Figure 1 Outcomes, research activities and enabling processes
Figure 1 is a diagram that shows the research process divided into three stages. Each stage is represented by a linear series of boxes, each containing text, that are joined by one-way arrows. Some of the boxes are grouped together via a shaded background and given a title. The three stages are placed one above the other, with upward pointing, one-way arrows pointing from the bottom stage to the middle stage and from the middle stage to the top stage. The first stage, at the bottom of the diagram, is titled ‘Enabling processes’. It consists of three boxes in a row. From the left, the first box contains the text ‘Secondary research’ and a one-way arrow points to the second box; the second box contains the text ‘Primary research’ and a one-way arrow points to the third box; the third box contains the text ‘Writing’. The second stage, consists of seven boxes in a row. The middle five boxes are grouped under the title 'Research activities’. From the left, the first box contains the text ‘Research Proposal’ and a one-way arrow points to the second box, which is the start of the research activities group; the second box contains the text ‘Define research problem’ and a one-way arrow points to the third box; the third box contains the text ‘Define research method’ and a one-way arrow points to the fourth box; the fourth box contains the text ‘Undertake investigation’ and a one-way arrow points to the fifth box; the fifth box contains the text ‘Analyse data to produce results’ and a one-way arrow points to the sixth box; the sixth box contains the text ‘Draw conclusions’ and a one-way arrow points out of the research activities group to the seventh box; the seventh box contains the text ‘Dissertation’. The third stage, at the top of the diagram, is titled ‘Outcomes’. It consists of three boxes in a row. From the left, the first box contains the text ‘Addition to public knowledge’ and a one-way arrow points to the second box; the second box contains the text ‘Addition to private knowledge’ and a one-way arrow points to the third box; the third box contains the text ‘Addition to personal knowledge’.The difference between public and private knowledge is that public knowledge is commercially published and therefore available to all, whereas private knowledge is restricted to the organisation or institution that commissioned the research. As such, it becomes ‘grey literature’ where the purpose of generating the knowledge is not primarily for publication.This overview of the research process makes it seem quite straightforward. In reality it is likely to feel chaotic at times and possibly more stressful than the overview suggests. At the beginning you can feel confused, tentative and sometimes unsettled. It is important to have faith in yourself and believe that your research question or aim will become clearer the more focused work you do and the more critical decisions you take; this is normal. It is also something that should be captured explicitly in your research diary; how you interrogated this source and honed that concept (the use of a research diary is discussed in Section 2). This helps you to understand the debates that underpinned your research and the struggles with critical decisions that you took along the way; in turn, it enables you to communicate this when writing your research project. It also demonstrates the logic of what has been done and how it has been concluded.2 Getting startedThis section explores ways in which ideas for research can be generated and considers the importance of refining research ideas by evaluating their suitability. It ends by looking at how to design a good research question. The aims of this section are to:assist you in generating research ideasenable you to identify a number of research questionsencourage you to refine your research questionsexplore common pitfalls in the design of research questions.As you work through this section you will be asked to identify three possible research questions. You will then explore how you can refine these by evaluating them for their suitability.When generating research ideas to create a research question it can be helpful to think about topic areas. You could choose a topic: in which you are interested; around which there is current debate; where there are proposals for reform or where there has been recent reform; where the law in one jurisdiction has taken a different approach to the law in other jurisdictions; where a significant precedent has just be set or where there are significant identifiable failings in a system. This approach can assist in your search for a research idea. That idea can then be refined into a research question.The flow diagram in Figure 2 represents the first three stages of the research selection process explored in this section. This process continues with feasibility and risk analyses which are covered in Section 3.
Figure 2 Flow diagram showing the stages of the research selection process explored in Section 2
Figure 2 is a flow diagram. It has three stages, and flows from the top downwards with a loop back from the third stage to the first stage. The first stage is set in a square and contains the text: ‘Generate ideas’, an arrow then leads to the next stage. The second stage is set in a square and contains the text: ‘Suitability test’ an arrow then leads to the next stage. The third stage is set in a diamond and contains the text: ‘Is the research suitable?’, an arrow labelled 'no' leads back to the first stage. There is no route given for any other answer.2.1 Generate research ideasGenerating ideas for suitable research questions can be difficult but there are various approaches and techniques that can help.Keep a research diaryYou will find it helpful to keep a research diary. Its purpose is to form a permanent record of thoughts, actions, searches, notes, news items and references that you collect and generate when preparing, undertaking and reflecting on your research. A research diary provides a record of your personal learning journey and enables you to get the most out of your research. It acts as an important record of your work and progress.Traditionally, research diaries have been paper-based and chronological or alphabetical in nature. The advent of electronic records offers new ways of keeping a research diary with some useful features, such as the search function. You may choose to keep your diary online, on paper or electronically using word processing or note-making software. The key point is that whichever method you choose, you should try to add regular and consistent entries, including reflection on your research, the feedback you receive and the progress you make.It is important that your research diary is right for you and assists your research, so it is worth considering alternatives before deciding upon the format you want to use.Throughout your research you should keep a record of your notes and reflections on the material you generate and collect. This can be used to actively learn as well as archive your progress. As you undertake tasks and activities, record any problems and ‘unknowns’. These may indicate gaps in knowledge and be the start of defining a suitable research question.Your research diary is both a personal resource and a learning tool. It is a space to archive your notes, ideas, critical thinking, as well as reflection on your study and research skills development. To ensure your research diary is an effective learning tool:write in it regularly, even if entries are sometimes shortuse questions or prompts to help you focus on the task you need to completethink about whether your entry is descriptive, interpretative, investigative, analytical or evaluativeconsider illustrative techniques such as mind maps or diagrams using colour to make them more engaging and memorable (you will explore this technique shortly)review entries to see if you can find key themes and recognise what longer-term action you might need to take (e.g. to improve a particular research skill)spend some time at the end of each week reviewing and reflecting on what you have learned and planning how you will move forwardremember that writing itself can be used as a learning tool, for example, to explore ideas as a way of understanding them.2.2 BrainstormAlthough brainstorming is generally considered to be a group creativity technique, it can be used individually to generate ideas. If you decide to use this technique, I suggest that you adapt the rules along the lines indicated in Box 1 and think in terms of three separate sessions.Box 1 Approach to brainstorming adapted for personal useSession 1Rule 1: do not criticise(Self) criticism can be a significant inhibitor to creativity and as much a demotivator for the individual as it is for a group. Reserve the criticism of your ideas for Session 3, which is devoted to evaluation.Rule 2: work for quantityThe more ideas you produce, the more likely you are to generate some good ones.Rule 3: encourage your mind to freewheelThe most outlandish thoughts can sometimes be the trigger for a practical idea.Rule 4: try to imagine what suggestions others might makeIf you put yourself into another person’s shoes you can often see the problem from a different viewpoint.Rule 5: record all ideasThis can be done by hand or electronically; sit down with a large sheet of paper (A3 or larger) or use an app. Write everything down, even your most fleeting or seemingly ridiculous thoughts. When you have exhausted your creative energy it is a good idea to stick your sheet of paper on a wall or set it as your screen saver where it will be visible.Session 2Rule 6: build on ideasYou can use the concept of building on ideas during Session 1, but it is often better to let the ideas that you have generated ‘mature’ in the back of your mind for several days. You can then come to the ideas afresh, play with each in turn, look at them from another viewpoint, combine them, and so on. As such, this will become an iterative process, where new ideas build on old ones and old ideas are adapted to take account of new ones.Session 3Rule 7: reduce your listThe first two sessions were concerned with expansion, this one concentrates on contraction. The aim is to carry forward two or three ideas that are worth further detailed work and consideration.2.3 ScanScanning material such as journals, organisation documents and web pages can help generate ideas. Journal abstracts are useful for ideas about current research; conclusions often mention the need for more research, suggesting gaps or hinting at areas that require further investigation. Organisation documents can provide insights into how legal issues are being engaged with; they may suggest gaps and difficulties that are ripe for research.Websites can also be a useful and quick way of generating ideas. Most especially because the information is current and presented succinctly. Hyperlinks and search facilities also enable you to follow an interest with ease. Websites that may be relevant for researchers include those of international organisations, governments, international courts, academic blogs and funded research projects, for example.Court reports, particularly those containing judicial ‘asides’ are a valuable source of ideas. Equally, official inquiries that have a particular remit often indicate peripheral but important matters not investigated. When you are generating or refining ideas these sources are a rich seam for you to mine.2.4 Mind mapsMind maps (sometimes called spray diagrams) are good for remembering things, taking notes, saving time and concentrating. They are also great for generating ideas. Figure 3 shows an example of a mind map.
Figure 3 Mind map diagram
Figure 3 is designed to illustrate how a mind map can be drawn. The figure has a centre circle shaped like a cloud from which four straight lines are drawn. The centre circle contains the words ‘Topic’. Along each of the four straight lines the words ‘Main Point’ appear. At the end point of each of the four straight lines further short lines are drawn in different directions. Each of these short lines leads to the words ‘Sub-point’.A cause and effect diagram is a way of analysing the possible causes of a problem so that they can be examined separately to seek a solution. It may also be referred to as a 'fishbone' or 'Ishikawa' diagram. The 'effect' is the problem for which a solution is sought, such as the growth of international piracy. It is written in a box at the end of a long arrow, as shown in Figure 4:
Figure 4 The first stage of creating a cause and effect diagram on the growth of international piracy
Figure 4 is a simple diagram with a single horizontal arrow pointing to the right, leading to a box that contains the text ‘Piracy growing’The 'bones' of the fish are then added as shown in Figure 5.
Figure 5 An example of the cause and effect technique applied to the growth of international piracy
Figure 5 is a diagram that builds on Figure 4. The horizontal arrow leading to the right to the box labelled ‘Piracy growing’ (from Figure 4) are in the centre of the diagram. There are two boxes above the middle arrow and two below, they are spaced apart to approximately the width of the middle arrow. They effectively form a row above and below the middle arrow, each row being partially offset to the left in relation to the middle arrow. The text in the top-left box contains the text ‘State enforcement’. The text in the top-right box contains the text ‘Law of the Sea’. The text in the bottom-left box contains the text ‘Business’. The text in the bottom-left box contains the text ‘Security Council’. From each of these four boxes a long left-to-right diagonal arrows point to the middle arrow, each is parallel to its neighbouring arrow. Each of these four arrows has three smaller, labelled arrows placed alternately right and left along its length. From the top-left box to the middle arrow the three labels read: ‘Failed states’, ‘Short-term mitigation’, ‘Long-term mitigation’. From the top-right box to the middle arrow the three labels read: ‘Definition problem’, ‘Territorial and high seas’, ‘Articles 100−107’. From the bottom-left box to the middle arrow the three labels read: ‘Ransoms’, ‘Ship hardening’ and ‘Insurance’. From the bottom-right: ‘Chapter VII UN Charter’, ‘Arrested pirates’ and ‘Prosecutions’.Each 'bone' represents a possible cause of the problem. Further bones can be added until all the possible causes have been identified. The bones themselves can be broken down to aid understanding if required.The fishbone technique keeps the ideas separate so that they can be considered more easily but also shows how they may be interconnected.2.5 Decision treesA decision tree is usually used to depict the options or various courses of actions available for solving a problem. This allows the relationships between options to be clarified, revealing the different decision points and the levels that exist. If something goes wrong, the decision can be re-examined and the point at which the wrong option was chosen can be identified.Box 2 Example of a decision treeA young manager had an idea for what seemed to be a potentially profitable business opportunity. He discussed it separately with two business acquaintances, both of whom expressed enthusiasm. One had money. The other had relevant expertise and a small company that might be used to nurture the venture, but also represented a threat.The young man was struggling to sort out how best to proceed; he had about six alternatives in his head but had not separated them out clearly. Each time he started to think about any one of them, he would quickly switch to others and end up going round in circles.Then he produced a decision tree as shown in Figure 6. This was no more than a diagram of his options but it helped him to clarify them in his mind and he was able to think them through. Before a decision is made, each of the options must be evaluated and the possible outcome predicted.Options can also be weighted to indicate probability.
Figure 6 A simple decision tree. Note that in the diagram, decision points are shown as circles with the possible choices on the right.
Figure 6 is a decision tree diagram. It has three circles that are spaced apart and are arranged in a diagonal row from the bottom-left to the top-right. Each circle has a labelled arrow exiting from the top that then has a right-angle turn to point, horizontally, to the right that points to the next circle to the right if there is one. Each circle has a labelled arrow exiting from the bottom that then has a right-angle turn to point, horizontally, to the right. The right-most (and highest) circle also has a labelled, horizontal arrow pointing straight from the right, between its top and bottom arrows. From the left, the first circle's arrows are labelled: top arrow ‘Proceed’, bottom arrow ‘Do not proceed’; the second circle's arrows are labelled: top arrow ‘Proceed jointly’, bottom arrow ‘Proceed alone’. The third circle's arrows are labelled: top arrow ‘Proceed with A’, middle arrow ‘Proceed with B’, bottom arrow ‘Proceed with A and B’.2.6 Using drawing techniquesThe use of a research diary, mind maps, cause and effect diagrams and decision trees have been suggested to help you produce three possible research questions. You will do this in Activity 1.Activity 1Work through one or two drawing techniques to generate three possible topics that you might research. Do not worry about being rigorously faithful to a particular technique. The purpose of this activity is for you to think about possible research questions.If you are unsure of what you want to research, a good starting point might be to choose three or four themes and generate one idea around each theme. Possible themes could be international law, rights, comparative law or regulation.When you have reviewed a theme, you might draw a mind map to capture your understanding. Start by putting the theme in a central blob and radiate out with thoughts about that theme; these are effectively sub-topics which you are using to break down the main theme. These sub-topics might cover jurisdiction, evidence, exceptions, common criticisms, outcomes of reviews etc. If, for example, you choose a particular landmark case, your sub-topics could be the judgment, conflicting judgments, dissenting opinions, composition of the court, definitions and any academic articles that discuss the case. If you are looking at a particular topic in international law, your sub-topics could be core cases, core statutes, core treaty articles, brief facts etc. Use single words or concepts to keep the mind map sharp and concise.You will need to review the mind map to make sure that it best captures all of your thoughts around the theme. Mind maps help you appreciate how ideas progress not just chronologically, but creatively. They help you identify key concepts and approaches, and provide a fuller understanding of the topic with clarity and purpose.2.7 Suitability analysisTo help you determine the suitability of your potential research questions, you should consider whether or not each one is suitable for:youstakeholders (such as the institution where you are studying, your tutor or employer).2.7.1 Is the research question suitable and appropriate? You will live with your chosen research question for many months, so you must choose something that will retain your interest. Your research is more likely to be satisfying and have a successful outcome if the topic is congruent with knowledge and skills that you already possess or that can be developed easily over the next year. This is an important point. You should not pursue a problem that requires you to learn and master major new skills.If you have already significant knowledge of the research question and context, it is likely that you will have insights into the causes and the factors that have an impact on them. You may consider that you fully understand how to investigate it in order to achieve the best results. Whilst it is entirely appropriate to take full advantage of your knowledge and understanding, it is important to recognise the downside of this situation. Your existing knowledge may lead to a lack of objectivity and a tendency to make subjective judgements instead of evaluations based on sound evidence.2.7.2 Is the research question suitable for stakeholders?Your research question must enable you to show how its findings have broader interest. A doctrinal/black letter law approach is unlikely to deliver on this criterion without some consideration of the wider social context. The aim is for you to move away from considering the law for the law’s sake, to placing the law within its wider context. Your research may be focused on a piece of proposed or actual legislation, a case or legal ruling, or an organisation, but the significance of your results must be considered with relevance to the wider context.You will need to demonstrate the wider relevance of your research in your proposal. This will be especially important if your primary investigation is exclusively within a single organisation, or on a particular piece of legislation, as it may not be obvious that the results are applicable elsewhere. It is not enough just to state that the relevance exists; you must provide evidence in the form of a logical argument or citation of reputable sources that identify a common problem across a range of organisations, cases or countries. Your literature review is important in setting the context of your research.There is also the possibility that your employer or an organisation to which you are connected might want you to research something of interest to them. This means that you have a stake in the research beyond just being the researcher. It is important to recognise that this could lead to a conflict of interests between the objectives of your research and those set out by your employer, or organisation. It may well be best to choose a research topic and problem that is not of interest to your employer or organisation so you do not have to negotiate a delicate balance between the two. After all, the real and long-term value to employers and organisations is the knowledge and skills that you develop throughout the research process. Consider if your findings were not complimentary to the organisation’s commercial or ethical objectives. This would put you in a difficult position and in an unfavourable light. So for these reasons some caution is advised.2.8 The difference between a topic and a research questionIt is often relatively easy to identify an area you want to learn more about or investigate in some way. Formulating this into a research question can be more difficult. The statement ‘I want to study the work of the International Labour Organisation’ is too ill defined to be a research question. It is an area of inquiry that will be addressed over time by a number of researchers. It is not enough to identify a subject or phenomenon and say ‘I want to know about X’. You need to specify what you want to know about X, how you might know it and why it is worth knowing.There are two other pitfalls into which it is relatively easy to fall.Not starting with an open mindSome researchers want to investigate an issue about which they have already a firm opinion. These problems are value laden:Why is the Corporate Manslaughter and Corporate Homicide Act 2007 not working?Investigation into why special international courts deliver better justice than traditional justice mechanisms.Each implies an answer or assumes something about the world. The danger is that the ‘research’ will be distorted to serve the assumption and will therefore have little value. Research should step back to ask a general question without assuming outcomes so the evidence can speak. Asking why the Corporate Manslaughter and Corporate Homicide Act 2007 is not working assumes that it is not. The starting point should be questioning whether or not it is working. As a legal text your work must be transparent in using evidence to evaluate and not preload your research outcomes.Lack of contextIt is easy to be so focused on your own ideas that you forget that there is an existing discourse, a whole literature, to consult. An idea may be so consuming to an individual that they miss (or ignore) the possibility that someone has already dealt with it in a similar context. At first sight this example might seem to have potential for a legal study:Undertaking a feasibility study of the effectiveness of the law of the sea.However, a brief look at relevant literature quickly suggests there is already a significant body of knowledge on this topic. The big questions have already been answered so a particular niche would have to be found in order to say something grounded and original.SummaryThis section has introduced the first three stages of the research selection process. It has enabled you to generate a number of research ideas using a research diary and a range of other techniques. The process of undertaking a suitability analysis was outlined as a way of identifying which potential research question was the most suitable from a personal, stakeholder and research project perspective. A further process of evaluation was also presented which considered the difference between a topic and a problem, bias and a lack of context.3 Literature review and referencingWhen thinking about any risks associated with your research you may realise that it is difficult to predict your research needs and the accompanying risks as you were not sure what information would be required; this is why a literature review is necessary. A thorough literature review will help identify gaps in existing knowledge where research is needed; filling those gaps is one of the prime functions of research. The literature review will indicate what is known about your chosen area of research and show where further contribution from further research can be made.Undertaking a literature review is probably one of the most difficult stages of the research process but it can be both exciting and fulfilling. This section aims to put the literature review into context and to explain what it does and how to do it.The literature on a particular legal topic is of fundamental importance to the international community of researchers and scholars working within particular academic disciplines. Academic publishing supports research by enabling researchers to tell the world what they have discovered and allows others researching in the same area to peer review their work; in this way a combined body of knowledge is established.During your research, you will use the literature to:develop your knowledge of your chosen topic and the research process in general termsensure that you have an understanding of the current state of academic knowledge within your chosen topicidentify the gaps in knowledge that your research will addressensure that your research question will not become too broad or narrow.3.1 The purpose of a literature reviewUnderstanding existing research is at the core of your study. A good literature review is important because it enables you to understand the existing work in your chosen topic as well as explaining concepts, approaches and ideas relevant to that topic.The literature review is also essential as it will enable you to identify an appropriate research method. Your research method, and needs, can only be established in the light of a review of existing knowledge.Your literature review is regarded as secondary research. The research process is an ongoing one, so your literature review is never really finished or entirely up to date as reading and understanding the existing literature is a constant part of being a researcher; professionally it is an obligation.3.1.1 Different types of researchYour research will draw upon both primary and secondary research. The difference between primary and secondary research is that primary research is new research on a topic that adds to the existing body of knowledge. Secondary research is research into what others have written or said on the topic.3.1.2 Different sourcesYou will also draw upon primary and secondary sources to undertake your research. Primary sources are evidence recorded at the time, such as a photograph, an artefact, a diary or the text of a statute or court ruling. Primary legal sources are the products of those bodies with the authority to make, interpret and apply the law. Secondary sources are what others have written or said about the primary source, their interpretation, support or critique of the primary source. Similarly, secondary legal sources are what academics, lawyers, politicians, journalists and others have said or written about a primary legal source.3.1.3 Understanding existing research in your chosen areaPart of the aim of your studies is to make a contribution to the existing body of academic knowledge. Without a literature review there would be a risk that what you are producing is not actually newly researched knowledge; instead it may only be a replication of what is already known. The only way to ensure that your research is new is to find out what others have already done. However, this is not to say that you should never attempt to research some things that have been done before if you feel that you can provide valuable new insights.3.1.4 Explaining relevant concepts and ideasYou also need to use the literature review to build a body of useful ideas to help you conceptualise your research question and understand the current thinking on the topic. By studying the literature you will become familiar with research methods appropriate to your chosen topic and this will show you how to apply them. Careful consideration should be given to the research methods deployed by existing researchers in the topic, but this should not stifle innovative approaches. Your literature study should also demonstrate the context of your own work, and how it relates, and builds, on the work of others; ‘to make proper acknowledgement of the work of previous authors and to delineate [your] own contributions to the field’ (Sharp et al., 2002, p. 28).3.1.5 Contextualising your resultsWhen you have completed your primary research, you will still have the task of demonstrating how your research contributes to the topic in which you have been working. Comparing your results to similar work within the topic will demonstrate how you have moved the discipline forward.Comparing your results with the gaps that you identified in the early stages of your literature review will allow you to evaluate how well you have addressed them.3.2 What to read?A successful literature review will have references from a number of different types of sources; it is not simply a book review. What is much more important than the number of references is that you have a selection of literature that is appropriate for your research; what is appropriate will depend on the type of research you are undertaking. For example, if your topic is in an area of recent legal debate, you will probably find most of the relevant material in journal articles or conference papers. If you are studying policy issues in law making, you would expect to cite more government reports. In either case, you will need some core references that are recent and relevant. A research project could also contain a number of older citations to provide an historical context or describe established methods. Perhaps a recent newspaper, journal or magazine article could illustrate the contemporary relevance or importance of your research.You will have to use your own judgement (and the advice of your tutor) to ascertain what the suitable range of literature and references is for your review. This will differ for each topic of research, but you will be able to get a feel for what is appropriate by looking at relevant publications; most publications fall into the following broad categories:Online legal databasesOnline legal research services such as Westlaw UK, Lexis Library, JSTOR, BAILII or HeinOnline are a good source of journal articles and as a repository of legislation, case law, law reports, newspaper and magazine articles, public records, and treatises.Journal articlesThese provide more recent discussion than textbooks. Peer-reviewed journals are the gold standard for academic quality. Having at least some journal articles in your literature review is almost always required. Note that the lead time on journal articles is often up to two years, so they may not be sufficiently up to date for fast moving areas. Look for special issues of journals, as these usually focus on a particular topic and you may find that they are more relevant to your area of research.Many law schools host journals which contain articles by academics and students; these may also be of interest. Other sources could include online newspapers such as The Conversation which are sourced from academia and designed to highlight current academic research or respond to current events.Conference literatureAcademic conferences are meetings in which groups of academics working in a particular area meet to discuss their work. Delegates usually write one or more papers that are then collected into a volume or special edition of a journal. Conference proceedings can be quite good in providing a snapshot of a topic, as they tend to be quite focused. Looking at the authors of the papers can also give you an idea of who the key names in that area are. The quality varies widely, both in terms of the material published and how it is presented. Most conferences include some professional researchers, some of whom can be contacted, and lots of students. Conference papers are often refereed but usually not to the same level as journal articles.Having conference papers in your literature review does lend academic credibility, especially in rapidly developing areas, and conference papers generally contain the preliminary work that eventually forms journal articles.TextbooksTextbooks are good for identifying established, well-understood concepts and techniques, but are unlikely to have enough up-to-date research to be the main source of literature. Most disciplines, however, have a collection of canonical reference works that you should use to ensure you are implementing standard terms or techniques correctly. Textbooks can also be useful as a starting point for your literature search as you can investigate journal articles or conference papers that have been cited. Footnotes are a rich source of preliminary leads.Law magazinesThese can be useful, particularly for projects related to the role of lawyers. Be aware of the possibility of law firm bias (for example in labour law towards employers, employee rights or trade unions) or articles that are little more than advertisements. Examples of professional journals include the Solicitors Journal (England and Wales), www.journalonline.co.uk (Scotland), Law Society Gazette, Counsel Magazine (England and Wales). Most jurisdictions have some form of professional journal.Government and other official reportsThere are a wide range of publications, including ‘white papers’, official reports, census and other government produced statistical data that are potentially useful to the researcher. Be aware of the possibility of political or economic bias or the reflection of a situation that has since changed.Internal company or organisation reportsThese may be useful in a few situations but should be used sparingly, particularly if they are not readily available to the wider community of researchers. They will also not have been through a process of academic review. Such unpublished or semi-published reports are collectively called ‘grey literature’.Manuals and handbooksThese are of limited relevance, but may be useful to establish current techniques, approaches and procedures.NewspapersSpecialist supplements from quality newspapers can provide useful up-to-date information, as can the online versions of the same papers. Some newspapers provide a searchable archive that can provide a more general interest context for your work.The world wide webThis is widely used by lawyers today. According to the 2011 American Bar Association Report, 84.4% of attorneys turn to online sources as their first step in legal research (Lenhart, 2012, p. 27). It is an extremely useful source of references, particularly whilst carrying out an initial investigation. Although sites such as Wikipedia can be very helpful for providing a quick overview of particular topics, and highlighting other areas of research that may be connected to your own, they should not usually be included in your review as they are of variable quality and are open to very rapid change. Treat information you find on the internet with appropriate care. Be very careful about the source of information and look carefully at who operates the website.Personal communicationsPersonal communications such as (unpublished) letters and conversations are not references. If you use such comments (and of course, you should respect the confidence of anyone you have discussed your work with), you should draw attention to the fact that you are quoting someone and mark it as ‘personal communication’ in the body of the text. Responses you might obtain from, for example, interviews and questionnaires as part of your research should be reported as data obtained through primary research.3.2.1 Peer reviewIt is crucial that most of your literature should come from peer-reviewed materials, such as journal articles. The point of peer reviewing is to increase quality by ensuring that the ideas presented seem well founded to other experts in the topic. Conference papers are generally peer reviewed, although the review process is usually less stringent, and so the standing of conference papers is not the same as for journals. Books, magazines, newspapers and websites (including blogs, wikis, corporate sites, etc.) are not subject to peer review, and you should treat them with appropriate caution. Also, treat each publication on its merits; it is more helpful to use a good conference paper than a poor journal paper. Similarly, it is acceptable to refer to a well-written blog by a knowledgeable and well-known author provided that you supply appropriate context. In all these cases, the important thing is that you interpret the work correctly.3.3 Searching the literatureYou will have undertaken legal research and developed your research skills as you prepared for earlier assignments. A literature review builds on this. You may, however, be wondering where to start. One technique is to use an iteration of five stages (see Figure 7) to help you with your early researching.As shown in Figure 7 the five stages are: planning, searching, gathering, analysing and comparing.
Figure 7 A five stage approach to literature search