STEPS TO A RESEARCH PROPOSAL IN LEGAL STUDIES

T. BRETTEL DAWSON

 

 

Step 2: Relation to Existing Knowledge

 

(builds on earlier item: Step 1 The Research Question)

 

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Discussion

 

The Graduate Handbook outlines the role of the statement of the ‘relation to existing knowledge’ as being to “demonstrate the worthiness of the proposed research” and notes that “it should underpin the statement of objectives”. At a minimum you need to be able to establish that the research you propose to do hasn’t already been done and that it has intellectual relevance in that it addresses “gaps or conflicts in present knowledge or understanding.”

As noted in the UNSW “Thesis Proposals: A Brief Guide , “the review of the literature, together with the following section on the theoretical orientation, will be the main substance of the proposal and will lay the basis for your discussions of your methods and your total research program.”  See: www.lc.unsw.edu.au/onlib/thesis.html

This step is also a continuation or part of ‘stating the research problem” – ideally, it will be an integrated statement of the relation of the problem to the field: How does the proposed research relate to existing knowledge in the area? What is the academic justification for the question? What other work has been done in the area? What are the open issues? … A sampling of important findings in relevant studies and theory; a discussion of the literature that bears on your questions, predictions and contentions.

 

As noted by the Learning Connection, UNISA, “reviewing the literature is important in all stages of the research process. Research does not occur in isolation - it is always conducted in the context of what is already known about the topic and what still needs to be known. Even though a literature search and review is often depicted as a discrete step in the research process it is more usually a continuous process

throughout a project, with peaks at the beginning and near the end of the project.” See, Learning Connection, University of South Australia,

http://www.unisanet.unisa.edu.au/learningconnection/student/research/literature.asp

This is a very useful source and I recommend reading it ‘from cover to cover’.

 

 

Obviously, it is unlikely that there will be material specifically on your topic or approach but you need to be able to locate your project in terms of the major theoretical traditions in the area of inquiry, the major substantive research (findings or claims) in the area, including the claims and assumptions made by others and the extent to which you concur or differ. This literature discussion should help you to identify core concepts and frameworks of reference for your research work and analytical approach.  Your purpose here is to talk about ‘existing knowledge’ as it relates to, informs, suggests the need for the research that you propose to undertake.

 

To assist in making this seem a bit more concrete, I have gathered some discussions of the purpose and parameters of ‘the literature review’. You might find it useful to ready a  a very approachable chapter by Howard Becker in Writing for Social Scientists, “Terrorized by the Literature”.  I have also identified some useful web pages for ‘further reading’.

 

Readings

 

Extract 1:
Why do a Literature Review?

 

A crucial element of all research degrees is the review of relevant literature. So important is this chapter that its omission represents a void or absence of a major element in research. There are good reasons for spending time and effort on a review of the literature before embarking on a research project.  These reasons include:

  • to identify gaps in the literature
  • to avoid reinventing the wheel (at the very least this will save time and it can stop you from making the same mistakes as others)
  • to carry on from where others have already reached (reviewing the field allows you to build on the platform of existing knowledge and ideas)
  • to identify other people working in the same fields (a researcher network is a valuable resource)
  • to increase your breadth of knowledge of your subject area
  • to identify seminal works in your area
  • to provide the intellectual context for your own work, enabling you to position your project relative to other work
  • to identify opposing views
  • to put your work into perspective
  • to demonstrate that you can access previous work in an area
  • to identify information and ideas that may be relevant to your project
  • to identify methods that could be relevant to your project

As far as the literature review process goes, ultimately the goal for students is to complete their review in the allocated time and to ensure they can maintain currency in their field of study for the duration of their research (Bruce 1990).

Extracted from: Deakin University Library, The Literature Review (an excellent resource for you to review):

http://www.deakin.edu.au/library/findout/research/litrev.php

Extract 2:
Purpose of a literature search and review

 

A literature review is where a researcher “critically reviews the literature that is directly and indirectly related to both the topic and the proposed strategy of conducting the research” (DePoy & Gitlin, 1994, p.61). A key word in this definition is “critical” in that the literature is not just reviewed and restated but it is reviewed, summarised, and synthesised in the context of the proposed study. The author of a good literature review interprets and organises the literature so that it clarifies the problem, makes clear the relevance of the problem and states what is presently known and not known about the problem.

 

The purpose of a literature review is to determine the existing knowledge base around a particular topic or practice area. In particular it aims to:

 

  • Determine what is known and not known about a subject, concept or problem
  • Determine trends, gaps, and inconsistencies in the literature about a topic
  • Describe the strengths and limitations of previous studies
  • Discovers how concepts have been defined in other studies
  • Help determine an appropriate research design for the research question
  • Determine the need for replication of a study eg. using a different sample group, in a different location etc.

 

Common misconceptions

The literature review does not simply:

·         show that nothing has been written on the topic;

·         show your awareness of the big names in the field;

·         provide a summary of all the literature on the topic;

·         introduce the reader to a pre-given field of research;

·         occur at the beginning of the research process;

·         occur once all relevant material has been searched and copied.

Important considerations

  • Original research does not mean being the first to examine a topic, but making a meaningful and useful contribution within a research community. If nothing has been written on the topic, it is your job to locate your research within a body of relevant literature. If you cannot find a relevant body of literature, it may be because the topic is not worth investigating.
  • While it is important to know which authors are important in your field, the literature review should be organized around concepts and issues, not authors.
  • The literature review is a critical discussion, not a summary. It evaluates concepts, theories, methodologies.
  • The literature review does not simply fit into an existing field of research. It actively constructs the existing research in order to highlight your contribution.
  • The rationale informing your construction of the literature should be coherent and explicit.
  • The literature review, like the other chapters in the thesis, develops the central argument.
  • The literature review occurs throughout the writing process as you redefine you ‘field’, keep abreast of current developments, and reflect on your research.
  • Your reading of the literature will guide your search. You should start reading, analyzing and drafting your literature review in the very early stages of searching.

Structure:

Introduction to the Literature Review
- Content - what is covered
- Structure - how it is organised
- Boundaries - what is outside of its scope


The Body of the Literature Review
Section 1
The most important topic of a key concept
- Discussed and evaluated
- Summarised and related to your research project
Section 2
The next most important topic of key concept
- Discussed and evaluated
- Summarised and related to your research project
Section 3 etc

Conclusion
- From each of the section summaries, highlight the most relevant points
- Relate these back to the need for your research
- Reiterate what these mean for the research design

Extracted from: http://www.unisanet.unisa.edu.au/learningconnection/student/research/literature.asp

Extract 3:
Taking the Literature Review Seriously:

 

Furthering knowledge in one's field is one important part of the thesis process. Therefore, the review of the literature provides you with a means of learning about what others have done and what remains to be done. It is difficult to develop a viable research project that will contribute to furthering knowledge without a thorough review of the literature. The foundation of future work is built upon the literature. If you fail to develop your foundation, your work is likely to be shallow and naive. In your proposal you should demonstrate, through the literature review, that the research project which you are proposing is an appropriate contribution to furthering knowledge in the field. (Often tests of a theory or replicating previous research will contribute to the knowledge base.)

 

When referred to as a "literature review," it is easy to hold the narrow perception that the background section is limited to a discussion of just the published reports of related work. Actually the whole section should be a comprehensive analysis of precedence. You should present the development of ideas, issues, and techniques that relate to your research interest. The contrary views should also be acknowledged with an attempt to show some for of resolution, if appropriate. Analysis of precedence is not limited to just published literature, especially in a practice-based profession. There are numerous executed works of planning and design that also show precedent and trend that might indicate the response of practitioners to issues germane to your interests.

 

Kenneth R. Brooks, LAR 898 Thesis Proposal Writing Syllabus, CONTENTS OF THE RESEARCH PROPOSAL

Kansas State University, Landscape Architecture Program. As posted, 2003:

http://larcp.arch.ksu.edu/brooks/thesis99/898prop.htm

 

 

Extract 4:
A literature review is NOT just a summary, but a conceptually organized synthesis of the results of your search

A review of the literature is a classification and evaluation of what accredited scholars and researchers have written on a topic, organized according to a guiding concept such as your research objective, thesis, or the problem/issue you wish to address.

Your objective is not to rack up points by listing as many articles as possible; rather, you want to demonstrate your intellectual ability to recognize relevant information, and to synthesize and evaluate it according to the guiding concept you have determined for yourself.  Your reader not only wants to know what literature exists, but also your informed evaluation of the literature. To meet both of these needs, you must employ two sets of skills:

  • information seeking: the ability to scan the literature efficiently using manual or computerized methods to identify a set of potentially useful articles and books.
  • critical appraisal: the ability to apply principles of analysis to identify those studies which are unbiased and valid. Your readers want more just than a descriptive list of articles and books.
    • It's usually a bad sign when every paragraph of your review begins with the names of researchers.
    • Instead, organize your review into useful, informative sections that present themes or identify trends.

A literature review is NOT just a summary, but a conceptually organized synthesis of the results of your search. It must

  • organize information and relate it to the thesis or research question you are developing
  • synthesize results into a summary of what is and isn't known
  • identify controversy when it appears in the literature
  • develop questions for further research

Although we value "unbiased" scientific research, the truth is that no author is free from outside influence, such as

  • a particular theoretical framework or model (for example, a feminist examination of gender inequity in medical research)
  • the author's rhetorical purpose (for example, a researcher's reasons for advocating the effectiveness of a certain drug)
  • an experience-based practical perspective (for example, the belief that one approach to pain management is more effective than another).

The value of your review depends not simply on how many sources you find, but also on your awareness of how these different levels of perspectives affect the way that research on your topic is conducted, published, and read:

  1. Yours
  2. The author's
  3. The editor's (when the author appears in part of a larger work)

 

 

Questions to Ask Yourself About Your Review of Literature

  1. Do I have a specific thesis, problem, or research question which my literature review helps to define?
  2. What type of literature review am I conducting? Am I looking at issues of theory? methodology? policy? quantitative research (e.g., studies of a new or controversial procedure)? qualitative research (e.g., studies determining criteria for allocating health care resources)?
  3. What is the scope of my literature review? What types of publications am I using; e.g., journals, books, government documents, popular media? What discipline am I working in; e.g., nursing, psychology, sociology, medicine?
  4. How good are my information seeking skills? Has my search been wide enough to ensure I've found all the relevant material? Has it been narrow enough to exclude irrelevant material? Is the number of sources I've used appropriate for the length of my paper?
  5. Is there a specific relationship between the literature I've chosen to review and the problem I've formulated?
  6. Have I critically analyzed the literature I use? Do I just list and summarize authors and articles, or do I assess them? Do I discuss the strengths and weaknesses of the cited material?
  7. Have I cited and discussed studies contrary to my perspective?
  8. Will the reader find my literature review relevant, appropriate, and useful?

Questions to Ask Yourself About
Each Book or Article You're Reviewing

  1. Has the author formulated a problem/issue?
  2. Is the problem/issue ambiguous or clearly articulated? Is its significance (scope, severity, relevance) discussed?
  3. What are the strengths and limitations of the way the author has formulated the problem or issue?
  4. Could the problem have been approached more effectively from another perspective?
  5. What is the author's research orientation (e.g., interpretive, critical science, combination)?
  6. What is the author's theoretical framework (e.g., psychoanalytic, developmental, feminist)?
  7. What is the relationship between the theoretical and research perspectives?
  8. Has the author evaluated the literature relevant to the problem/issue? Does the author include literature taking positions s/he does not agree with?
  9. In a research study, how good are the three basic components of the study design (i.e., population, intervention, outcome)? How accurate and valid are the measurements? Is the analysis of the data accurate and relevant to the research question? Are the conclusions validly based upon the data and analysis?
  10. In popular literature, does the author use appeals to emotion, one-sided examples, rhetorically-charged language and tone? Is the author objective, or is s/he merely 'proving' what s/he already believes?
  11. How does the author structure his or her argument? Can you 'deconstruct' the flow of the argument to analyze if/where it breaks down?
  12. Is this a book or article that contributes to our understanding of the problem under study, and in what ways is it useful for practice? What are the strengths and limitations?
  13. How does this book or article fit into the thesis or question I am developing?

University of Toronto , Health Sciences Writing Centre , Writing a Literature Review  in the Health Sciences and Social Work.

Further information (to explore)

 

Madsen, pp 53, 62-64.reviewing

 

http://www.lc.unsw.edu.au/onlib/pdf/thesis.pdf

 

http://www.lc.unsw.edu.au/onlib/pdf/thesis.pdf

 

http://www.library.cqu.edu.au/litreviewpages/ xx

 

http://www.deakin.edu.au/library/findout/research/litrev.php