Research designs are the plans and the procedures for research that include decisions ranging from broad assumptions to detailed methods of data collection and analysis.180 The major methodological designs available for research purposes are qualitative, quantitative and mixed methods, sometimes called triangulation.181 Often, the distinction between qualitative and quantitative research is framed in terms of using words (qualitative) rather than numbers (quantitative), or using open-ended questions (qualitative interview questions) rather than closed-ended questions (quantitative hypothesis).182 Mixed methods research is an approach to inquiry that combines both qualitative and quantitative forms.183 All methodologies have their specific strengths and weaknesses.184
179 Oxford Dictionary <http://www.oxforddictionaries.com/definition/english/research>
180 John, W Creswell, Research design: Qualitative, Quantitative and Mixed Method
Approaches (Sage, 2009) 3.
181 John, above n 180; Neuman, W Lawrence, Social Research Methods: Qualitative and
Quantitative Approaches (Allyn and Bacon, 2011); Catherine Dawson, A Practical Guide to
Research Methods: A user-friendly manual for mastering research techniques and projects (Spring Hill House, 3rd ed, 2007).
182 John, above n 180, 3. 183 Ibid 4.
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Qualitative research is a situated activity that locates the observer in the world. It consists of a set of interpretive, material practices that make the world visible.185 It “involves an interpretative, naturalistic approach to the world”.186 This means that qualitative researchers study things in their natural settings, attempting to make sense of, or interpret, phenomena in terms of the meaning that people bring to them.187 Qualitative research is based on the premise that social reality is inherently associated with human beings and their social context.188 As for the research objective, McLeod iterated that “the primary aim of qualitative research is to develop an understanding of how the world is constructed”. Silverman has also stated that researchers who use qualitative methods for their work commonly believe that they can provide a ‘deeper’ comprehension about the social phenomena which is being studied.189 The ultimate purpose of qualitative research methods is to achieve a greater understanding about a phenomenon or event in real-life, although many writers note that theory and observation are intrinsically joined.190 Additionally, John shows that one characteristic of qualitative studies is the theoretical lens through which qualitative researchers often view their studies, such as concepts of culture, or the ethnography of the social, political or historical contexts of the problem under study.191
The main focus of this research project is to examine the theory and practice of the Vietnamese law relating to state liability for compensation and its enforcement, and to recommend appropriate reforms. To define the problem to be investigated, a comprehensive literature review has been carried out to analyse theories, government policies relevant legislation, and judicial decisions relating to state liability for compensation. Therefore, appropriately, qualitative methods could be used to clarify the nature of state liability for compensation in the Vietnamese context and to highlight the relationship between the law and its enforcement.
185 Denzin, N K, & Lincoln, Y, The Sage Handbook of Qualitative Research (Sage, 3rd ed, 2005) 3.
186 N K Jha, Research Methodology (Global Media, 2008) 46. 187 Ibid.
188 Ibid.
189 Cited in Mehdi Tavallaei and Mansor Abu Talib, ‘A General Perspective on Role of Theory in Qualitative Research’ (2010) 3 (11) Journal of International Social Research, 570.
190 Drisko et al, ‘Letters to the Editors’ (2001) 37 (3) Journal of Social Work Education 585- 592.
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Qualitative research also forms part of an interpretative research paradigm.192 The interpretive research approach to the relationship between theory and practice requires that the researcher never assume a value-neutral stance, but is always implicated in the phenomena being studied.193 This has been used in respect of the literature, the views and experience of people involved in theorising about and making the policies and the law on state liability as well as its implementation to assist in understanding state liability issues in context.
Inductive processes are typically associated with qualitative research.194 They involve exploration of a subject to find more information, as less is known about it.195 These processes involve working back and forth between the themes and the database until a comprehensive set of themes has been established.196 It initially requires the collection of data, followed by analysis and the generation of theories or the answers to the questions arising from the research. In this research, inductive processes were used to consider the information and data collected in relation to the themes so as to answer the research questions.
Case studies are also used in qualitative research and interpretative inquiries to unveil social phenomena.197 They are used in circumstances where the researcher “has little control over events, and when the focus is on a contemporary phenomenon within some real-life context”.198 Typical cases are chosen for study to clarify the phenomenon. In the context of this research, case studies reveal the views and attitudes of state officials and those injured or damaged, in order to assist in understanding the practices and factors that affect the claiming and enforcement processes.
In short, where, due to the diversity of the purposes, the research requires methodologies which provide flexibility in a number of specific areas, the better approach is qualitative. This methodological design is the most appropriate because of
192 Ibid 39.
193 W J Orlikowski & J J Baroudi, ‘Studying Information Technology in Organizations: Research Approaches and Assumptions’ (1991) (2) Information Systems Research 1.
194 Mats Alvesson and Stanley Deetz, Doing Critical Management Research (Sage, 2000) 1. 195 W Lawrence Neuman, Research Design: Qualitative, Quantitative, and Mixed Methods Approaches (Sage, 2nd ed, 2003) 30.
196 John, above n 180, 175.
197 W Lawrence Neuman, Social Research Methods: Qualitative and Quantitative Approaches (Allyn & Bacon, 3rd ed, 1997) 331-332; and Gerard Guthrie, Basic Research Methods: An Entry
to Social Science Research (Sage India, 2010).
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its characteristics199 such as multiple sources of data, inductive data analysis, interpretative approaches and case studies.