The Essence of Legal Research
The essence of research is to answer questions that the researcher has formulated in the pursuit of enquiry. There are various approaches to conducting research, and the objective of the research enquiry is a significant factor in determining the approach to be adopted.
Research among law scholars can generally be classified as either doctrinal or non-doctrinal. Irrespective of the approach adopted, the researcher is bound by the established rules that govern how research is conducted. It is, therefore, important that the researcher follows recognized and systematic procedures to avoid arbitrariness and to ensure that the research produces reliable and generalizable outcomes.
The Purpose and Structure of Legal Research
Research ought not to be conducted haphazardly, nor should it be done blindly, with the mere aim of populating journals with papers that may not stand the test of time. Instead, it should reflect careful thought and deliberate steps aimed at achieving worthwhile and meaningful results.
It is against this backdrop that this paper explains the essential research procedures to be followed in empirical research. These steps are divided into preliminary, field, and post-field stages.
Matters undertaken at the preliminary stage of a research are discussed in Parts Two and Three of this paper. This stage is foundational and has a direct impact on the outcome of the research. Furthermore, there are various instruments through which research is conducted, and the type and purpose of the research determine the instruments to be employed during fieldwork. These issues are addressed in Part Four, while Part Five discusses how the researcher should handle data collected while on the field.
Considering that this paper proceeds on the assumption that legal research is more doctrinal than non-doctrinal, the author outlines the advantages and disadvantages of conducting non-doctrinal research in Part Six, arguing that these disadvantages should not deter a law researcher from undertaking non-doctrinal research where appropriate.
The paper concludes with recommendations in Parts Seven and Eight respectively. In preparing this article, the author draws from her research on investigating and prosecuting corruption in Nigeria, highlighting some of the empirical steps taken during the course of that study.
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