Transcript Business Law and Taxation

Research Committee Workshop
Qualitative Research Methods
Developing an analytical
Framework
 Why develop an analytical framework ?
 Overview: what is the nature and extent of the
problem?
 Overview: what are the causes of the problem?
 What are the basic questions that frame the
problem?
 What type of theory and methodology can
answer the basic questions?
Framing the research problem
 Socio-legal problems are multi-dimensional/
complex.
 Theoretical frameworks identify central issues and
acts as guides to find the most relevant data.
 The framework needs to be broad enough to cover
the relevant actors and selected social problems.
 The project should build up from empirical data
an accurate and comprehensive picture of the
problem.
Selecting a theory
 Theories give researchers different “lenses”
 Core question is what assumptions should guide the
inquiry?
 Different assumptions are appropriate for different
fields of inquiry.
 Law behaves according to doctrinal rules is
appropriate for western court –based studies.
 Law is interpreted according to different cognitive
frameworks is appropriate for examining the limits to
doctrinal rules.
Theories act as analytical tools
 Theory selection should begin with identifying the
problem and goals.
 Three main factors guide the selection :
 Logical and internally consistency
 Relevance to subject matter
 Does theory generate useful insights?
 Theory should be consistently tested in the field
 Theory, methodology and practice converge
Structural versus cultural analysis
 Structural analysis examines the macro institutions
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that shape behaviour such as laws, state agencies.
It focuses on external factors such as laws, the capacity
of state officials, corruption etc.
Cultural analysis examines at a micro-level how
traditions, customs and patterns of thoughts shape the
way people understand the world around them.
It focuses on what people and communities think
about land disputes.
It values what both state and non-state communities
think.
Bridging structure and culture
 Discourse theory
 Systems theory
 Pierre Bourdieu
 Social psychology
 Behavioural economics
 New Institutional Economics etc
Finding the research focus?
 If the objectives are clear than the study
design flows relatively easily.
 Projects that begin with vague objectives hit
problems such as inappropriate methods,
not collecting the important data and
papers that lack a clear focus.
 Is the project feasible?
 Does it investigate a meaningful social
problem?
Determining the scope of the
project
Who are the parties?
When and where does the problem
occur?
What types of problems occur?
Why do the problems occur?
Methodologies
Secondary sources
Participant-Observation
Interviewing
Mapping
Document Analysis
Selecting a research method
 Does the research need to gauge subjective
cognitive beliefs and feelings? [Note the link to
social constructionist theory]
 Can a quantitative study that uses proxies to
measure law/regulation capture reality?
 Is there sufficient information to identify
proxies?
 If not then the study needs to use qualitative
case studies.
Research checklist
Method
Skill
Questions
Scientific process of
enquiry
Undertake an in depth desk review and
literature review in order to establish the
nature and extent of the subject area.
How will this information inform the project
design?
Interviewing and focus
group discussions
Do you possess a sufficiently deep
understanding of the project objectives and
conceptual design to get the best information
from people?
Are the project objectives and scope clear?
Is it necessary to run a pilot project to test
questions and the research design?
Observation
Do you have sufficient knowledge about the
project objectives and the skills to record and
analyse your findings?
Are the project objectives and scope clear?
Is it necessary to run a pilot project to test
questions and the research design?
Analysis of results in text,
oral or video form
Analysis is a lengthy process, have you
allowed sufficient time in your research plan?
How will you discriminate, classify and
summarise the information?
Review and redesign of
research
Review and redesign throughout the
research process is an inevitable part of
phenomenological research methods.
What steps have been put into place to review
the design?
Selecting interview techniques
 What are the
research
objectives?
 What type of data
is needed for
analysis?
 What is the
available budget
and time scale?
Qualitative research
Structured interviews
 Closed questions
 Pre-set questions
 Pre-coding of answers
 Quantitative analysis possible
 Easy to maintain control of the interviews across
different sites.
 Difficult to gain detailed knowledge about subjective
information such as feelings and beliefs.
Semi-structured interviews
 Closed and open questions
 Some pre-set questions
 Pre-coding of some answers
 Some limited quantitative analysis is possible
 Good interviewing skills and knowledge of the
project design are required to maintain control of
interview
 Need framing questions to ensure consistency
across interview sites.
Unstructured interviews
Ethnographic research
 Open questions
 Pre-set opening question or area of
investigation
 Little or no pre-coding possible
 Quantitative analysis not possible
 Participant observation
 Good interviewing skills required to maintain
control of the interview s and consistency
across sites
Project sampling
 Probability sampling selects a group from the
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population.
Need to have a comprehensive list of this population (a
sample frame). Compatible with statistical analysis.
Non-probability sampling is used where the
population is unknown (no sample frame)
Case study is required where interconnections
between interviews are an advantage and do not
introduce bias.
Limited statistical analysis suitable for semi-structured
or unstructured interviews
Sample size and location
 The larger the sample the better
 Minimum 3 people to accurately describe a
regulatory group
 This number allows for cross-checking
(triangulation of data)
 Can run focus group to check information.
 Location is generally on site of research
problem
Designing research questions
 Open or closed questions?
 Open questions provide the detail needed to map
subjective attitudes and emotions.
 Open questions can only be answered with some
supporting explanation.
 Closed questions require a simple, usually one worded
response such as yes or no.
 They do not allow the respondent to expand upon
their answer or to explain why they made that choice.
Introduction questions
 Relax the interviewee
 Allow the interviewee to tell a story.
 Later questions can clarify and following up
on interesting points
 Try opening with:
 'Can you tell me about....'
 'Could you describe in as much detail as
possible.....
Follow up questions
 Follow up questions extend the interviewee's answers
to previous questions.
 'could you expand on that point.'
 'You mentioned that....how did you feel about it.'
 Probing questions
 'Do you have further examples of this?'
 'Could you say something more about that.'
 'Have you experienced this yourself?‘
 What lead to that?
Scoping questions
 Identify communities of like- minded people
 Determine the community’s coherence (what is the
level of agreement with core ideas?)
 Are there generational differences and continuities
within the community?
 Do most community members explain the origin and
reasons for the problem in the same way?
 Do most community members tell similar stories
about the community and the problem?
Example: Direct questions to
identify a village community
 What are the origins of the people living in the
village
 Are there spiritual connections to place, family
altars, rituals etc?
 How strong are the clan connections?
 Is the community bound by a common identity?
 What is considered fair access to residential/ rural
land?
 How have ideas about land changed over time?
Field study design
The interviewer is the research instrument
 The interviewer needs a good knowledge of the
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subject.
They need to know how to interpret interviewee's
answers and if necessary how to follow up on them.
The interview is a social interaction and a specific form
of conversation.
The interviewer and interviewee will influence each
other.
This interaction is crucial to the success of your
interview.
Minimize impact on informants
Guidelines for QualitativeFieldwork
 Select one role and use it consistently.
 Proceed slowly.
 Assume the role of a student wanting to learn more
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about a subject where the interviewees are the experts.
Maintain neutrality by not conveying to the
interviewee what may be the “correct” answer.
Pre-test questions to make sure they are
understandable and relevant.
Use simple, clean, and jargon-free language.
Phrase questions positively.
Tips for interviewing
 Avoid embarrassing or awkward questions
 Avoid jumping from one subject to another
 Don't be satisfied with mono-syllabic
answers: use probes and prompts
 Don’t teach or counsel interviewees
 Don’t present personal opinions
 Avoid leading questions
Active listening
 Pay attention not only to
the words being said but
also to the tone and
emphasis.
 Pick up new or significant
themes contained within
your interviewee's
response.
 Actively listen to answers
do not switch off as soon as
people start talking.
Transcribing interviews
 It is important to record passages that
directly quote interviewees on key points.
 This provides an idea of the way that
interviewees express themselves.
 Coding is useful to standardise
transcriptions.
 Begin transcript by summarizing ideas and
themes
Analysing qualitative interview
data
 To standardise the data need a pre-determine analytical
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framework:
Describe or compare, explain or perhaps predict using
these results?
Examine the interviewees' beliefs and feelings as well as
their behaviour and actions.
How do the different field sites fit into the overall project?
How will the data be presented to write a comprehensive
paper that answers the core research questions?
Will basic quantitative data be presented such as the
number interviewee who held a particular viewpoint?