empirical or non doctrinal legal research

Defining and Describing What We Do: Doctrinal Legal Research

The practitioner lawyer of the past had little need to reflect on process. The doctrinal research methodology developed intuitively within the common law — a research method at the core of practice. There was no need to justify or classify it within a broader research framework. Modern academic lawyers are facing a different situation. At a time when competition for limited research funds is becoming more intense, and in which interdisciplinary work is highly valued and non-lawyers are involved in the assessment of grant applications, lawyer-applicants who engage in doctrinal research need to be able to explain their methodology more clearly. Doctrinal scholars need to be more open and articulate about their methods. These methods may be different in different contexts. This paper examines the doctrinal method used in legal research and its place in recent research dialogue. Some commentators are of the view that the doctrinal method is simply scholarship rather than a separate research methodology. Richard Posner even suggests that law is ‘not a field with a distinct methodology, but an amalgam of applied logic, rhetoric, economics and familiarity with a specialized vocabulary and a particular body of texts, practices, and institutions ...’.1 Therefore, academic lawyers are beginning to realise that the doctrinal research methodology needs clarification for those outside the legal profession and that a discussion about the standing and place of doctrinal research compared to other methodologies is required.

Related Documents

PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA

This study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child.

Third Party Beneficiary: A Comparative Analysis

Chapter 4 of the new Israeli Contracts (General Part) Law, 1973, introduces the concept of a contract in favour of a third party, while granting express recognition to the right of a third party beneficiary. Even those, (including the author) who maintain, that the right of a third party beneficiary could and should be derived, even before the commencement of the new Law, from the general principles and premises of the old Israeli law of contract, cannot fail to see in the above-mentioned chapter an important innovation in the Israeli legal system.This paper is a comparative analysis of the institution of third party beneficiary. The analysis will consist of a presentation and critical examination of the central concepts and doctrines involved in the institution under discussion, and it will be combined with a comparative survey of the arrangements adopted in various legal systems. The choice of this approach stems from the particular circumstances of the new legislation.While in most countries, comparative legal research is a luxury, in Israel it is a necessity. The new legislation in private law is inspired to a great extent by Continental codifications. As far as the law of contract is concerned, Israel is now in the process of becoming a “mixed jurisdiction”: departing from the common law tradition and technique, and heading towards an independent body of law, derived from various sources, mainly Continental in both substance and form.

1. The historical origins of the trust

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter traces the historical roots of the trust. The law of trusts is the offspring of a certain English legal creature known as ‘equity’. Equity arose out of the administrative power of the medieval Chancellor, who was at the time the King’s most powerful minister. The nature of equity’s jurisdiction and its ability to provide remedies unavailable at common law, the relationship between equity and the common law and the ‘fusion’ of law and equity, and equity’s creation of the use, and then the trust, are discussed.

Is Separation still an Important Component of Marital Dissolution?

This research examines the diversification and changes in the Canadian family form over the past 25 years. While the husband-wife family has declined over this time period, it still remains the dominant family form. Statistics Canada census statistics allows for the examination of new family forms since 1981, as the common-law partnership and the now married have been distinguished within the husband-wife family category. With the introduction of the 1968 and 1985 Divorce Acts, separation became a major ground for divorce in Canada. Marital breakdown should be measured by the incidence of both divorce and separation. The popularity of cohabitation further clouds the measuring of total partnership breakdown since separation of cohabiting partners is not recorded. This research focuses on the change in marital separation and the increase in cohabitation since 1981. Marital separation has declined in its contribution to total marital dissolution since 1985.

Applicability of the 2017 FIDIC Red Book in Civil Law Jurisdictions

Abstract In 2017, the FIDIC launched a new edition of its Red Book—a recommended construction-related contract for building and engineering works designed by the employer. The roots of this book were influenced by the common law legal system, whereas many countries follow the civil law legal system. Amongst the latter countries is the United Arab Emirates, which has attracted construction parties from all over the world. Those who wish to use the Red Book amongst such parties should be acquainted with the local limitations on its applicability. Such acquaintance can provide them with a proper understanding of their rights and obligations. This article discusses these limitations using the doctrinal research method, which included, inter alia, an examination of all relevant decisions by local higher courts during the 2009-2019 period. The discussion shows that such limitations can be confronted owing to conflicts with local judicial jurisprudence and/or mandatory statutory provisions.

What Does History Matter to Legal Epistemology?

Abstract This paper argues that not only does history matter to legal epistemology, but also that understanding legal epistemology can yield a certain understanding of the past. The paper focuses on the common law practice of precedent and argues that there is no set of rules, principles, reasons or material facts that constitute the fixed or foundational content of past decisions (a ‘timeless what’ that determines its own relevance), but rather that what is taken by a judge resolving a particular dispute to be the content of past decisions depends on the active and creative construal of relevance engaged in by that judge. Precedents are better thought of as ‘thick resources with dynamic content’. Such content is constrained by a variety of stabilising practices, but never so constrained as to determine how it can be construed to be relevant. This image of law’s past may offer a general view of the past as something with which we can actively and creatively relate in the course of coping with the present.

Predicting the Past: The Declaratory Theory of the Common Law – From Fairytale to Nightmare

The chartists and the constitution: revisiting british popular constitutionalism.

AbstractDespite having a powerful influence on the historiography of radicalism and nineteenth-century politics for the past several decades, the language of the constitution has not recently received scholarly attention. In Chartist and radical historiography, the constitution is usually treated as a narrative of national political development. This article extends the horizons of Chartist constitutionalism by exploring its similarities with American constitutionalism. By doing so, it also opens up questions regarding the ideas of the movement. Like the Americans sixty years before, the Chartists were confronted by a parliament that they believed had superseded its constitutional authority. This perception was informed by a belief that the constitution rested on the authority of the fixed principles of fundamental law, which they argued placed limits beyond which Parliament had no power to reach. As a result, the Chartists imagined that the British constitution functioned like a written constitution. To support this claim, they drew on a sophisticated interpretation of English law that argued that the common law was closely related to natural law.

The Application of Caveat Emptor and Caveat Venditor Doctrines from Civil and Islamic Perspectives

Since a long time ago, consumers have never been completely safe from exposure to the risk of purchasing defective products, which may cause an adverse effect on them. The introduction of the doctrines of caveat emptor and caveat venditor became a part of the common law to resolve disputes between manufacturers, sellers, and consumers. This study therefore aims to analyze the application of the caveat emptor and caveat venditor doctrines according to civil and Islamic perspectives to see how far the application of both doctrines can provide justice to consumers. Utilizing doctrinal approach based on the methodology of qualitative legal research, this study involves in-depth analysis of statutory provisions, court cases, Quranic texts, hadiths, and the opinions of Muslim scholars. The research findings were analyzed through content analysis and critical analysis methods. This study has proven that there are legal problems with regards to the application of the caveat emptor doctrine and its resulting negative impact on consumers, thus leading to the formation of the caveat venditor doctrine. Although the term “caveat venditor” and its definition are not expressly mentioned in the Qur’an and the hadiths, the application of the doctrine is seen to have a strong foundation in Islam. The results of this study are expected to contribute significant new knowledge in the field of consumer law since a comparative analysis of the application of both doctrines according to civil and Islamic perspectives is still lacking, especially in cases involving the selling of defective products.

Praktik Jual Beli Hewan yang Sedang Mengandung di Pasar Sapi Nganjuk Menurut Persepektif Hukum Islam

This research aims to clarify the practice of sale and purchase agreement of pregnant livestock in Market livestock Nganjuk Regency based on the Islamic law perspective. The central issue of this research concerns the exsistence of an additional payment after delivery. This research used the normative legal research method, with a statutory approach and supported by an analytical qualitative research approach. This study found that the practice of sale is unlawful regarding to Islamic law because of uncertainty in the consented price and forbidden object in syariah namely livestock in the womb. However, this transaction has not accomodated yet in Indonesian laws eventhough there is possibility of dispute among parties. Therefore, this research recommends that the statutes in the field of Islamic commercial law enables to cover the common transaction in society and not limited for Islamic financial institution in order to give protection due to shari’ah.

Export Citation Format

Share document.

Methodology

First Online: 09 December 2023

Cite this chapter

empirical or non doctrinal legal research

Erion Murati 2

79 Accesses

A central issue of writing a doctoral thesis is the methodology, as it describes the broad theoretical and philosophical underpinning to the chosen research methods. Methodology is closely related to what we understand the field of enquiry (i.e., international or EU law) to be and it guides our thinking or questioning of, or within, that field or both. The study employs the problem-based theory and qualitative doctrinal legal research methodology.

This is a preview of subscription content, log in via an institution to check access.

Access this chapter

Available as PDF
Read on any device
Instant download
Own it forever
Available as EPUB and PDF
Durable hardcover edition
Dispatched in 3 to 5 business days
Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Purchases are for personal use only

Institutional subscriptions

Hervey et al. ( 2011 ), p. 5.

McNabb ( 2015 ), p. 79 and p. 225.

The researcher may be interested in legal behaviour, rules, processes, or problems about which little is known or understood: Chui ( 2007 ), p. 50.

Typical research questions of descriptive research designs are: What is happening? How is something happening? What has happened? Ibid.

Wasastjerna ( 2020 ), p. 21; Hervey et al. ( 2011 ).

‘What’, ‘when’, ‘who’ and ‘where’ questions seek descriptive answers; ‘why’ questions seek understanding and explanation; and ‘how’ questions seek appropriate interventions to bring about change: Blaikie ( 2003 ), p. 13.

Dobinson and Johns ( 2007 ), p. 7, and pp. 16–45.

Hutchinson ( 2006 ), p. 7.

Dobinson and Johns ( 2007 ), p. 19.

Hutchinson ( 2013 ), p. 9.

Ibid. p. 10.

Doctrinal research has been considered by some scholars as less compelling or respected than the research methods used by those in the sciences and social sciences. However, valid research is built on sound foundations, so before embarking on any theoretical critique of the law or empirical study about the law in operation, it is incumbent on the researcher to verify the authority and status of the legal doctrine being examined: Ibid. pp. 7–8.

Quantitative research deals with numbers, statistics or hard data whereas qualitative data are mostly in the form of words. Qualitative researchers tend to be more flexible than their quantitative counterparts in terms of the structure to research. In contrast to empirical research, doctrinal research, which ‘is library-based’, focusing on a reading and analysis of the regarded as the most accepted research paradigm: Hutchinson ( 2013 ), p. 7.

Dobinson and Johns ( 2007 ), p. 40.

Ibid. p. 20.

Such research might begin by collecting all relevant case law in order to demonstrate how a particular law is not working. Alternatively, a researcher may observe a number of cases to assess whether there are existing procedural problems in the way in which certain parts of a trial are carried out. Based on this, the researcher could reach a tentative conclusion that the current law needs amendment, repeal, or there is a need for new law. Problem, policy and law reform research often includes a consideration of the social factors involved and/or the social impact of current law and practice. In this regard, the type of research done might include surveys and interviews with various individuals and groups affected. Such research is often referred to as socio-legal research: Ibid.

Valdani ( 2019 ), p. 14.

Dobinson and Johns ( 2007 ), p. 41.

Ibid.; This research design, to some extent, mirrors that of a social science study, but with one important exception. The information or data collected is not quantifiable, but rather it is legislation and case law as well as relevant secondary commentary. As a result, the information-based or ‘library-based’ research design, which is often directed to identifying the resolution to a specific legal problem, has had a detrimental effect on the status of the doctrinal methodology the broader (interdisciplinary) academic context. Therefore, some argue that the doctrinal methodology is simply ‘legal puzzle solving’, and little more than a process used in order to achieve pragmatic solutions. Hutchinson ( 2013 ), p. 7.

Literature review is defined as being ‘a systematic, explicit and reproducible method for identifying, evaluating and synthesising the existing body of completed and recorded work produced by researchers, scholars and practitioners’: Fink ( 2019 ), p. 3.

Hutchinson ( 2013 ), p. 12.

1. Selecting research question; 2. Selecting bibliographic or article databases; 3. Choosing search terms; 4. Applying practical screening criteria; 5. Applying methodological screening criteria; 6. Doing the review; 7. Synthesising the results: Fink ( 2019 ), pp. 3–5.

The comparative approach is mostly visible in Chap. 6 where the Finland and France MaaS data sharing are compared.

Infographics provide an engaging visual display communication tool that offers to researchers the ability to present intense and sophisticated information on a certain subject in a more comprehensible manner: Dur ( 2014 ), pp. 39–50.

Much has been written about MaaS – from multiple and sometimes conflicting perspectives. ITF ( 2021 ), p. 4.

Books and Chapter Books

Blaikie N (2003) Analyzing quantitative data. SAGE Publications Ltd

Book Google Scholar

Chui WH (2007) Quantitative legal research. In: McConville M et al (eds) Research methods for law. Edinburgh University Press, pp 46–68

Google Scholar

Dobinson I, Johns F (2007) Qualitative legal research. In: McConville M, Chui WH (eds) Research methods for law. Edinburgh University Press, pp 16–45

Fink A (2019) Conducting research literature reviews: from the internet to paper. Sage Publications

Hervey et al (2011) Research methodologies in EU and international law. Bloomsbury Publishing

Hutchinson T (2006) Researching and writing in law. Thomas Lawbook Co

Hutchinson T (2013) Doctrinal research: researching the jury. In: Watkinis D, Burto M (eds) Research methods in law. Routledge, pp 15–41

McNabb DE (2015) Research methods for political science: quantitative and qualitative methods. Routledge

Wasastjerna M (2020) Competition, Data and Privacy in the digital economy: towards a privacy dimension in the competition policy? Springer

Articles in Scientific Journal

Dur (2014) Data visualization and infographics in visual communication design education at the age of information. J Arts Human 3(5):39–50

Guidelines, Reports, Conference-Working-Papers, and Dissertations

International Transport Forum (2021) The Innovative Mobility Landscape: The Case of Mobility as a Service. (ITF No.92). OECD Publishing

Valdani V-A (2019) Study on market access and competition access related to MaaS

Download references

Author information

Authors and affiliations.

University of Hamburg, Faculty of Law, Hamburg, Germany

Erion Murati

You can also search for this author in PubMed Google Scholar

Rights and permissions

Reprints and permissions

Copyright information

About this chapter

Murati, E. (2023). Methodology. In: Regulating Mobility as a Service (MaaS) in European Union. Springer, Cham. https://doi.org/10.1007/978-3-031-46731-8_2

Download citation

DOI : https://doi.org/10.1007/978-3-031-46731-8_2

Published : 09 December 2023

Publisher Name : Springer, Cham

Print ISBN : 978-3-031-46730-1

Online ISBN : 978-3-031-46731-8

eBook Packages : Law and Criminology Law and Criminology (R0)

Share this chapter

Anyone you share the following link with will be able to read this content:

Sorry, a shareable link is not currently available for this article.

Provided by the Springer Nature SharedIt content-sharing initiative

Publish with us

Policies and ethics

Find a journal
Track your research

Legal Research Methodology: Types And Approaches of Legal Research

Legal research methodologies explore unsettled legal questions, acquire and analyze relevant information, and apply findings to solve legal problems.

Let’s understand the definition of legal research methodologies and the types and approaches to Legal research methodologies.

Understand Legal Research Methodology

What is legal research methodology.

Legal research methodologies serve three main functions, exploring a legal problem, critically describing facts and legislation, and explaining or interpreting legal issues and concepts.

Why is a methodology needed in the first place?

The methodology is a means of inquiry to achieve these purposes in a meaningful way .

In legal research, the methodology;

is a systematic inquiry that provides information to guide legal research,
is the trained and scientific investigation of the principles and facts of any subject,
helps the readers understand the research methods to discover the truth and evaluate the results’ validity,
helps the researchers follow a consistent logic in research and prepare them to meet possible challenges,
is also an important way to jam reliable and valid knowledge and explore the relationship between theory and practice.

Understanding research methods will help students conduct and write up their research monographs, dissertations, or theses systematically.

However, research methodology is different from research methods. ‘Research method’ usually implies all methods and techniques used to collect and process the data.

Thus, the method is a tool or technique such as a qualitative or quantitative method. It also includes interviews, case studies, or surveys.

On the other hand, research methodology refers to the body of methods that guide thinking within a specific field of study.

A methodology is a justification or rationale for the research approach and is concerned with the general strategy or approach of undertaking research.

Legal research methodology is a must.

It is vital for a researcher to know the research methodology and understand the underlying methodologies’ assumptions.

Researchers also need to know the criteria by which they can decide that certain methodologies will apply to certain problems.

Research methodology has been defined as the means of acquiring scientific knowledge. It has also been defined as a means to gather information and data to achieve a valid outcome.

Legal research methodology is simply a way of addressing and exploring unsettled legal questions or issues.

Legal research methodologies are techniques by which one acquires legally relevant information, analyzes, interprets, and applies them to resolve issues and present the findings.

Thus, legal research methodology is a scientific and systematic way to solve any legal question.

Legal research methodology also refers to rules of interpretation of legal problems and issues. It is a systematic effort to make an argument to arrive at a true or accurate account of the subject matter under consideration.

The researcher should explain properly why he uses a particular method to evaluate research results by the researcher himself or others. Adopting a particular methodology should stem from the research objective and purpose.

Types of Legal Research

Two types of Legal research are;

Qualitative Research for Legal Research.
Quantitative Research for Legal Research.

The main difference between qualitative and quantitative legal research is that; qualitative legal research is pure and applied research, concerned with the analysis of theories. Whereas quantitative legal research is concerned with testing the theories in the real world.

Depending upon the nature of the research question, legal research is also classified as descriptive and exploratory one.

Descriptive research attempts to describe a situation, problem, phenomenon, or behavior systematically. A description is concerned with making complicated things understandable and simple.

Exploratory research is undertaken to explore areas about which the researcher has little or no knowledge . It involves findings the reason for things, events and situations, showing why and how they have come to be what they are. Exploratory research enables the researcher to formulate problems for more in-depth study, develop hypotheses, and find the best solution.

Another popular distinction is between pure doctrinal research and non-doctrinal or empirical research.

While the former is theoretical work undertaken primarily to acquire new knowledge without a specific application, the latter is original work undertaken to acquire new knowledge with a specific practical application in view.

Doctrinal legal research is concerned with the analysis of legal theories, concepts, rules, and principles.

Most doctrinal legal research is based on the ‘black-letter law’ approach, which focuses on the knowledge of law found in the legal texts, legal theories, statutes, and court judgments with ‘little or no reference to the world outside the law.’

The doctrinal or ‘black-letter’ legal research aims to explain, systemize, and clarify the law on any particular topic by a distinctive mode of analysis.

In recent times, pure doctrinal legal research has been criticized for its rigidity, narrower scope, and inflexibility in addressing diverse contexts m which legal issues or situations arise and operate.

As a result, empirical or inter-disciplinary legal research emerged as a distinct type of legal scholarship in the law schools of western countries to study law in the broader social and political contexts.

This empirical and interdisciplinary legal research employs various social science and humanities methods. According to Epstein and King,

What makes research empirical is that it is based on observations of the world, in other words, data, which is just a term for facts about the world.

These facts may be historical or contemporary or based on legislation or case law, the results of interviews or surveys , or the outcomes of secondary archival research or primary data collection .

Another important classification is between qualitative and quantitative research.

Qualitative Research for Legal Research

Qualitative research is concerned with the explanation, interpretation, and understanding of phenomena or issues, or things. It relies primarily on human perception and understanding. It concerns the subjective assessment of the social or legal problem, situation, and attitude.

Qualitative research is critical in the behavioral sciences, where the aim is to discover the underlying motives of human behavior. A qualitative approach is concerned with the subjective assessment of attitudes, opinions, and behavior.

Quantitative research offers:

richly descriptive reports of individual perceptions, attitudes, beliefs, views, and feelings,
the meanings and interpretations are given to events and things, as well as their behavior;
it displays how these are put together, more or less coherently and consciously,
into frameworks that make sense of their experiences; and
illuminates the motivations which connect attitudes and behavior, the discontinuities, or
even contradictions between attitudes and behavior, or
how conflicting attitudes and motivations are resolved in particular choices made.

Qualitative research is related to the analysis of some abstract idea, doctrine, or theory. It is generally used to develop new concepts or to reinterpret existing ones.

In qualitative research, researchers use analytical techniques and their views on the subject matter in question.

Qualitative research varifies the old established principles of laws. It may lead to discovering a new theory, refinement, or interpretation of an existing theory, principles, or legal issues.

On the other hand, empirical research relies on experience or observation alone, often without due regard for system and theory.

Qualitative research involves more explicit judgment, interpretation, or critical evaluation of a problem.

As far as legal study is concerned, the qualitative method is applied to analyze legal propositions or legal theories or doctrines and explore existing statutory propositions and cases in light of propositions or doctrines.

Qualitative research of law involves studying general theoretical questions about the nature of laws and legal systems, the relationship of law to justice and morality , and problems of application of law in a given society.

The main advantage of the qualitative method is that qualitative analysis draws on the interpretive skills of the researcher and opens up the possibility of more than one explanation being valid.

The main criticism of qualitative research is that it is too impressionistic and subjective. Qualitative findings rely too much on the researcher’s subjective assessment of views about what is significant.

The qualitative research findings tend to be open-ended, which is difficult to generalize: Many qualitative research works are doctrinal. Observation, interviewing, case study, examination, and analysis are the most common method of qualitative research.

Quantitative Research for Legal Research

Quantitative research for legal research is based on the measurement of quantity or amount. It consists of counting how frequently things happen. It applies to phenomena that can be expressed in terms of quantity. It is also known as the statistical method.

Because in quantitative research, researchers use an array of statistical methods and generalizations to determine the meaning of data.

It has been the dominant strategy for conducting socio-legal research. Quantitative methods often test or verify existing theories or hypotheses.

Quantitative research involves finding a solution to a real-life problem requiring an action or policy decision.

Quantitative research also tests many variables through the generation of primary data. The generalization process from sample to a population is an example of quantitative instead of qualitative research methodology.

Quantitative research can contribute new evidence, challenge old theories, and help conceptual clarification.

Usually, the quantitative approach involves generating data in quantitative form, which can be subjected to rigorous quantitative analysis formally and rigidly. Quantification can make it easier to aggregate, compare and summarise data.

Data can be collected from questionnaire surveys, fact-finding inquiries, and interviews. Data analysis is one of the important components of quantitative research.

The quantitative method is also sometimes termed an empirical approach as data are collected to test the hypothesis or examine the propositions or interpretations of findings.

Advantages of the Quantitative Legal Research Methods

First, quantitative data are gathered by various forms of statistical techniques based on the principles of mathematics and probability. The analysis appears to be based on objective laws rather than the researcher’s values.
Second, statistical tests of significance give researchers additional credibility in terms of their interpretations and their confidence in their findings.
Third, quantitative data analysis provides a solid foundation for description and analysis.
Fourth, large volumes of quantitative data can be analyzed relatively quickly, provided adequate preparation and planning have occurred in advance.
Finally, tables and charts effectively organize quantitative data and communicate the findings to others.

The quantitative research method supplements traditional legal research to investigate the complexities of the law, legal actors, and legal activities.

Quantitative legal research is mostly applicable for conducting non-doctrinal, empirical, and socio-legal research . Objectivity remains the main aspect of quantitative research.

A set of rules or procedures should be followed in quantitative research, even though qualitative research tends to be more flexible.

While the researcher’s values and bias influence qualitative research, quantitative research seeks to report the findings objectively, and the role of the researcher is neutral.

Which One is Better – Quantitative or Qualitative Legal Research Methods?

To some extent, it depends on the training of the researcher and the nature of the research questions. But choosing one method in exclusion of others may be counterproductive for advancing legal scholarship.

Rather blending both quantitative and qualitative approaches can be the best way to accomplish the objectives of research work.

It is generally accepted that using more than one method strengthens the validity and credibility of the research.

5 Approaches to Legal Research

Legal research methodology is not particularly different from the research methodology used in other disciplines.

Nonetheless, it has some special attributes regarding source materials and ways of approaching the problems.

Researchers should be clear about the methodology and reasons for choosing a particular methodology.

Effective legal research is hardly possible without a proper understanding of research methodology . A researcher should justify the important methodological choices in their work.

Legal research may be of combination of methods for interpreting and applying legally relevant information. There are no single or universal approaches to legal research methodologies.

There are several approaches to research methodology , such as analytical, inter-disciplinary, comparative, and historical.

A particular type of methodology depends considerably upon the research question formulated and the sources of materials chosen.

Analytical Approach to Legal Research

Interdisciplinary approach to legal research, socio-legal approach to legal research, comparative approach to legal research, historical approach to legal research.

An analytical method is the most important and widely used in legal research. The analysis involves an explanation of the cause and effect of complex phenomena.

Analytical skill is crucial for any legal researcher. The analytical approach requires logical reasoning and interpreting laws to conclude .

Since laws are written in abstract and general terms by their nature, it is the researchers’ and judges’ task to apply those general rules to concrete factual circumstances, for which they apply logic and common sense to analyze and interpret the words in the law.

In most cases, the analytical approach deals with one or more legal concepts or legal theories.

Analytical research uses interpretive methods to examine cases, statutes, and other forms of law to seek out, construct, or reconstruct rules and principles.

An analytical approach is sometimes viewed as doctrinal research.

Doctrinal research of law provides a systematic exposition of the rules governing a particular legal category, analyses the relationship between the rules, explains areas of difficulty, and predicts future developments.

The sources of law have been the primary materials, law doctrines, case law, and legislation. The legal research is largely confined to an analysis of legal doctrine .

The salient characteristic of the analytical approach is its emphasis on the autonomy of law as an independent discipline or science.

Thus, the analytical approach of legal research can lead to ‘close reasoning.’

The analytical method serves the fundamental object of giving effect to the terms of a legislative instrument.

Analytical research is applied to dissect the terms of a provision, draw inferences from them, and apply the conclusions to resolve legal questions.

The most relevant aspects of the analytical approach are:

what did the law-maker intend to achieve with the legislation under consideration?
What is the underlying policy rationale of a piece of legislation?

In the analytical approach, the researcher should highlight the positive aspect of the law, e.g., what a legal situation is, and its normative aspect, e.g., what a legal situation should be.

Thus, it not only describes facts and circumstances but also defines parameters and interprets the facts. It involves applying critical judgment and developing one’s view of the situation.

The normative analysis concerns rational criticism and evaluation of legal doctrines and rules. Such judicial interpretation and process should only be a logical application of existing rules of law .

On the other hand, the positivistic approach holds that the conception of law is a coherent and complete system.

It implies a concerted effort to integrate disciplinary insights and apply the integrated insight to the study of problems.

The interdisciplinary approach of legal research advances the proposition that legal research ought not to content itself with the strictly legal but should also explore the interface between law and the other disciplines.

It integrates disciplines such as history, political science, economics and philosophy, and even different methodologies.

The interdisciplinary approach is distinguished from a multidisciplinary approach, which juxtaposes several disciplines without any attempt to integrate or synthesize aspects of their knowledge and perspectives.

The interdisciplinary approach requires looking at various aspects of the subject and viewing it from more than one perspective.

The interdisciplinary approach suggests the accommodation of sociology of law, economics and law, and law and technology within a single discourse to integrate and establish communicative links between disciplines.

The objective of interdisciplinary research is to combine knowledge, skills, and forms of research experience from two or several disciplines to transcend some of the theoretical and methodological limitations of the discipline in question and create a basis for developing a new form of analysis.

This is evident from integration because legal researchers and lawyers need to look at the law from a much broader angle than previously.

Inter-disciplinary research is “research designed to secure a deeper understanding of law as a social phenomenon, including research for the historical, philosophical, linguistic, economic, social or political implications of the law.”

On the other hand, it also seeks to evaluate the influence of other disciplines on legal scholarship. An interdisciplinary approach often produces results relevant to more than one discipline.

This interrelationship of disciplines is often reflected because many reputed law schools have designed their curriculum to include other subjects to explain a problem coherently and logically.

The interdisciplinary approach also suggests that social science methodologies and information are integrated into legal discourse.

The interdisciplinary approach as the interface of law and social science dates back to the Realist movement in the 1930s and 1940s. That movement highlighted the differences between ‘law in the books’ and ‘law in action.’

A sociological approach to law is one of the most characteristic features of modem jurisprudence—the socio-legal approach views law as a means of social control and change.

According to this approach, the law is essentially a social phenomenon.

The sociology of law seeks to explain the nature o law in terms of the empirical conditions within which doctrines and institutions exist in particular societies or social conditions.

Socio-legal research uses the theories and methods of social science to explore the operation of law, legal processes, and legal institutions.

The sociological approach tells us that law is a social phenomenon and works in a social setting instead of a textual approach.

According to the socio-legal approach, analysis of law is directly linked to the analysis of the social situation to which the law applies and should be put into the perspective of that situation.

It contrasts with the textual or ‘ black letter law ‘ approach, which emphasizes the text’s literal meaning. It calls for going beyond the ‘black letter law and investigating the social milieu against which law is enacted and applied.

On the relationship between law and sociology, Roger Cotterrell wrote succinctly.

Both law and sociology are concerned with the whole range of significant forms of social relationships.

And in practice, the criteria determining which relationships are significant are often similar, deriving from the same cultural assumptions or conceptions of policy relevance.

Furthermore, both legal and sociological inquiries typically seek to view these phenomena as part of, or potentially part of, an integrated social structure.

Thus, law and sociology share a fundamentally similar basic subject matter despite their radical differences in method and outlook.

Law is the practical craft of systematic control of social relations and institutions.

Sociology is the scientific enterprise that seeks systematic knowledge of them.

The socio-legal approach helps researchers to realize a closer understanding of the policy objectives of any legal rule.

The sociological views law as an emanation of social elements and depends not on state authority but on social compulsion.

The socio-legal research assesses the impact of legal doctrines upon society.

The sociological approach tries to investigate through empirical data how law and legal institutions affect human attitudes and what impact they create on society; assess the suitability of legal institutions to the needs of society.

It aims to understand legal and social phenomena, whereas the main concern of the traditional approach to jurisprudence is to undertake analytical-linguistic studies.

Using the law as an instrument of government policy requires understanding the socio-economic context in which the law works and what effects are likely to happen.

In socio-legal research, the law is considered one of the social policy tools.

A wide range of strategies is used in socio-legal research, from the statistical analysis of the survey to the interview analysis.

By using these strategies, the socio-legal approach addresses the following questions:

what are the effects of law and the legal order on the social order?
What are the effects of the social order on the legal order?
What are the effects of the law on attitude, behavior, institutions, and organizations in society, maintenance, and change of society?
What are the effects of attitudes, maintenance, behavior, institutions, and organizations in society, maintenance, and change of society on the law?

Each legal system has its history, fundamental principles and procedures, and forms of legal publication sources.

But in this globalized and interdependent world-the study of the law of other countries is assuming greater significance.

The law of foreign countries is increasingly becoming relevant in national court proceedings involving international transactions.

Interaction between various legal systems is sometimes described as a transnational legal system. The comparative method is advantageous for understanding the transnational legal system.

The comparative approach as a study of legal systems by comp comparison has assumed wider significance due to the ongoing globalization process.

With the growth of international and regional legal orders, understanding the forms and methods of comparative legal study has become essential to all those wishing to understand and engage in current legal debates.

Even one needs a comparative method to understand the law within one’s own country. The comparative method offers how the differences between the law of diverse countries and systems are analyzed.

In this way, a comparative study is appreciated for its benefit to the national legal system.

The comparative method aims to harmonize but not unify the world’s different laws and legal cultures.

Because often, the comparative approach may involve a comparison of two or more national legal systems.

But undoubtedly, comparative study helps to harmonize the laws of different countries.

In this sense, it has an international dimension.

The comparative approach takes the insider’s view on the legal systems studied and helps understand the institutional structure of concepts, thinking, and organizations of the systems in question.

The comparative method denotes different ways of addressing the same issue and finding differences. The comparison may give a fuller view of the subject under investigation.

However, the objective of the comparative method is not to draw mere similarities and dissimilarities.

Instead, it can enable a researcher to suggest a suitable solution to legal problems in light of a set of rules ideal for a given society.

The comparative method may confer the following 3 advantages:

comparative research can throw doubts on the usefulness or firmly entrenched views;
it may suggest a suitable solution to legal problems;
A comparative study tends to aid in assembling which principles, applicable in the field concerned, are fundamental and which are secondary.

The historical approach looks at the evolution and development of a particular system of rules to provide useful contextual background and a fuller understanding of a certain legal discipline both for the researcher and the ultimate reader.

A historical approach examines the relations between law and events, showing how the law has been used at different times for different purposes and how it connects with interests and classes, political ends, and social movements.

The historical approach helps us understand how a particular institution or law evolved and why they need a change in the present context.

It takes the view that history has a significant role in explaining the current state of law, its past development, and likely future direction.

For example, to understand the institutional and jurisdictional aspects of the United Nations , a brief look at the whole concept and history of collective security and that of the League of Nations could be of some help.

The historical approach takes us from the past to the future. The historical approach serves to understand the present situation and shows the general trend of changes in laws.

As the present can not be properly understood without some knowledge about the past, the foremost purpose of the historical approach is to gain a clear perspective of the present.

But historical research can aim at the simply scholarly desire of the researcher to arrive at an accurate account of the past.

The sources of the historical approach include parliamentary debates on any legislative scheme, official reports of inquiry, case reports, newspaper reports, and journals.

The researcher should be careful about the authenticity and integrity of the documents.

In evaluating documents, the researcher should try to determine their completeness by verifying whether there have been additions or deletions to the original text.

The researcher should also maintain objectivity in interpreting historical events and show an adequate historical perspective of the issue under research.

For this purpose, primary sources or historical documents should be used as extensively as possible .

There is “no set legal methodology” that is applicable in all cases. It is not always possible to make clear-cut distinctions among the above ways of approaching the methodology.

A research paper that is concerned essentially with examining a subject may also involve comparison.

The researcher can choose a method best suited to questions and available sources. It depends upon the nature of the research question.

Knowledge Base

What is Doctrinal and Non-Doctrinal Legal Research?

What do you mean by legal research.

Legal research is the process of identifying and finding information necessary to support legal decision-making. It is generally the process of checking for a legal precedent that can be cited in a brief or at trial. Virtually every lawsuit, appeal, criminal case, and the legal process usually requires some amount of legal research. Legal research skills are of great importance for lawyers to solve any legal case, regardless of area or type of practice. The most basic step in legal research is to find a noteworthy case governing the issues in question. As most legal researchers know, this is far more difficult than it sounds.

What is Doctrinal and Non-Doctrinal Legal Research?

A researcher’s analysis of a case often begins in the initial research stage when he/she identifies the relevant facts and determines the legal issues that must be researched. As this analysis continues, it is further refined as they decide where, how, and what to search. When they find relevant legal materials, they must understand them and how they apply to the facts of their case in hand. This research provides a crucial analytical foundation that will aid them in their decisions for the remainder of the case.

Whether you are a Lawyer, a paralegal or a law student, it is essential that Legal research is done in an effective manner. This is where the methodology comes into play. Different cases must be approached in different ways and this is why it is important to know which type of legal research methodology is suitable for your case and helpful for your client.

There are many Types of Legal Research like Descriptive Legal Research, Quantitative Research, Qualitative Legal Research, Analytical Legal Research, Applied Legal Research, Pure Legal Research, Conceptual Legal Research, Empirical Legal Research, Comparative Legal Research, Doctrinal Legal Research, Non-doctrinal Legal Research, etc.

This article talks in-depth about two types of Legal Research:

Doctrinal Legal Research
Non-Doctrinal Legal Research

What is the meaning of the word “Doctrine” under Doctrinal Research??

Doctrine Definition: A rule or principle of the law established through the repeated application of legal precedents.

Common law lawyers use this term to refer to an established method of resolving similar factual or legal issues. For Example Doctrine of Indoor Management – (According to this doctrine, persons dealing with the company need not inquire whether internal proceedings relating to the contract are followed correctly, once they are satisfied that the transaction is in accordance with the memorandum and articles of association.)

The word doctrine refers to a set of beliefs. The word comes from the Latin doctor for “teacher,” so think of a doctrine is the teachings of a school, religion, or political group. Doctrine and doctor derive from the same Latin word, docere, which means “to teach”: doctor means “teacher,” and doctrina means “teaching, learning.”

A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case.

What is the meaning of the word “Non-Doctrine” under Non-Doctrinal Research?

The word Non-Doctrine under Non-Doctrinal Research deals with the Socio-legal aspect of the research. Here, fieldwork is the most important part of the research. Thus scope is wider. It is more concerned with social values. It can be a problem, policy or law reform based. Non Doctrinal research can be qualitative or quantitative or could be part of a large scale project.

What is Doctrinal Legal Research?

The central question of inquiry here is ‘what is the law?’ on a particular issue. It is concerned with finding the law, rigorously analysing it and coming up with logical reasoning behind it. Therefore, it immensely contributes to the continuity, consistency, and certainty of law. The basic information can be found in the statutory material i.e. primary sources as well in the secondary sources. However, the research has its own limitations, it is subjective, that is limited to the perception of the researcher, away from the actual working of the law, devoid of factors that lie outside the boundaries of the law, and fails to focus on the actual practice of the courts.

Methodology of Doctrinal Research

Doctrinal or library-based research is the most common methodology employed by those undertaking research in law. Doctrinal research asks, what is the law in a particular case. It is concerned with the analysis of the legal doctrine and how it was developed and applied. As it is well known, this is purely theoretical research that consists of either simple research aimed at finding a specific statement of the law, or it is legal analysis with more complex logic and depth. In short, it is library-based research that seeks to find the “one right answer” to certain legal issues or questions. Thus, the aim of this type of methodology is to make specific inquiries in order to identify specific pieces of information.

For example, an investigation can be conducted to find specific legislation that monitors occurrences of child abuse in a particular jurisdiction. All inquiries will have specific answers to specific questions that can be easily found and verified, and these are the keys to is doctrinal or library-based research. These steps include analysis of legal issues in order to determine the need for further research. This stage often involves a great deal of background reading on a subject using sources such as dictionaries, encyclopaedias, major textbooks, treatises, and journals that are accompanied by footnotes. These sources provide Definitions of Terms that help the researcher understand and summarize the legal principles involved in the field of law understudy.

Normative Character of Doctrinal Research

The normative character of doctrinal research in particular contexts, is concerned with the discovery and development of legal doctrines and research, for publication in textbooks and journals that take the form of asking the question, “What is the law?”

Legal rules are normative in character because they dictate how we should behave as individuals. They make no attempt to either explain, predict, or even understand human behaviour, just to describe it. In short, doctrinal research is not therefore research about law at all. In asking “What is the law?” it takes the internal cognitive approach oriented to the aim of the study. For this reason, it is sometimes described as research in the field of law.

What is Non-Doctrinal Legal Research?

Non-doctrinal research, also known as social-legal research, is research that employs methods taken from other disciplines to generate empirical data that answers research questions. It can be a problem, policy, or a reform of the existing law. A legal non-doctrinal finding can be qualitative or quantitative, and a dogmatic non-doctrinal finding can be part of a large-scale project. The non-doctrinal approach allows the researcher to conduct research that analyses the law from the perspective of other scientific disciplines, and to employ those disciplines in drafting the law. For example, in the behavioural sciences, there is a standard form of a consumer contract that contributes to the study of psychological phenomena:

The tendency of consumers not to read the standard form contract,
The inability of consumers to evaluate the terms of the contract correctly once they do read. And
The ability of sellers to deal with consumers. Because it uses non-sectarian legal experimental data, it provides vital insights about the law in context, i.e. how the law works out in the real world. Legal research is experimental and valuable in detecting and explaining practices and procedures in legal and regulatory systems. It is also valuable in settling disputes and impacts the legal phenomena of social institutions and businesses. Similarly, experimental legal research in economics applies legal analysis, statistical inference, and economic modelling, to the core areas of national and international law, such as tort, property, contracts, criminal law, law enforcement, and litigation. Earlier research can be used to analyze the economics of legal negligence theory.

In conclusion, we can say that it is easy to target a specific methodology and identify its strengths and weaknesses. However, it must be noted that doctrinal and non-doctrinal legal research is the ultimate way to find the answers that have been raised in the context of attempts to understand the emerging issues in the framework of the law. There is no hierarchy between types of Legal Research and they are all of equal importance for the development and understanding of the law. A good lawyer will be aware of the advantages and disadvantages of any particular methodology and will be able to get better. Often, the combination of different methods of Legal Research, i.e., a mixed-method using ideological, social, and legal, can work together to achieve a better understanding of the law.

Legodesk is the best cloud-based legal case management software for law professionals. It also helps Clients find a lawyer. Interested to know more? Sign Up today to start your free trial or contact us if you have any queries.

Try our Debt Resolution solutions today Request a Demo

1 Introduction: Legal Research Methodology, Purposes, and Footsteps

Published: January 2020
Cite Icon Cite
Permissions Icon Permissions

The first chapter introduces the subject by explaining key words like research, legal research, method, and methodology. By linking knowledge with research, it brings out the purposive character of knowledge influencing research. It lists various objectives of legal research such as exploration, description, historical explanation, law reform, prediction, and publication, briefly explaining each. It traces the historical development of legal research in India thorugh ancient, medieval, colonial, and modern times. It finds that legal research became systematic and wide spread only along with orderly growth of legal education. Finally, it catalogues diverse methods of legal research under the categories of doctrinal, non-doctrinal, and integrated methods of legal research. Reader gets a basic idea about legal research, its past, present, and future potentiality and a glimpse of its wider canvas.

Signed in as

Institutional accounts.

Google Scholar Indexing
GoogleCrawler [DO NOT DELETE]

Personal account

Sign in with email/username & password
Get email alerts
Save searches
Purchase content
Activate your purchase/trial code

Institutional access

Sign in with a library card Sign in with username/password Recommend to your librarian
Institutional account management
Get help with access

Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:

IP based access

Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.

Sign in through your institution

Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institutionâ€™s website and Oxford Academic.

Click Sign in through your institution.
Select your institution from the list provided, which will take you to your institution's website to sign in.
When on the institution site, please use the credentials provided by your institution. Do not use an Oxford Academic personal account.
Following successful sign in, you will be returned to Oxford Academic.

If your institution is not listed or you cannot sign in to your institutionâ€™s website, please contact your librarian or administrator.

Sign in with a library card

Enter your library card number to sign in. If you cannot sign in, please contact your librarian.

Society Members

Society member access to a journal is achieved in one of the following ways:

Sign in through society site

Many societies offer single sign-on between the society website and Oxford Academic. If you see â€˜Sign in through society siteâ€™ in the sign in pane within a journal:

Click Sign in through society site.
When on the society site, please use the credentials provided by that society. Do not use an Oxford Academic personal account.

If you do not have a society account or have forgotten your username or password, please contact your society.

Sign in using a personal account

Some societies use Oxford Academic personal accounts to provide access to their members. See below.

A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.

Some societies use Oxford Academic personal accounts to provide access to their members.

Viewing your signed in accounts

Click the account icon in the top right to:

View your signed in personal account and access account management features.
View the institutional accounts that are providing access.

Signed in but can't access content

Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.

For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.

Our books are available by subscription or purchase to libraries and institutions.

About Oxford Academic
Publish journals with us
University press partners
What we publish
New features
Open access
Rights and permissions
Accessibility
Advertising
Media enquiries
Oxford University Press
Oxford Languages
University of Oxford

Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide

Cookie settings
Cookie policy
Privacy policy
Legal notice

This Feature Is Available To Subscribers Only

This PDF is available to Subscribers Only

For full access to this pdf, sign in to an existing account, or purchase an annual subscription.

Legal Research: Doctrinal and Non-Doctrinal

The article 'legal research: doctrinal and non-doctrinal research' provides insight into legal research from two different perspectives, and each has its strengths and limitations..

The article ' Legal Research: Doctrinal and Non-Doctrinal ' provides insight into legal research from two different perspectives, and each has its strengths and limitations.

Introduction

Doctrinal Legal Research is defined as research into legal doctrines through analysis of statutory provisions and cases by the application of the power of reasoning. While non-doctrinal legal research is defined as research into the relationship of law with other behavioural sciences. Non-doctrinal research/ Socio-Legal often involves the use of social science research methods, such as surveys, experiments, and case studies, to investigate a particular phenomenon. This type of research is often used in disciplines such as sociology, psychology, and political science.

The choice between doctrinal and non-doctrinal research methodology will depend on the nature of the research question and the research objectives. In some cases, a combination of both methodologies may be used to provide a more comprehensive understanding of a legal issue.

Methodology of Doctrinal Research

Doctrinal research is a research methodology that focuses on analyzing and interpreting legal documents, such as statutes, case law, regulations, and treaties, in understanding legal concepts, principles, and doctrines. The methodology of doctrinal research involves several steps:

Identification of the research problem: This involves defining the research problem or question and clarifying the scope of the research.

Collection of legal sources: The next step is to gather relevant legal sources such as statutes, regulations, case law, and legal treatises.

Evaluation of legal sources: Once the legal sources have been collected, the researcher must evaluate them to determine their relevance, reliability, and credibility.

Analysis of legal sources: After evaluating the legal sources, the researcher must analyze them to identify legal principles, concepts, and arguments.

Synthesis of legal principles: The researcher must then synthesize the legal principles and concepts that have been identified through analysis, to form a coherent and logical understanding of the legal topic.

Application of legal principles: Finally, the researcher must apply the legal principles and concepts that have been synthesized to the research problem or question, to arrive at a conclusion or recommendation.

Overall, the methodology of doctrinal research is a systematic and rigorous approach to legal research that involves careful analysis and interpretation of legal sources to gain insights into legal principles and their application.

The Normative Character of Doctrinal Research

The normative character of doctrinal research means that it is expected to conform to certain ethical and professional standards, such as accuracy, objectivity, and transparency. Researchers are expected to use reliable sources and to analyze and interpret them systematically and rigorously. The methodology of doctrinal research typically involves a process of reading, analyzing, and synthesizing legal texts to identify relevant legal concepts and principles. This may involve using various techniques, such as textual analysis, comparative analysis, and historical analysis. The researcher may also use other sources of information, such as legal commentaries and treatises, to supplement their analysis.

One of the key principles of doctrinal research is the principle of legal certainty, which requires that legal research be conducted in a manner that promotes clarity and consistency in legal interpretation. This means that researchers must be clear and explicit in their analysis and interpretation of legal texts, and must avoid ambiguous or contradictory conclusions.

Overall, the normative character of doctrinal research requires that researchers adhere to rigorous standards of methodology and analysis, to produce accurate and reliable interpretations of legal texts.

Merits of Doctrinal Research

Here are some merits of this research methodology:

Clarity : Doctrinal research can provide clear and concise answers to legal questions, as it is based on legal texts that are authoritative sources of law. It allows researchers to identify and analyze legal concepts, principles, and doctrines systematically and objectively.
Cost-effective: Doctrinal research is a cost-effective research methodology, as it does not require extensive data collection or empirical analysis. Researchers can access legal documents online or in libraries, and analyze them using legal research tools and methodologies.
Time-efficient : Doctrinal research is a time-efficient research methodology, as legal documents are readily available and can be analyzed quickly. Researchers can also use legal research tools and methodologies to streamline the research process and save time.
Foundation for further research: Doctrinal research provides a foundation for further research, as it helps researchers identify legal gaps, inconsistencies, and ambiguities. Researchers can use these insights to develop new legal theories, propose legal reforms, or conduct empirical research.
Professional development: Doctrinal research can help legal professionals, such as lawyers, judges, and scholars, enhance their knowledge and skills in a particular legal field. It enables them to develop a deeper understanding of legal concepts, principles, and doctrines, and apply them to real-world legal problems.

Demerits of Doctrinal Research

Limited scope: Doctrinal research is limited to the study of legal sources, which may not provide a comprehensive understanding of a particular legal issue. It may overlook non-legal factors that can affect legal outcomes.
Bias: Doctrinal research relies heavily on legal sources, which can be biased towards a particular interpretation of the law. This can lead to a limited or one-sided analysis of legal issues.
Lack of empirical evidence: Doctrinal research does not involve the collection of empirical data, such as surveys or interviews, which can provide insight into the impact of legal rules and practices on individuals and society.
Difficulty in predicting outcomes: Doctrinal research is primarily focused on analyzing past legal decisions and interpreting legal sources. As a result, it may not always be reliable in predicting future legal outcomes or identifying trends in legal decision-making.
Limited applicability: The findings of doctrinal research may only apply to the specific legal system or jurisdiction being studied, and may not apply to other legal systems or jurisdictions.
Limited originality: Doctrinal research is primarily focused on analyzing existing legal sources and interpreting legal decisions. As a result, it may lack originality and creativity compared to other research methodologies.

Non-Doctrinal Research

Non-Doctrinal/Socio-legal research is a multidisciplinary field of inquiry that explores the intersection between law and society. Socio-legal research is a methodology that combines social science and legal principles to study the interaction between law and society. It involves the use of empirical methods to analyze legal institutions, practices, and policies within their social context. The socio-legal approach recognizes that law is shaped by social, economic, cultural, and political factors and that legal norms and practices, in turn, influence behaviour and social change.

Socio-legal research typically involves a combination of qualitative and quantitative research methods, such as interviews, surveys, case studies, content analysis, and statistical analysis. This interdisciplinary approach allows researchers to explore how legal systems and practices impact individuals and communities, and how social norms and behaviours shape legal institutions and decision-making.

The ultimate goal of socio-legal research is to provide insights into the complex relationship between law and society and to inform policy decisions and legal reform efforts that can promote greater justice and equity in society.

An example of socio-legal research could be:

Research question: How does the legal system in the United States impact immigrant communities?

Methodology: Qualitative research method, including interviews, focus groups, and participant observation.

Data collection: Interviews with immigrants, lawyers, judges, and other legal professionals; focus groups with community organizations and advocacy groups; participant observation at court hearings and other legal proceedings.

Data analysis: Thematic analysis of interview transcripts and focus group discussions, content analysis of legal documents and court records, and ethnographic analysis of participant observation data.

Findings: The research may find that the legal system in the United States has a disproportionate impact on immigrant communities, resulting in increased rates of detention and deportation, family separation, and other negative consequences. It may also reveal how social factors, such as race, ethnicity, and socioeconomic status, intersect with legal rules and institutions to create barriers to justice for immigrant populations.

Conclusion: The study may conclude that there is a need for reform in the legal system to address the needs and rights of immigrant communities and that greater attention should be paid to how social factors influence legal outcomes.

Difference between Doctrinal and Non-Doctrinal Research/Socio-Legal Research

There are several key differences between doctrinal research and non-doctrinal research:

Focus: Doctrinal research focuses on the analysis of legal rules and principles, while socio-legal research focuses on the social, political, and economic contexts in which legal rules are created, enforced, and applied.
Methodology: Doctrinal research typically involves the analysis of legal sources such as statutes, case law, and legal commentary, while socio-legal research often involves the use of qualitative research methods such as interviews, surveys etc.
Interdisciplinary approach: Socio-legal research is often interdisciplinary, drawing on theories and methods from a range of fields such as sociology, anthropology, political science, and psychology. Doctrinal research, on the other hand, tends to be more focused on legal analysis and interpretation.
Purpose: Doctrinal research is often used to form legal arguments and policy recommendations, while socio-legal research is often used to form policy decisions and to advocate for legal and social reforms.
Perspective: Doctrinal research tends to focus on legal rules and principles from a neutral or objective perspective, while socio-legal research often takes a more critical perspective, examining how legal rules and processes may reflect and reinforce existing power structures and social inequalities.
Scope: Doctrinal research typically focuses on a specific legal issue or area of law, while socio-legal research may examine a range of legal issues within a particular social, political, or economic context.

Overall, while both doctrinal and socio-legal research are important approaches to legal research, they differ in their focus, methodology, purpose, perspective, and scope.

Doctrinal research and non-doctrinal research are two different but complementary approaches that can be used in legal research. Doctrinal research is focused on analyzing and interpreting legal texts, such as laws, case law, and legal commentary. Non-Doctrinal research, on the other hand, is focused on the social and cultural context in which law operates. It seeks to understand how the law is used, interpreted, and enforced in society.

Combining both approaches can lead to a more comprehensive understanding of the law and its impact on society. This can be particularly useful in identifying areas where the law may need to be reformed or improved. By examining both the legal principles and the social context in which they operate, legal researchers can gain a deeper understanding of how the law works in practice and how it can be improved to better serve the needs of society.

Important Links

Law Library: Notes and Study Material for LLB, LLM, Judiciary, and Entrance Exams

Law Aspirants: Ultimate Test Prep Destination

Apurva Neel

Apurva is a Research Associate and Editor at Legal Bites with an LL.M. specialization in Corporate and Commercial Laws from Amity University, Mumbai. She has put her best efforts into presenting socio-legal aspects of society through various seminars, conferences etc.

Related News

The Federal Register

The daily journal of the united states government, request access.

Due to aggressive automated scraping of FederalRegister.gov and eCFR.gov, programmatic access to these sites is limited to access to our extensive developer APIs.

If you are human user receiving this message, we can add your IP address to a set of IPs that can access FederalRegister.gov & eCFR.gov; complete the CAPTCHA (bot test) below and click "Request Access". This process will be necessary for each IP address you wish to access the site from, requests are valid for approximately one quarter (three months) after which the process may need to be repeated.

An official website of the United States government.

If you want to request a wider IP range, first request access for your current IP, and then use the "Site Feedback" button found in the lower left-hand side to make the request.

Academia.edu no longer supports Internet Explorer.

To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser .

Enter the email address you signed up with and we'll email you a reset link.

We're Hiring!
Help Center

Research Paper on Doctrinal and Non-Doctrinal Methods of Legal Research

"Doctrinal and Non-Doctrinal (Empirical) Methods of Legal Research " for Research Method & Legal Writing. Research means repeated search for something, to find out some different new things or something special knowledge in the existing facts. Legal research is any systematic study for that specific methodology which should be carried out. Method is the way of doing something and Methodology is the science of a particular subject. There are different methods of research that may be applicable in legal research. Usually legal research is divided into Doctrinal and Non-Doctrinal research. This paper discussed Doctrinal (Professors) and Non-doctrinal (Lawyers or Empirical) Methods of Research to show The Legal Fraternity how to write with understanding regarding the Merits, Demerits, and the Comparisons between doctrinal and non-doctrinal legal research. Thus, the combination of methodologies, i.e., a mixed method using ideological,social,and legal,can work together to achieve a better understanding of the law.

Related Papers

International Journal of Management, Technology, and Social Sciences (IJMTS)

Srinivas Publication

Human beings possess instinct of inquisitiveness in cases of confronting with the unknown aspects of life which probe to attain greater understanding on such uncertainty. This inquisitiveness is the method which man employs for obtaining knowledge is termed as research. It is the art of scientific enquiry into new facts conducted in any branch of knowledge. Generally, Research is the movement from the known towards the unknown to be called as the voyage of discovery. It originally contributes to the existing stock of knowledge facilitating its advancement. Truth is pursued with the help of study, observation, comparison and experiment. Systematic study of the law through doctrinal and non-doctrinal research methods considers to be the socio-legal studies aiming to analyze the impact of legal mechanism on the social system. This paper introduces into the fundamentals of legal research, socio-legal studies, conceptual framework on doctrinal research, steps of doctrinal studies, limitations and differences between doctrinal and non-doctrinal legal research methods.

kalpesh chandratre

This paper discussed doctrinal and non-doctrinal legal research to show researchers how to write with understanding regarding the advantages, disadvantages, and the comparisons between doctrinal and non-doctrinal legal research. Thus, the combination of methodologies, i.e., a mixed method using ideological, social, and legal, can work together to achieve a better understanding of the law.

Muhammad Ainun Najib Surahman

Muhammad A I N U N N A J I B Surahman

Legal science research has undergone many developments to be able to adapt to the views of law itself. The classification carried out by legal experts is not limited to normative or doctrinal law and empirical or non-doctrinal law, but has developed far. This can happen because law is something that must be implemented and studied with the aim of finding the truth. Normative-empirical (applied) legal research is research that examines how positive legal provisions (legislation) and written documents are implemented in action (factual) at each specific legal event that occurs in society. The aim of the study is to ensure whether the results of the application of the law in legal incidents in concreto are in accordance or not in accordance with the provisions of the statutory regulations. Or in other words, whether the provisions of the laws and regulations have been implemented as they should, so that the interested parties can achieve their goals or not according to the rules of the law itself.

Dr. Jayanta Ghosh

Prakhar Sharma

Mark Van Hoecke

1. Legal Doctrine: Which Method(s) for What Kind of Discipline? Mark Van Hoecke 2. The Method of a Truly Normative Legal Science Jaap Hage 3. Explanatory Non-Normative Legal Doctrine. Taking the Distinction between Theoretical and Practical Reason Seriously Anne Ruth Mackor 4. A World without Law Professors Mathias M Siems 5. Open or Autonomous? The Debate on Legal Methodology as a Reflection of the Debate on Law Pauline C Westerman 6. Methodology of Legal Doctrinal Research: A Comment on Westerman Jan Vranken 7. The Epistemological Function of 'la Doctrine' Horatia Muir Watt 8. Maps, Methodologies and Critiques: Confessions of a Contract Lawyer Roger Brownsword 9. Legal Research and the Distinctiveness of Comparative Law John Bell 10. Does One Need an Understanding of Methodology in Law Before One Can Understand Methodology in Comparative Law? Geoffrey Samuel 11. Comparative Law, Legal Linguistics and Methodology of Legal Doctrine Jaakko Husa 12. Doing What Doesn't Come...

Alexandre Veronese , Roberto Fragale

The paper focuses on the contemporary debate about legal research, with attention to the Brazilian situation. This discussion has intensified over the last decade and it is already possible to draw some prospective considerations and critical assessments about the difficulties in differentiating the various types of work produced by graduate programs and researchers. The first section reviews the discussion held so far, highlighting the emergence – both in speeches and in everyday Brazilian institutional scenario – of a different kind of legal scientific work: empirical research. The second part undertakes a critical examination of the debate and demonstrates that there are some outstanding issues related to legal research, in particular the difficulty in distinguishing between the professional studies and scientific research or philosophical elaboration. Those two kinds of legal research are identified and distinguished in order to show the possibilities of dialogue among them. Also, it indicates that it is crucial to the institutionalization of legal research a more demarcated border between the technical products and scientific products (pure or basic research), with a specific space to be granted to empirical studies. The third section concludes the paper based on the assertion that empirical legal research is an international phenomenon. Such assertion is, in this sense, comforting, since it allows viewing that the Brazilian scenario is in tune with what is being done over the world in terms of legal research. Also, it indicates that the path of consolidation of empirical research has proved to be relentless. Such research is needed due to the constant demand for diagnostic and assessments for the innovative propositions in terms of public policies. Finally, a critical argument is performed to postulate the future need of expansion in the volume of basic or pure empirical legal research to undergo the scientific objectives of refiningthe methodological tools and theoretical approaches. As such type of research can only be carried out by academic groups linked to graduate programs and students amidst their production of theses and dissertations, a special attention should be given to these institutional development and empowerment.

International Journal of Criminology and Sociology

Lifescience Global Canada

A legal researcher must see that research is an activity. The research is not only reading books, principles, doctrines, and regulations but also an activity to find data. Legal research should no longer distinguish between normative research and sociological research, or qualitative and quantitative research. This research method uses focus group discussions as used in qualitative research. The results of the study are that the law was born from the community that the legal system consists of substance, system, and culture. So that legal research that has its characteristics and is different from social science (sui generis) needs to be re-examined in its meaning in research. Related to the use of primary data existence, in socio-legal research requires primary data whose ranking consists of 7 (seven), namely: Dissertation, National and International scientific journal articles, Thesis and Thesis, Interview, Academic Paper, Court Verdict and Case, which how to obtain primary data must be systematic, scientific and rational. So in addition to normative juridical research with the object of research on legal principles, teachings or legal theories, and legal doctrines, legal research needs to reposition primary data in socio-legal research.

Jahlan Remtula

Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation."

RELATED PAPERS

Acta Orthopaedica

Journal of Electroanalytical Chemistry - J ELECTROANAL CHEM

Yassein Temerk

Deepu Sebin

Journal of Critical Care

Miguel Angel Cobos Gil

Open Forum Infectious Diseases

Arturo Augusto Zainos Aguirre

Major Mohd Ramli Othman

Hillary Mukudu

Ayokunle Adesanya

Maciej Kuboń

Investigative Opthalmology & Visual Science

Lois Balmer

Dimas Galih

Abdimas: Jurnal Pengabdian Masyarakat Universitas Merdeka Malang

netty kusumawati

Daniel Stange

Prashant Chintapalli

Scientific Reports

furqan aziz

Archives of Women's Mental Health

Abel Somohano Fernández

Sensors and Actuators B: Chemical

Jesús Lozano

Scripta Materialia

Markus Speidel

办莫道克大学Murdoch毕业证书澳洲大学文凭学历证书

실시간카지노 토토사이트

Cancer Cytopathology

Giusy Sciortino

Suluah Bendang: Jurnal Ilmiah Pengabdian Kepada Masyarakat

Submitted to IEEE Infocom, Hong Kong

Md Shahriar Rahman

empirical or non doctrinal legal research

IMAGES

VIDEO

COMMENTS

Defining and Describing What We Do: Doctrinal Legal Research

PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA

Third Party Beneficiary: A Comparative Analysis

1. The historical origins of the trust

Is Separation still an Important Component of Marital Dissolution?

Applicability of the 2017 FIDIC Red Book in Civil Law Jurisdictions

What Does History Matter to Legal Epistemology?

Predicting the Past: The Declaratory Theory of the Common Law – From Fairytale to Nightmare

The Application of Caveat Emptor and Caveat Venditor Doctrines from Civil and Islamic Perspectives

Praktik Jual Beli Hewan yang Sedang Mengandung di Pasar Sapi Nganjuk Menurut Persepektif Hukum Islam

Export Citation Format

Methodology

Cite this chapter

Access this chapter

Books and Chapter Books

Articles in Scientific Journal

Guidelines, Reports, Conference-Working-Papers, and Dissertations

Author information

Rights and permissions

Copyright information

About this chapter

Download citation

Share this chapter

Legal Research Methodology: Types And Approaches of Legal Research

Understand Legal Research Methodology

Types of Legal Research

Qualitative Research for Legal Research

Quantitative Research for Legal Research

Advantages of the Quantitative Legal Research Methods

Which One is Better – Quantitative or Qualitative Legal Research Methods?

5 Approaches to Legal Research

Analytical Approach to Legal Research

What is Doctrinal and Non-Doctrinal Legal Research?

What is the meaning of the word “Doctrine” under Doctrinal Research??

What is the meaning of the word “Non-Doctrine” under Non-Doctrinal Research?

What is Doctrinal Legal Research?

Methodology of Doctrinal Research

Normative Character of Doctrinal Research

What is Non-Doctrinal Legal Research?

Leave a Reply Cancel reply

1 Introduction: Legal Research Methodology, Purposes, and Footsteps

Signed in as

Personal account

Institutional access

IP based access

Sign in through your institution

Sign in with a library card

Society Members

Sign in through society site

Sign in using a personal account

Viewing your signed in accounts

Signed in but can't access content

This Feature Is Available To Subscribers Only

Legal Research: Doctrinal and Non-Doctrinal

Introduction

Methodology of Doctrinal Research

The Normative Character of Doctrinal Research

Merits of Doctrinal Research

Demerits of Doctrinal Research

Non-Doctrinal Research

Difference between Doctrinal and Non-Doctrinal Research/Socio-Legal Research

Important Links

Apurva Neel

Related News

The Federal Register

Research Paper on Doctrinal and Non-Doctrinal Methods of Legal Research

Related Papers

RELATED PAPERS

RELATED TOPICS

IMAGES

VIDEO

COMMENTS