IRM1501 October/November 2024 | Due 3-10 October 2024. All questions answered with references. QUESTION 1
Discuss empirical research and its components and provide examples where necessary.
(15 marks)
QUESTION 2
Find the case of Makate v Vodacom (Pty) Ltd (CCT52/15) [2016] ZACC 13; 2016 (6) BCL...
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Question 1
1. Discuss empirical research and its components and provide examples where necessary.
Empirical research refers to a method of inquiry that involves the collection and analysis of data
obtained through direct or indirect observation and experience. This research approach is
foundational in the social sciences, aiming to understand, explain, and predict human behavior and
societal phenomena. Often associated with quantitative research, empirical research relies on
measurable data to form conclusions, though it can also involve qualitative methods when necessary.
The ultimate goal of empirical research is to produce findings that can be verified and validated
through experimentation, observation, or both.
Key Components of Empirical Research
Empirical research is structured around a few essential components that guide its methodology and
objectives. These components are:
Descriptive Research: Descriptive research focuses on identifying and detailing particular
social phenomena. It aims to answer the “how” and “why” of certain occurrences within
society. The goal of this research is not to generate new theories but to create a clear, accurate
picture of the subject being studied. Example: A legal researcher might investigate the number
of sexual offences courts operating in a particular country, like South Africa. This would
involve gathering data on how many such courts exist, their locations, and the cases they
handle. Another example could be exploring why preliminary inquiries are used to determine
whether a child who has committed an offense can be diverted from formal criminal
proceedings.
Exploratory Research: Exploratory research is often conducted when there is little existing
research on a particular subject. The purpose is to explore new areas of inquiry and understand
"what is going on" in a given context. It is generally more flexible and less structured, as the
aim is to gather initial insights rather than to test a hypothesis. Example: A researcher
examining freedom of speech in relation to legal restrictions might explore how legal
journalists view the impact of the Protection of Personal Information Act (POPIA) on their
reporting. Since there may be limited research on journalists’ experiences with this specific
legislation, the researcher could conduct interviews to gather qualitative insights into their
opinions.
Explanatory Research: Explanatory research seeks to explain the reasons behind already
observed phenomena. It builds on existing descriptive or exploratory research by looking into
the causes, relationships, or underlying mechanisms of particular occurrences. Example: A
legal study on child justice could explore magistrates’ perceptions of restorative justice. While
there may already be some research on restorative justice, explanatory research would go
further to understand why certain magistrates support or oppose its use in juvenile cases.
Similarly, researchers could investigate the reasons for the success or failure of the Child
Justice Act in diverting children from the formal justice system.
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