Comprehensive Study Guide for Introduction to Research Methodology for Law and Criminal Justice (IRM1501)
MODULE OVERVIEW AND PREFACE OF IRM1501
The module IRM1501, titled "Introduction to Research Methodology for Law and Criminal Justice," is authored by Prof NQ Mabeka with contributions from Prof M Njotini, Prof M Swanepoel, and Ms Y Naidu. It serves as a foundational guide for university students at the University of South Africa (UNISA) for the years through . The primary objective of the module is to provide students with the basic skills and knowledge required to conduct research on various sources of law and criminal justice using diverse research database tools. It specifically aims to empower students with research skills applicable to both legal studies and criminal justice, emphasizing the infusion of research findings with the principles of transformative constitutionalism and social justice.
Students are expected to dedicate a total of notional hours to this module. This time allocation includes study periods, reading prescribed and additional materials, engaging in discussion forums, and communicating with lecturers via telephone, email, or the myUnisa platform. The outcomes of the module are categorized into specific cognitive skills, including the ability to apply relevant sources to given scenarios within the South African legal system, applying basic principles of transformative constitutionalism, and conducting basic research within global and comparative contexts. There are no prescribed books for the module; however, a comprehensive list of recommended materials is provided, including works by E Babbie, TL Beauchamp, JF Childress, JW Creswell, and South African legal texts by authors like Du Plessis, Kleyn, and Mandlingozi.
LEARNING UNIT 1: INTRODUCTION TO LAW RESEARCH
Research is frequently misunderstood as either limited to a laboratory setting involving microscopes and Bunsen burners or used loosely in a non-academic sense, such as "market research" before a purchase. In the context of law and criminal justice, research is defined by The Free Dictionary as the "systematic investigation to establish facts or principles or to collect information on a subject." Creswell further elaborates that research is a process of steps used to collect and analyze information to increase understanding of a topic. This process fundamentally consists of three steps: posing a research question, collecting data to answer that question, and presenting the final answer. In the legal sphere, research is a process of assessing, criticizing, expanding, or contributing to existing knowledge.
Research is vital because it enables an in-depth analysis that ensures fruitful results and the enhancement of knowledge. Specifically, it keeps practitioners up to date with new information, increases topical knowledge, clarifies expert opinions, assists in understanding complex subjects, and introduces students to professional writing and publishing. Scientific research is characterized by being facts-based (empirical or non-empirical), logical, objective, and precise. It is a systematic investigation of theories and propositions. In contrast, non-scientific research, often called "pseudo-research," is collected haphazardly or carelessly, based on casual observations or faith, and yields findings that cannot be reproduced.
Basic research methods in law are primarily document-based. This involves finding, reading, analyzing, and comparing various sources of law, such as law reports, legislation, and textbooks. Legal research specifically refers to the process of finding answers to legal questions or searching for precedents for trial or pleadings. It can also identify "cases of first impression" where no prior legal precedent exists. Once sources are consulted, researchers must maintain a record in the prescribed OSCOLA (Oxford Standard for the Citation of Legal Authorities) format as required by the College of Law.
LEARNING UNIT 2: DOCUMENT-BASED RESEARCH
Document-based research is synonymous with qualitative research. It involves the review of literature and sources typically found in libraries, such as legislation, law reports, law journals, and textbooks. This methodology seeks to answer the question "why?" by studying phenomena in their natural setting and interpreting the meanings people bring to them. It is essential because it provides current answers to legal problems, identifies gaps in current literature, and determines if a subject has been fully explored.
The research process follows a three-part structure: Plan, Do, and Report. Planning involves a systematic approach known as the FIA system: Facts, Issues, and Applicable law. First, a researcher must establish the legally relevant facts of a case, distinguishing them from incidental facts. For example, in the case of Makate v Vodacom (Pty) Ltd SA CC, the relevant facts concerned the "please call me" innovation and the compensation agreement, while facts regarding prescription were incidental. Second, these facts are analyzed to identify the legal issues (e.g., Law of Contract or Delict). Third, the researcher determines the applicable law, such as Common Law or the Constitution of the Republic of South Africa, .
In the "Doing" phase of research, summarizing cases is a critical skill. A standardized case summary includes the citation, summary of facts, the legal question, the ratio decidendi (the reason for the decision), and the final finding. Researchers must distinguish between the ratio decidendi, which is binding on lower courts due to the principle of stare decisis, and obiter dicta, which are incidental remarks with only persuasive force. Furthermore, one must distinguish between the majority judgment and the minority or dissenting judgment. Reporting findings often follows the IRAC method: Issues, Rules, Application, and Conclusion. This universal legal writing structure ensures that the identified rules are logically applied to the issues to reach a valid legal conclusion.
LEARNING UNIT 3: EMPIRICAL RESEARCH
Empirical research is also referred to as quantitative research and involves the collection and analysis of data from human participants. While legal research is often document-based, empirical methods allow researchers to use interviews, surveys, or questionnaires to gather data. For instance, a property law researcher might interview sheriffs to understand execution sale procedures, or a family law researcher might use questionnaires to evaluate the effectiveness of divorce mediation. Data in this context is defined as numeric or verbal information collected to investigate a topic in a focused, structured manner.
Empirical research in the social sciences generally has four primary components based on its purpose: descriptive, exploratory, explanatory, and evaluation research. Descriptive research aims to define social problems, asking "how" and "why," such as counting how many sexual offences courts exist in South Africa. Exploratory research is used for topics with little prior study, such as investigating journalists' opinions on the POPI Act. Explanatory research explores the reasons why things are the way they are, such as magistrate perceptions of restorative justice. Evaluation research specifically measures the impact of policies or interventions, such as the effectiveness of child justice diversion programs.
The generic steps of empirical research include: Step , identifying and narrowing the research problem; Step , research design (experimental or non-experimental); Step , data collection informed by a theoretical path; Step , analysis and presentation of findings; and Step , drawing interpretations and acknowledging limitations. Sampling tools for this research include random sampling (Simple, Systematic, Stratified, or Cluster) and non-random sampling (Convenience, Purposive, Snowball, or Quota). The choice between qualitative and quantitative depends on whether the researcher is focusing on the character of data (perception/experience) or the countable sum of events (statistical values).
LEARNING UNIT 4: ACCESSING INFORMATION
Accessing legal information requires distinguishing between authoritative and persuasive sources. Authoritative sources contain binding legal rules and include legislation, case law, common law, and customary or African indigenous law. Persuasive sources are influential but not binding, such as foreign law or modern secondary legal writers (textbooks and journals). Information platforms like Wikipedia are explicitly excluded as valid research sources. South African researchers have access to several key databases: Jutastat and My LexisNexis for full text judgments and legislation, Sabinet for African journals, SAFLII for free access to judgments, and HeinOnline for international law journals.
Using the UNISA library effectively is a learned skill. The library maintains a collection of over printed items, other items, and current periodical titles. To access electronic databases, students must navigate the UNISA library website, select "Find e-resources," and log in using their student number and myUnisa password. Referencing is the final component of accessing information, serving to separate a writer’s ideas from their sources. In the UNISA School of Law, the OSCOLA referencing style is mandatory. Students must use footnotes—brief notes at the bottom of the page—to cite acts, judgments, and books. A fundamental rule is that a researcher must never refer to a source they have not personally consulted.
LEARNING UNIT 5: TRANSFORMATIVE CONSTITUTIONALISM IN RESEARCH
Transformative constitutionalism is a concept introduced by Karl Klare in , defining it as a long-term project of constitutional enactment and interpretation committed to transforming a country's political and social institutions into a democratic, participatory, and egalitarian society. It is grounded in the Preamble of the South African Constitution, which identifies the need to heal the divisions of the past and establish a society based on social justice and fundamental human rights. Unlike a sudden revolution, it represents large-scale social change through non-violent political processes grounded in law. Chief Justice Pius Langa emphasized that the Constitution represents a decisive break from an authoritarian, racist past toward an aspirational egalitarian ethos.
In legal research, transformative constitutionalism requires researchers to apply democratic values—human dignity, equality, and freedom—to every legal principle. This application is evident in case law such as Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd SA CC, where the court discussed infusing the law of contract with values of Ubuntu and fairness. Other landmark cases include Shilubana v Nwamitwa (affirming gender equality in chieftainship) and Bhe v Khayelitsha Magistrate (striking down primogeniture). African research methodology also centers on the concepts of Ubuntu and social justice. Ubuntu is described as "a person is a person through others" (umntu ngumntu ngabantu), emphasizing interdependence and compassion. Social justice focuses on need, desert, and equality, as seen in cases like Soobramoney (access to health care) and Grootboom (access to housing).
LEARNING UNIT 6: ETHICS IN RESEARCH
Research ethics are distinct from law and refer to the rules for distinguishing between right and wrong in the conduct of research. These principles trace back to Aristotle’s "virtue ethics," which concern the common good. Ethical research must adhere to several fundamental principles. Informed consent requires that participants in empirical studies fully understand their role and participation; for participants under the age of , parental or guardian consent must be obtained. The principle of "no harm" ensures that research subjects are protected from physical, emotional, or psychological distress. Researchers also have a duty to ensure anonymity and confidentiality by separating participant identities from their responses.
Voluntary participation is a core requirement, meaning researchers must avoid coercion, undue influence, or deception. Plagiarism constitutes a major ethical breach, defined as the wrongful appropriation of another's ideas or expressions and publishing them as one's own. It manifests in three primary forms: ) taking passages verbatim without quotation marks or credit; ) paraphrasing a source without acknowledgment; and ) using a substantial part or the entirety of a text without permission or citation. Adhering to these ethical guidelines is essential for the credibility of research and for obtaining a passing mark in the module.