Introduction to Research Methodology for Law and C
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IRM1501
Introduction to Research Methodology for Law and Criminal Justice
PORTFOLIO MEMO
SEMESTER 2 - 2023
UNIQUE NUMBER: - 863366
Due date: - 2-6 October 2023
Includes Footnotes and/or Bibliography
QUESTION 1
Discuss document-based research with reference to examples.
QUESTION 2
(10 marks)
Why is scientific research, as opposed to non-scientific research,
important?
(10 marks)
Question continues…
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LLB EXAMPACKS & TUTORIALS.
Introduction to Research Methodology for Law and Criminal
Justice
80 Marks
Duration from 2 October to 6 October at 12h00
Unique number: 863366
Examiner: Dr NQ Mabeka
External Moderator: Prof M Swanepoel
1
, EXAM QUESTIONS
QUESTION 1
Discuss document-based research with reference to examples.
(10 marks)
QUESTION 2
Why is scientific research, as opposed to non-scientific research, important?
(10 marks)
5
,QUESTION 3
Karl Klare describes transformative constitutionalism in the following words:
“Transformative constitutionalism connotes an enterprise of inducing large-scale
social change through nonviolent political processes grounded in law. I have in mind
a transformation vast enough to be inadequately captured by the phrase 'reform,' but
something short of or different from 'revolution' in any traditional sense of the word.”
Discuss the basic principles of transformative constitutionalism. (15 marks)
QUESTION 4
List the relevant principles of ethics in research and provide examples where
necessary? (5 marks)
QUESTION 5
Find the case of S v Makwanyane and Another (CCT3/94) 1995 ZACC 3; 1995 (6)
BCLR 665; 1995 (3) SA 391; [1996] 2 CHRLD 164; 1996 (2) SA CR 1 (6 June 1995).
Write an essay about this case, covering the following:
1. the facts of this case;
2. the legal question;
3. the decision of the court;
4. demonstrate why this case is important in relation to the notion of Ubuntu.
(40 marks)
TOTAL MARKS = 80 MARKS
6
, QUESTION 1
Document-based research is also referred to as the qualitative method of research or
qualitative research. Accordingly, there is generally no difference between the
aforementioned terms. qualitative research, is research that is document based and vice
versa. Document-based research deals with the reviewing of sources that are mostly
sourced from or found in the library. These sources include law reports, legislation,
textbooks, law journals, and so forth. 1 Essentially, researchers conduct an assessment of
the available literature in an attempt to find the required answer or what has been written
on a specific subject. In doing all this, researchers seek to “immerse themselves in the
subject matter” and cultivate contemporary concepts that significantly enhance their
understanding and clarification of reality.2
Hancock, Ockleford and Windridge state that document-based research is attempts to
broaden and/or deepen our understanding of how things came to be the way they are in
our social world. If the research question involves exploring how people experience
something, or what their views are, exploring a new area where issues are not yet
understood or properly identified (e.g. before developing questionnaire items), assessing
whether a new service is implementable, looking at ‘real-life’ context, or a sensitive topic
where you need flexibility to avoid causing distress, your team probably needs to discuss
using qualitative methodology.3
When researchers follow the document-based research method, they seek to answer or
respond to the question “why”? According to Black4, researchers do all this in order to
“study things in their natural setting, attempting to make sense of, or interpret, phenomena
1 Williams C “Research methods” 2007 (5) Journal of Business & Economic Research 65–72 67.
2 Hagan FE Essentials of research methods in Criminal Justice and Criminology (Pearson Education Boston 2005) 19
3 Hancock B, Ockleford E and Windridge K “An introduction to qualitative research”
https://www.rdsyh.nihr.ac.uk/wp-content/uploads/2013/05/5_Introduction-to-qualitative-research-2009.pdf
(Date of use: 05/09/18)
4Black N “Why we need qualitative research” 1994 (48) Journal of Epidemiology and Community Health 425– 426.
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