Qualitative Empirical Legal Research

Module title	Qualitative Empirical Legal Research
Module code	LAWM152
Academic year	2023/4
Credits	15
Module staff	Professor Richard Moorhead (Convenor)

Duration: Term	1	2	3
Duration: Weeks	11

Number students taking module (anticipated)	5

Module description

This module covers core qualitative methods in socio-legal (empirical) research, developing a critical understanding of research design, data sources, data collection, and analysis in empirical research in law as well as the ethical issues raised.

Module aims - intentions of the module

The module particularly aims to be enable to explain, critique, and apply core qualitative methods in socio-legal research to research problems. As such it is essential preparation for the MRes dissertation and increasingly useful in fields such as legal design and legal service evaluation.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

1. Demonstrate a good understanding of how differing qualitative research designs and methods can be applied to socio-legal research questions
2. Demonstrate an ability to critically evaluate the appropriateness and execution of qualitative research methods, design and analytical approaches in socio-legal contexts
3. Be aware of the range of ethical issues involved in empirical research in law.
4. Be aware of the strengths and weaknesses of comparative and cross-cultural research

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

5. Demonstrate and be able to apply sensible choices about qualitative research design to a research question
6. Be able to critically evaluate qualitative research design, methods, and analytical choices in empirical research
7. Demonstrate a knowledge of the key steps in delivering a research project deploying core methods including understanding qualitative data analysis and being able to make effective choices about data analysis

ILO: Personal and key skills

On successfully completing the module you will be able to...

8. be able to use IT effectively and appropriately to help analyse data from a variety of sources;
9. be able to critically reflect on research design, data collection and analysis;
10. be able to undertake independent/self-directed learning (including time management) to achieve consistent, proficient and sustained attainment;

Syllabus plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics (with some possible variation in the order of delivery):

The strengths and weaknesses of different qualitative research methods
The role and significance of research questions
Sampling for qualitative research
Design choices
Research Ethics, cross-cultural and cross-jurisdictional data.
Instrument choice and design
Data collection and analysis
Further methodological issues: cross-cultural and cross-jurisdictional data.
Practical research design exercises.

Teaching sessions will be a mixture of staff led discussion, student presentations, and practical exercises. Preparation for classes, which may include the submission of exercises in advance as part of the portfolio to be prepared for assessment, will be essential.

Learning activities and teaching methods (given in hours of study time)

Scheduled Learning and Teaching Activities	Guided independent study	Placement / study abroad
15	135	0

Details of learning activities and teaching methods

Category	Hours of study time	Description
Scheduled Learning and Teaching	15	10 x 1.5-hour seminars
Guided Independent Study	80	Preparation for seminars / assigned seminar readings
Guided Independent Study	25	Preparation for, and writing of, the formative assessment
Guided Independent Study	30	Preparation for, and writing of, the summative assessment

Formative assessment

Form of assessment	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Draft portfolio entry learning exercise	500 words	1-10	Individual written feedback (with oral feedback upon request)

Summative assessment (% of credit)

Coursework	Written exams	Practical exams
100	0	0

Details of summative assessment

Form of assessment	% of credit	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Portfolio of 5 learning exercises from the class	100	5 exercises (maximum total of 2,500 words)	1-10	Individual written feedback (with oral feedback upon request)

Details of re-assessment (where required by referral or deferral)

Original form of assessment	Form of re-assessment	ILOs re-assessed	Timescale for re-assessment
Portfolio of 5 learning exercises (maximum total of 2,500 words)	Portfolio of 5 learning exercises (maximum total of 2,500 words)	1-10	Referral/Deferral period

Indicative learning resources - Basic reading

Clark, T., Foster, L., Sloan, L & Bryman, A. (2021) Bryman’s Social Research Methods (6^th Edition). Oxford University Press. A book worth having ready access to.
Cane, P. & Kritzer, H.M. (2010). Oxford Handbook of Empirical Legal Research. Introduction, pp1-8.
Silverman, D. (2007). A Very Short, Fairly Interesting and Reasonably Cheap Book about Qualitative Research. London: Sage – Chapter 2: On Finding and Manufacturing Qualitative Data (pp31-55).
Ellison, L., & Munro, V.E. (2010). Getting to (not) guilty: examining jurors’ deliberative processes in, and beyond, the context of a mock rape trial. Legal Studies, 30(1), 74-97.
Roulston, K. (2010)Considering quality in qualitative interviewing. Qualitative Research, 10(2) 1-30.
Vaughan, S., & Oakley, E. (2016). ‘Gorilla exceptions’ and the ethically apathetic corporate lawyer. Legal Ethics, 19(1), 50-75.
Empson, L. (2017). Elite interviewing in professional organizations. Journal of Professions and Organization, 5, 58-69
Dhami, M.K., & Ayton, P. (2001). Bailing and Jailing the Fast and Frugal Way. Journal of Behavioural Decision Making, 14, 141-168.

Indicative learning resources - Web based and electronic resources

(Podcast) Introduction to Semi-Structured Interviewing, Talking About Methods, L. Mulcahy http://frontiers.csls.ox.ac.uk/semi-structured-interviews/
Fugard, Potts, Atkinson, Delamont, Cernat, Sakshaug, Williams, Potts, Henry W. W., Atkinson, Paul, Delamont, Sara, Cernat, Alexandru, and Williams, Richard A. Thematic Analysis / by Andi Fugard & Henry W. W. Potts; Edited by Paul Atkinson, Sara Delamont, Alexandru Cernat, Joseph W. Sakshaug & Richard A. Williams. 2020. https://methods-sagepub-com.libproxy.ucl.ac.uk/foundations/thematic-analysis
Bridget Toy-Cronin (2015) Keeping Up Appearances: Accessing New Zealand's Civil Courts as a Litigant in Person, pp. Ethical issues (pp.70-85) in https://ourarchive.otago.ac.nz/bitstream/handle/10523/6003/Toy-CroninBridgetteA2015PhD.pdf?sequence=1&isAllowed=y
A Melville, D Hincks 'Conducting Sensitive Interviews: A Review of Reflections. (2016) Law and Methods, 1 http://www.lawandmethod.nl/tijdschrift/lawandmethod/2016/05/lawandmethod-D-15-00008
Judicial Office, Judicial Participation in Research Projects https://www.judiciary.uk/publications/judicial-participation-in-research-projects/
Emilia Korkea-aho and Päivi Leino, ‘Interviewing Lawyers: A Critical Self-Reflection on Expert Interviews as a Method of EU Legal Research’ (2019) European Journal of Legal Studies (17-47) https://ejls.eui.eu/wp-content/uploads/sites/32/2019/01/3.-EJLS-NoLesLaw-Korkea-aho-Leino.pdf

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Qualitative Empirical Legal Research Skills

Credit value	15
Module ECTS	7.5
Module pre-requisites	None
Module co-requisites	None
NQF level (module)	7
Available as distance learning?	Yes
Origin date	01/10/2007
Last revision date	14/04/2023