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83 J.L. Pol'y & Globalization 51 (2019)
Interviews and Questionnaires as Legal Research Instruments

handle is hein.journals/jawpglob83 and id is 51 raw text is: 


Journal of Law, Policy and Globalization                                                         we 2iLSteOr:g
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)  DOI: 10.7176/JLPG
Vol.83, 2019                                                                                            IISTE


    Interviews and Questionnaires as Legal Research Instruments

                      Michael Sunday  Afolayan'* Omolade Adeyemi Oniyinde, Ph.D2
      1.Business & Industrial Law Department, Faculty of Law, Ekiti State University, Ado-Ekiti, Nigeria
      2.Public Law  Department, Faculty of Law, Ekiti State University, P.M.B. 5363, Ado-Ekiti, Nigeria

Abstract
This work is an inquiry into the duo instrumentalities of research namely; interview and questionnaire in the field
of legal research. It focused on issues such as nature, usefulness, types, advantages, disadvantages, reliability as
research instruments, as well as the comparison  of the two instrumentalities. The essence of this work is to
expose to legal researchers the 'pros' and 'cons' of this instruments and their multidimensional ramifications in
serving as better tools for more effective and fruitful legal research venture. In carrying out this work, doctrinal
approach was  adopted by looking at the existing literatures in the field of legal research and examining the extent,
if any, to which the survey method of research is embraced by lawyers and legal researchers to improve on the
outcome  of their research and to reflect the reality or impact of law on the society. It was discovered that what a
traditional legal researcher does is to organise his study around  legal propositions; use court reports and
conventional legal materials which are readily assessable in a law library as his principal sources of data, and
draws  conclusion from these legal materials.' The recent trend, however, is to move beyond or away from the
desk and gather information from the field in order to have more social and realistic input in legal research. This
has widened  the  scope of legal research methodology  but  the fact remained that the methods  and  strategy
adopted for any particular research project will depend on the subject matter.21n conclusion, this work provides
the basic guides in the selection, construction and administration of questionnaire and interview as research
instruments. Their uses and limitations, as well as their construction in terms of the structure and content were
also discussed. The response rate as well as the quality of information acquire will depend on the subject matter
of research, the choice of the researcher and the extent to which the suggestions in this work are utilised.
Keywords:   Legal, Research, Interviews, Questionnaires, Instruments.
DOI:  10.7176/JLPG/83-08
Publication date:March  31st 2019

Introduction
Research  is defined as a systematic search for facts or scientific investigation of principles and facts of any
subject, based on original and first-hand study of authorities or experiment.3 It involves searching into a matter
closely and carefully. It is an inquiry directed at the discovery of truth.'
     Three characteristics of research include the fact that, first, research is systematic and controlled, basing its
operation on  the inductive-deductive model  against experience whose  event occurs in a haphazard  manner.
Second,  research is empirical; that is, experience is used for validation. Subjective belief must be checked
against objective reality. Third, research is self-correcting; there are inbuilt mechanisms to protect the researcher
from error and his procedure and results are open to other professionals through revision or rejection of incorrect
result in time. Fourth, research is a combination of experience and reasoning, and it is regarded as the most
successful approach to the discovery of truth.5
     However,  no research is purely new, as even original discoveries are an extension of the search already
undertaken, being  showed  generally as expressing agreement  or  refutation or plain addition.6 In Rajkumari
Agrawala's  words;7
       Research is a continuum... Research is the gathering of evidence or information for ascertaining
       an assumption or verifying some hypothesis. It is an inquiry for the verification ofa fresh theory or
       for supplementing prevailing theories by new knowledge.
     A researcher therefore owes it a duty to examine works prevailing in his area of research and is burdened
with the heritage of information already collected in his area of work.



'Aboki, Y, Introduction to Legal Research Methodology, Second Edition, (Tamaza Publishing Co.Ltd, Zaria 2009) p.3
2 Gasiokwu, M.O.U., Legal Research Methodology, (Chenglo Ltd, Enugu, 2004) pg 3.
Worthley, B.A., Some Reflections on Legal Research after Thirty Years Silver Jubilee of the Indian Law Institute Publication No. 7, Legal
Legal Research Methodology (1983) 2.
4Ayua, I.A., Legal Research and Development in Ayua, I.A. & Guobadia D.A. (eds), Law and Research Methodology (NIALS, Lagos,
2001).
5 Babarinde, S.A., The Link Between Everyday Reasoning, Scientific Reasoning, Scientific Research and Theory, in Methodology of Basic
Basic and Applied Research (2nd ed), (Postgraduate School, University of Ibadan Publication, Ibadan, 2006.
6 Gasiokwu, M.O.U., Legal Research Methodology, (Chenglo Ltd, Enugu, 2004) pg 3.
7Ibid.


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