results.

Scientific research continuedDue to the control employed in the research, exact and precise outcomes are expected.

The whole work is ready for critical analysis by a panel of judges that passes judgment on the entire research. ProblemIt exists when: 1) there is an absence of information resulting in a gap in our knowledge; 2) there are contradictory results; 3) a fact exists and you intend to make your study explain it.Sources of a problem1. experience and observations2. the vast amount of literature in ones field3. courses that one has taken4. journals, books, magazines or abstracts5. theses and dissertations6. professors and classmates of the researcherCharacteristics of a good problemThe topic should be of great interest to the researcherIt should be useful for the concerned people in a particular fieldIt should be novelIt should lend itself to complex designingIt should be completed in the allotted timeIt should not carry ethical or moral impediments

Sharpening skills in discovering and identifying a problemReading a lot of literature in ones field of concentration and being critical of what one readsAttending professional lecturesBeing a close observant of situations and happenings aroundThinking out the possibility of research for most topics or lessons taken in content coursesAttending research colloquiumsSharpening continuedConducting mini-researches and noting the obtained findings closelyVisiting various libraries for possible discovery of researchable topicsSubscribing to journals in ones field and in researchBuilding up a library of materials in the fieldSteps to be taken after the topic had been chosenMake the topic more specific and definitiveStart defining major terms in the titleSurvey the literature

Formulating the statement of the problemThe statement of the problem must be consistent with the title and should be stated in a declarative sentence.This declarative sentence will be followed by specific questions which should be written in quantifiable terms.The specificity of the questions will ascertain just what questions are needed to be answered.Writing the title of the investigationFunctions of a title:It draws in summary form the content of the entire investigationIt serves as a frame of reference for the whole thesisIt enables the researcher to claim the title as his ownIt helps other researchers to refer to the work for possible survey of theoryTitle continuedThus, the title must be written clearly and specifically.The main concepts should be included.The variables being investigated should be written as part of the title.The title should include the variables studied, the relationship among variables and the target population.

Title continuedTwenty substantive words, function words not included, is the maximum allowable length of a title.HypothesisA tentative explanation for certain behaviors, phenomena or events which have occurred or will occurA tentative conclusion that the researcher expects to be the result of his investigationThe null hypothesis means no existence of an effect, an interaction, of relationships, or of differenceThe alternative hypothesis is considered the operational statement of the research hypothesisVariableA characteristic that has two or more mutually exclusive values or propertiesThe construct or property being studiedA dependent variable is the outcome or objective of the study or the resultAn independent variable is the property or characteristic that makes the outcome or objective vary or differ.AssumptionsA statement or anticipated conclusionAny important fact presumed to be true but not actually verifiedDoes not need testing, unlike the hypothesisScope and limitationsThe scope of the investigation defines where and when the study was conducted and who the subject wereThe scope sets the delimitations and establishes the boundaries of the studyA limitation is a phase or aspect of the investigation which may affect the result adversely but over which the researcher has no control; must be declared by the researcher honestly Definition of termsNecessary in research in order for the researcher and the reader to be thinking in terms of the same thingConceptual definition or constitutive is that which is given in dictionaries; academic or universal meaning attributed to a word or group of wordsOperational definition is also known as functional definitionReview of Related LiteratureInvolves the systematic identification, location and analysis of documents containing information related to the research problemIt has the following functions:Provides the conceptual or theoretical framework of the planned research;Provides information about past researches related to the intended study;Gives one a feeling of confidence since by means of the review of related literature one will have on hand all constructs related to the study;Functions of a Review of Literature continuedGives one information about the research methods used, the population and sampling considered , the instruments used in gathering the data and the statistical computation in previous research; andProvides findings and conclusions of past investigations which you may relate to your own findings and conclusions.Research LiteratureRefers to published or unpublished reports of actual research studies done previouslyConceptual LiteraturePertains to articles or books written by authorities giving their opinions, experiences, theories or ideas of what is good and bias, desirable and undesirable within the problem area

Related LiteratureThe library is usually the source or both conceptual and research literature.It is suggested that a researcher starts reviewing conceptual literature first since it is more readily available than research literature.The card catalog is to a library as the index is to a book. However, there are varied kinds of indexes that can help one to get access to information.Theses and dissertations, as well as abstracts, are other sources of the literature.There must be a critical analysis on the present work and the related literature showing the relation between two sets of researches.Theoretical/Conceptual Framework Framework, as defined by the dictionary, is a skeletal or structural frame, a foundation that provides base and support.Theoretical means relating to or having the characteristics of a theory.Theoretical framework, therefore, refers to the set of interrelated constructs (concepts), definitions and propositions that presents a systematic view of phenomena by specifying relations among variables.Theoretical framework becomes the basis of the research problem.It explains the phenomena upon which the thesis investigation hopes to fill the vacuum in the stream of knowledge. Usually found before the statement of the problem.On the basis of the theoretical framework, the problem and the questions are introduced followed by the statements of hypothesis.

Conceptual and Research LiteratureConsists of concepts, definitions and propositions that the researcher has gathered from the process of reviewing the related literatureMost researchers use theoretical and conceptual framework, interchangeably.Research Methodology and DesignSpecifies every and all methods used or to be used in proposed research.Historical researchHistory is an integrated narrative of past events which aims at the critical search for the whole truth. It is both science and art in that it involves research which is science and it employs a cohesive, masterful style of narration which is art. It is regarded as much more than just a chronicle of the impressive events of the past; its data find applicability to contemporary issues and problems. Historical researchThis involves three major procedures. In data collection, documents and remains come as the chief primary sources. They are the first witnesses to a fact, hence they are the only solid bases for historical investigation. Secondary sources, where more than one mind intervenes between the producer of the data and user of these data, also contribute in giving information in the unavailability of primary sources. A system of note-taking is necessary to have an orderly record of the data collected. Descriptive Method of ResearchThe principal aims in employing the descriptive method are to describe the nature of a situation as it exists at the time of the study and to explore the causes of particular phenomena.Descriptive research is of several types, namely: case studies, surveys, developmental studies, follow-up studies, documentary analyses, trend analyses and correlational studies.Descriptive Method continuedCase studyInvolves studying one person or just a few persons over a considerable period of time; entails discovering and studying all the important variables which have contributed to the history of the subject

Descriptive Research continuedSurveysInvolve relatively large number of cases. They are classified into four categories according to scope and subject matter: census of intangibles, census of tangibles, sample surveys of tangibles and sample surveys of intangibles. Descriptive Research continuedDevelopmental studiesUse longitudinal and cross- sectional methods. Longitudinal method studies the same sample participants over an extended period of time while the cross- sectional method studies participants of various characteristics at the same point in time. Descriptive research continuedFollow-up studyEmployed when you intend to investigate the subsequent development of the participants after a specified treatment or condition.Descriptive Research continuedDocumentary analysisInvolves gathering data by examining records and documents.Descriptive research continuedTrend analysisInvolves studies that seek future status; employed in studies which aim to project the demands or needs of the people in the future.Descriptive research continuedCorrelational studiesDesigned to determine the extent to which different variables are related to each other in the population of interest. One can determine how much variation is caused by one variable in relation with the variation caused by another variable.Presentation and Analysis of Data This portion of the thesis presents the findings and the discussions concerning them. The thesis is expected to discuss why such results came out. It is also where the researcher compare his findings with those of previous researchers. The present findings may confirm or reject those of the past.The discussion must be presented in a very clear, accurate and logical terms. The specific questions or the hypotheses stated in the early part of the thesis may serve as the organizing points. Variables which are tied to the questions are included in the discussions.ContinuationThe discussion of the results or findings must be complete and relevant. There should be a thorough interpretation of all results and findings, and not just mere run down of the results and/or statistical results without critical analysis.Tables, graphs and other graphic devices maximize the lucidity of the presentation. But caution should be exercised so that the sequence of the appearance of these graphic devices will not in any way distract the flow of discussions.ContinuationThe reader should not find difficulty in looking for the tables. If these tables are short, they may be integrated into the text. This arrangement poses sequence easily understood by the reader so that confusion regarding location of the table may be avoided. On no condition should any table appear on an earlier page that its first presentation in the text.ContinuationThe tables are helpful in summarizing a great bulk of figures. They also help in organizing the findings or grouping the results. The tables should not be complex, so that if in one table there is complexity of presentation this should be presented in two simple tables. The best qualities of a table are visibility and readability.ContinuationIn most theses, the presentation of data and the analysis are integrated with the interpretation and discussion. Others provide for a separate chapter for the presentation and analysis of data and another chapter, for the discussion. Such will be a matter of style on the part of the researcher.Summary, Conclusions and RecommendationsThe summary puts together the highlights of the important findings of the investigation. Guided by the questions, the researcher should only include the highlights of the answers in the summary of findings. While in the presentation of data, he is meticulously introducing them point by point, here the researcher is writing bigger chunks of information.ContinuationThe conclusion is an abstraction drawn from the summary of findings and it is tied to the questions investigated.Recommendations and implications come next in the research report. Mostly, recommendations and implications are geared towards education and practical utility. The recommendations and implications allow freer thinking for the reason that as long as there is logical link between the data, conclusions and the recommendations, one is free to write down what he wishes to recommend.Suggestions for further research end this chapter. These are areas to be researched which are usually oof-shoots of the present investigation.