Law is well connected to the normal day social conditions of life.

Social Science Research deals with;

1. Ideas/views on what research is, how it’s carried out and what are Its aims.
2. Actual steps taken in carrying out research.

WHAT IS RESEARCH?

1. It is organized search for data[information].

It is based on existing data or information. This why it is called re-search.

2. It is the systematic indulgence of one’s curiosity.

The purpose of research is to know about or to contribute something new to the current state of
knowledge.

It was initially done to determine nature and the position of women in it.

Research enables us to identify a problem, gain relevant knowledge, identify a solution and
implement the solution to get results.

Research can only be done when we can find a solution.

Therefore, for research to be scientific;

1. The purpose and reason must be clear.

2. The procedure as well can be clear.
3. Procedure must be followed adequately.
4. Clear and honest analysis
5. What is found must be presented accurately.

Research is always dependant on our senses as it were.

RESEARCH METHODOLOGY

Methodology - specific ways in which we collect data.

Methodology 2-All the stages of thinking about and organizing research, collecting and analysing
data, drawing conclusions and includes research approach and research perspective

POSITIVISTIC METHODOLOGICAL APPROACH

It starts from the point that research is a specialized process which only experts can carry out.

The expert decides the area and problems of the research

Experts participate and chooses the participants

The researched community is the source of data and the community is a group of respondents

The expert researcher owns the research as a whole

This methodology was borrowed from natural science research and adopted into social science
research
PARTICIPATORY RESEARCH METHODOLOGY

They spring from the need to make social science research a public activity

The communities are no longer just respondents but are participants

The community owns the research project

They are suited to community-based researches

RESEARCH PROPOSAL

A document that sets out the most important part of our research

It has the following:

1. Issues/ limitations expected

2. Type of data needed

3. General Conclusion Expected

4. Objectives

5. Methodology of use

6. Data analysis

7. Research theoretical framework

8. A budget (if needed)

COLLECTING AND ANALYZING DATA

1. Types of data

2. Sources of Data

3. Data Collection methods

1. Types of data

a. Primary Data/ Raw data

It is first instance data. It is data that has not been interfered with.

In our case, it is the law In Its originality.

b. Secondary Data

It is data collected before by someone else. They include; articles, reviewed journals and
commentaries in digests.

2. Sources of Data
a. Primary Sources

They are drawn directly from the community or area. Fromm the people and their culture. Mainly
verbally

b. Secondary Sources

They are sources that are pre-researched. Books and reports from research.

3. Methods of data collection

a. Interviews - Face to face and impersonal

b. Questionnaires

c. Observation

-Participant Observation

-Unobstructive Observation

-Controlled Observation (field or lab experimentation/ altered conditions)

For the conclusions to be made the following should be observed

1. The meaning of each piece of data.

2. The relation between different pieces of data.

3. The overall picture provided by the data collected.

TYPES OF REASONING IN DRAWING CONCLUSIONS

1. DEDUCTIVE REASONING

It is a method of reasoning that starts from assertion of a general rule then proceeding to a
guaranteed specific conclusion.

If the original assertions are true then the conclusions must be true as well.

It involves the aspect of legal syllogism – A form of logic that is supported by two
premises(propositions) which lead to the conclusion.

A conclusion may thus be sound(true) or unsound(false)based on the truth of the original

premises.

The deductive inference from the premises to the conclusion may be valid or invalid based on
the premises which could be true or untrue not necessarily on the procedure followed to arrive
at the said conclusion.

Deductive reasoning of itself cannot increase human knowledge because it is non ampliative.

They are totalities; they are statements based on the premises thus aren’t helpful in
advancement of cognitive thought on the subject.
They cannot be used to make future predictions on the statistics.

2. INDUCTIVE REASONING

It is a method of reasoning that involves drawing explanative principles from factual assertions.

The conclusion is merely ‘likely’

It begins with observations that are specific and limited in scope then to a conclusion that is
likely but certain (in light of accumulated evidence)

It moves from specific to general conclusion.

It is majorly used in Scientific Research

The procedure is as follows:

1. Gathering of evidence
2. Seeking the pattern
3. Formulation of hypotheses

The conclusions made are not logical necessities (no amount of inductive evidence will make
conclusions clear)

This is because there’s no way of knowing whether all the possible evidence has been gathered;
hence in case new evidence is identified, it could negate the original hypothesis.

Because inductive conclusions are not logical necessities, they are untrue and are referred to as
cogent

Inductive reasoning is ampliative hence can increase human knowledge and can be used to make
future predictions.

ABDUCTIVE REASONING

It gives inference to the best explanation.

It begins with an incomplete set of observations and proceeds to the likeliest set of explanations.

Examples of such are seen in prosecutions and in doctor’s diagnosis of patients.

While cogent inductive reasoning requires that the evidence that may shed light on the
conclusion may be fairly complete, abductive research takes a creative, intuitive and
revolutionary approach.

OBJECTIVITY AND SUBJECTIVITY

(kindly make reference to the book ‘A System of logic’ by John Stuart Mill) *

Empiricist Philosophy

They believe that only those statements that can be empirically verified are true knowledge.

They depend on Inductive Reasoning.

 The steps taken in determination of the philosophy:

1. Observation of empirical facts

2 Hypothesizing

3 Inferencing and testing

4 Explanatory Theory

This thinking brought about scientific generality and uniformity in reasoning and results.

Many have regarded it as rigid and mechanistic since it has no flexibility in its approach.

This has raised concern on its use in Natura Science Research since the methodologies used are not
to lead to rigidity.

The physical/natural world can’t be explained through deterministic laws since the natural sciences
have a moral basis.

THE INTERPRETIVE METHOD

The Interpretive method is thought to result from a people’s thoughts, memories which are rooted
in culture.

The Social scientist can’t experience another’s experience. Their own perspective may distort their
data and research on the other person.

An understanding of subjective action of man must be drawn from theory that the researcher is part
of.

To make sense of an act an observer must place the act in a position where as the observer he or she
can understand.

The Social scientist uses constructs of the second degree (constructs of constructs made by actors on
the social scene).

A FEW DIFFERENCES BETWEEN SOCIAL AND NATURAL SCIENCES

1. Social scientists confront issues on human beings while natural science is concerned with
Matter.
2. Matter does not understand its own behaviour, reacts to stimulus and has no subjective
intentions (the scientist, therefore, simply observes their behaviour.). Since Social life has an
understanding of its behaviour and has subjective intentions, the scientist is required to
dwell in the society so as to research effectively

3. Social life has an internal logic which must be understood by a social scientist whereas a
natural scientist can impose an external logic on the natural life.

PURPOSE OF RESEARCH

1. Eliminate/ Make changes in societal knowledge

 To know about a given area.
 Disinterested research for knowledge
  Contribute to a currently known idea. Research has a direct impact in this aspect.
2. Contribute to knowledge in a specific discipline.
3. Helps in formation of policy [ Nyumba Kumi Research Policy]
4. Helps in addressing socio-economic issues. [ Ideas on the New Curriculum]
5. Helps address or answer a specific issue at hand.

LEGAL RESEARCH

It is the systematic finding or ascertainment of law on an identified topic or in a specific area.

It is an inquiry in law with a view of making advancements in legal research.

The Law reflects the attitudes and behavioural norms that exist in a society; it controls and moulds
these attitudes and norms.

Legal Research highlights the gap between law and societal advancements.

PURPOSE OF LEGAL RESEARCH

1. Ascertain what the law is on a particular issue.

2. Points out ambiguity and weakness inherent in a particular law.
3. Critically examining the laws in order to ensure they are coherent, consistent and stable.
4. Conducts a social audit of the law and to suggest reforms in the law.

SOME DEFINITIONS OF LAW

1. Oliver Wendell Holmes Jr.;” The prophecies of what the courts will do in fact, and nothing
more pretentious, are what I mean by the law.”
2. Austin,1977, p.107; Constitutional law is principally positive morality.

*- KINDLY DON’T DEPEND ON THESE NOTES AS A STANDARD OF PERFECT WORK. THEY ARE MERE
PARAPHRASALS FOR THE BENEFIT OF US ALL. BE BLESSED

PREPARED BY; CLYDE OMBOGA MARERI