COMPARATIVE STUDY OF DOCTRINAL AND NON-DOCTRINAL

RESEARCH.

LEGAL RESEARCH AND METHODOLOGY

Submitted By-
Shikha Pandey
SF0118048

Faculty In Charge

Mr. Thangzakhup Tombing

NATIONAL LAW UNIVERSITY, ASSAM

GUWAHATI

NOVEMBER 05, 2018

TABLE OF CONTENTS

CONTENTS PAGE NO.

1. Introduction 2
1.1 Overview
1.2 Literature Review
1.3 Research Question
1.4 Scope and Objective
1.5 Research Methodology
2. Research 5
2.1 What is Research?
2.2 What is legal research?
2.3 Goals of research.
2.4 Iterative process of research
3. Doctrinal Research 7
3.1 Concept of doctrinal research
3.2 Essential characteristics of Doctrinal Research
3.3 Aims and objective of doctrinal research
3.4 Basic tool for doctrinal research
3.5 Advantages of Doctrinal research
3.6 Normative character of doctrinal research
3.7 Disadvantages of Doctrinal research
4. Non- doctrinal research 12
4.1 Concept of non-doctrinal research
4.2 Essentials characteristics of non-doctrinal research
4.3 Tools for non-doctrinal research
4.4 Merits of non-doctrinal research
4.5 Demerits of Non-doctrinal research
5. Difference between doctrinal and non-doctrinal research 15
6. Conclusion 16
Bibliography 17

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CHAPTER – 1

INTRODUCTION
1.1 Overview
Research is basically a scientific systematic investigation into and study of materials and sources in order
to establish facts. The origin of word lies in the French word “re” meaning “expressing intensive
force” and cerchier meaning “ to search” . In general word it can be said that research includes
gathering of data, information, facts for the advancement of knowledge. But in formal sense
research is performing a methodological study in order to prove a hypothesis or finding an
answer of a specific question. Research must be scientific, systematic, objective and must follow
a series of steps and a standard protocol. 1

Legal research is a research pertaining to law. It is the systematic investigation of a legal fact that
increases the sum of knowledge pertaining to law. It is an addiction of something to an existing
knowledge or refute something in an existing knowledge. Law as per legal research attracts
judicial pronouncements, the prior stages of making and unmaking laws, historical antecedents,
subsequent.2

There are different methods of research that may be applicable in law. They can be categorized
as multidisciplinary, doctrinal, non-doctrinal research. The main two types are-

Doctrinal research- It is a theoretical and a pure type of research. Conventional legal sources like
reports of committee, legal history, judicial pronouncement, facts passed by legislature and
parliament are the sources of doctrinal legal research.

Non-Doctrinal research- It is known as empirical research and socio-legal research and relies on
experience and observation. It is a trans-boundary research but its foundation is on doctrinal
research only. Non doctrinal legal research tries to investigate through empirical data, how law
and legal institutions affect human attitudes, and what impact on society they create. 3

1
Mona purohit, Legal system and research methodology;CLP,3rd edition 2014; reprint 2015
2
(25 october,2018,11:00am),http//www.acdemia.edu/15065282/doctrinal_legal_research

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1.2 Literature Review
1. Case Study Research - Design and Methods, Robert K. Yin, Fourth edition Published by Sage
India Pvt. Ltd.
This book gives us an insight about the various forms of research, the methods, sources
The book covers all the areas related to legal research and clearly illustrates each section of
research with adequate examples and theories. Overall the book shall be very helpful for
researchers who look forward for legal research.

2. Legal Education & Research Methodology, Dr. Mona Purohit, First edition: Published by
Central Law Publications 107, Darbhanga Castle, Allahabad.
This book explains the various forms of research and the processes in terms of which
research is carried out. It helps to understand the basics of research and to use the methods for
doing real and professional research. It covers all areas from discussion methods to problem
solving methods. The future of legal education and the manner in which it should be carried on is
also depicted in detail. Overall the book is extremely helpful to gather knowledge about legal
research and methodology.

3. Legal Research Methodology, T. Padma, published by : Asia Law House, Hyderabad.

This book explains the various forms of research and the methods to be used. Legal
research methodology is discussed in details in this book and also an insight has been put
forward as to how carry on the process of research.

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1.3 Research Questions
1. What is research? Why is it important?
2. What is doctrinal and non-doctrinal research?
3. What is the difference between doctrinal and non-doctrinal
research?
4. What is the relevance of case study in doctrinal and non-doctrinal
research?

1.4 Scope and Objective

 Scope
The scope of the project is to know what is research and study in detail the
concept of doctrinal and non doctrinal research.
 Objective
1. To analyse the concept of research.
2. To study the essence and quality of Doctrinal and Non-doctrinal research.
3. To study the relevance of doctrinal and non-doctrinal method in legal research.

1.5 Research Methodology:

 Approach to Research: In this project doctrinal research was involved. Doctrinal

Research is a research in which secondary sources are used and materials are
collected from libraries, archives, etc. Books, journals, articles were used while
making this project.
 Types of Research: Explanatory type of research was used in this project, because the
project topic was not relatively new and unheard of and also because various concepts
were needed to be explained.
 Sources of Data collection: Secondary source of data collection was used which
involves in collection of data from books, articles, websites, etc. No surveys or case
studies were conducted.

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CHAPTER – 2

RESEARCH

2.1 What is research?

Research is basically a scientific systematic investigation into and study of materials and sources
in order to establish facts. The origin of the word lies in the French word “re” meaning
“expressing intensive force” and “cerchier” meaning “tosearch.” In a general sense it can be said
that research includes gathering of data, information and facts for the advancement
of knowledge. But in a formal sense research is performing a methodological study in order to
prove a hypothesis or finding the answer of a specific question. Research must be scientific,
systematic, objective and must follow a series of steps and a standard protocol.

2.2 What is Legal research?

Legal Research is a Research pertaining to $aw. It is the systematic investigation of a legal fact
that increases the sum of Knowledge pertaining to law. It is an addition of something to an
existing knowledge, or refute something into an existing knowledge. Law is a
proposition pertaining to the community as a whole. Legal fact may be a single proposition of
law or a set of propositions pertaining to law. Law as per legal Research
attracts judicial pronouncements, the prior stages of making and unmaking law, historical
antecedents, subsequent situation or circumstance of making a law, statistical base for any
change etc.

2.3 Goals of research

There are relatively few published studies about eye care in developing countries, and Unite For
Sight encourages all volunteers to consider developing a research study to contribute important
knowledge to the eye care community on a global scale. Pursuing a research project will be a
challenging and rewarding experience, and this opportunity enables you to pursue an in-depth
original study about a topic of interest .

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Well-conducted research is vital to the success of global heath endeavors. Not only does research
form the foundation of program development and policies all over the world, but it can also be
translated into effective global health programs. Research draws its power from the fact that it is
empirical: rather than merely theorizing about what might be effective or what could work,
researchers go out into the field and design studies that give policymakers hard data on which
they can base their decisions. Furthermore, good research utilizes methodologies that can be
replicated, produces results that are examinable by peers, and creates knowledge that can be
applied to real-world situations. Researchers work as a team to enhance our knowledge of how to
best address the world’s problems.

2.4 The iterative process of research

Ultimately, the key to a successful research project lies in iteration: the process of returning
again and again to the research questions, methods, and data, which leads to new ideas, revisions
and improvements. It is easy to think of research as a step-by-step “1, 2, 3” process, but it is
important to be flexible and open to change. Oftentimes, by discussing the research project with
advisers and peers, one will find that new research questions need to be added, variables need to
be omitted, and other changes need to be made. As a proposed study is examined and re-
examined from different perspectives, it may begin to transform and take a different shape. This
is to be expected and is a component of a good research study. In addition, it is important to
examine study methods and data from different viewpoints to ensure a comprehensive approach
to the research question. In conclusion, there is no one formula for developing a successful study,
but it is important to realize that the research process is cyclical and iterative.

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CHAPTER 3

DOCTRINAL RESEARCH

3.1 Concept of doctrinal research

Doctrinal research is concerned with legal prepositions and doctrines. The sources of data are
legal and appellete court decisions. Doctrinal research also known as traditional research is not
concerned with people but with documents and differs from the non-doctrinal research also
known as empirical research. It means a research that has been carried out by the way of
analyzing the existing statutory provisions and cases by applying the reasoning power and that
has been carried out on a legal preposition or prepositions. 4 Doctrinal research includes analyses
of case laws, arranging, organizing and systemizing legal prepositions and study of legal
institutions through legal reasoning or rational deduction. One of the purposes of the
traditional legal research is ascertaining a legal rule for the purpose of solving a problem. Hence
quality of doctrinal research depends upon the source material on which the researcher depends
upon for study.

As the major portion of the research methodology concerns with the identification of
authoritative the sources and use of techniques to find them out, a doctrinal researcher should
know how to use a law library. The laws on social welfare have placed great burden on courts of
law, in a dynamic society. There will be gaps in statutes and the courts have to evolve doctrinal
principles, standards and norms, generally. Further, there will be ambiguity in the statutory
language. A word may become vague during its application to a particular case, which appears to
be clear during the enactment of law.

3.2 Essential Characteristics of Doctrinal Research

1. 5This type of research involves analysis of legal propositions or legal concepts.

4
(23 october,2018,10:00am),http://lawdessertation.blogspot.in/2015/09/doctrinal-or-non-empirical-research.html

5
Supranote2

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2. In this type of research a conventional source of data is used.
3. Legal propositions from enactments, administrative rules and regulations , cases of courts etc
. can be a part of doctrinal legal research.
4. Doctrinal Research includes research into legal concepts and principles of all types 'cases,
statutes and rules. Doctrinal Research focuses on legal data gathered from case laws, legislation
, journal articles, law reform reports, parliamentary materials, policy documents, relevant text
books etc.
5. Doctrinal Research is a research into law and legal concepts and not “ about ” law
It is theoretical and pure in nature andhence called arm-chair research.
6. Doctrine is a synthesis of various rules, principles, norms , interpretive guidelines and values .
The term doctrinal incase of doctrinal legal research is closely linked with thedoctrine of
precedent.
7. Doctrinal Research is a research into the black letters of law.
8. Doctrinal Researcher makes his research based on secondary data which is relevant to his
proposition.

3.3 Aims and objectives of Doctrinal Research

A doctrinal Research has following aims and objectives, namely:
1. To find the law in the legal statutes, subordinate legislations and judicial precedents.
2. Aims at consistency and certainty of laws.
3. To some extent look into the purpose and policy of law that exists.
4. Aims to study legal institutions like courts, police machinery, jails, tribunals etc.
It must be remembered that the conventional legal approach to law is all about doctrines and the
classical form of legal scholarship was nothing but & doctrinal Research. In this kind of
research, the researcher takes one or more propositions of law as a starting point or focus of his
study. One can never under estimate doctrinal legal research only because it revolves around
statutes and judicial pronouncements. It must be remembered that it contributes to the certainty,
consistency and continuity of law. It helps in systemizing the legal propositions. It acts as an
accelerator for further advancement of legal principles and doctrines.

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3.4 Basic tool for Doctrinal research
Basic Tools of Doctrinal Research:
Statutory materials, subordinate legal materials and case laws constitute the primary resource.
While the secondary resources the researcher refers to are the textbooks, legal articles,
parliamentary debate, etc.
For example, if someone has to undertake a study on the Principles of Compulsory Licensing
under the Law of Patents, then the relevant provisions of the Patents Act, 1970, International
Instruments pertaining to compulsory licensing, law on compulsory licensing in different
jurisdictions, Finding of the Courts, and Intellectual Property Appellate Board like in the Matter
of Application for Compulsory License by Natco Corp., in C.L.A. 1 constitutes primary sources.
While the commentaries on the provision pertain to compulsory license in standard text books,
commentaries, articles in law journals, news reports, blogs etc would constitute secondary
sources.

3.5 Advantages of Doctrinal Research

Doctrinal method has following advantages:
1. It provides quick answers to the practical problems at hand by analyzing the legal principles,
concepts and doctrines. Thereby serving as a ready reference to people who didn’t have time at
their disposal to undertake that research by themselves. Because comparatively speaking a
doctrinal research requires less time. So thereby it ensures a constant stream of information on a
regular basis.
2. It gives insights into the evolution and development of the law. For example, consumer
protection law.
3. It offers a logical explanation to the law and at the same time also highlights inconsistencies
and uncertainties in the law.
4. It reveals gaps ambiguities and inconsistencies in the law. Thus informs has to law can be
more purposive and effective. It lay down a roadmap to develop the law by avoiding the pitfalls.
5. It helps in incrimination of legal knowledge base.
6. Future direction of the law can be predicted on the basis of such studies.

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7. It provides a sound basis of non-doctrinal research. Because in deficit of the required
preliminary knowledge the venture of non-doctrinal research would be directionless and
therefore futile. 6

3.6 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?” This level of research is
different from the area of environmental research done by experimental investigators. This is
perhaps more apparent in comparison with research in the natural sciences, which usually seeks
to explain natural phenomena through the study of causal relationships between variables.
Epistemologically, this is clearly different from the qualitative interpretative required by
doctrinal research. Although the interpretive nature of the process bears a superficial
resemblance to the tradition of understanding the social sciences, there are fundamental
differences in cognitive reality between ideological analysis and all the methods of scientific
research. Scientific research, both in the natural and social sciences, depends on a set of
empirical data, either as a basis for these theories, or as a means to test them. Therefore, in both
cases, the validity of research findings must be determined through the empirical investigation
process. In contrast, the validity of the results of the empirical research in the jurisprudential
world are not affected. 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 behavior, 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. The normative character of the law also means that idiosyncratic health research should
inevitably develop a consensus within the legal community, rather than appealing to any external
reality.

3.7 Demerits of Doctrinal Research:

6
5 See S.K. Verma and Afzal Wani (eds.), Legal Research and Methodology (Indian Law Institute, New Delhi 2nd
Edition, 2001) at p. 656-657

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Several criticisms may be leveled against doctrinal or library-based methodology. For
example, it is highly theoretical and technical, uncritical, conservative, trivial and without due
consideration of the social, economic and political importance of the legal process. Second, it
must be noted that ideological research is very narrow and restricts the choice and range of
topics, which increasingly withdrew the legal profession in the greater social context. This
context includes legal and social theory, and other methodologies based in the natural and social
sciences. In the study of law, the context in which it operates and how the law links to this
context, jurisprudential methodology does not provide an appropriate framework to address
issues that arise. It assumes that the law exists in a doctrinal objective vacuum rather than within
the social framework or context. Third, it is sometimes described as trivial dogmatic research
because it is often done without due consideration of social, economic, and the political
importance of the legal process. As mentioned above, the law does not operate in a vacuum. It
works within the community and impacts on the community. There is, therefore, scope to adopt
and adapt to other methodologies used in other subjects, in order to have the functions of the law
look its most luminous.

For example, there is room for further research on increasing the efficiency of legal institutions
such as the courts. It is clear from the above criticisms, that lawyers may need more research
skills in sectarian-based libraries, in order to make their research more important to the wider
world. One of the methodologies that can be used in this regard is the social and legal method.

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CHAPTER – 4

NON DOCTRINAL RESEARCH

Non-doctrinal research, also known as socio-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 science disciplines, and to employ those disciplines in drafting
the law.

4.1 CONCEPT OF NON DOCTRINAL 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 science disciplines, and to employ those disciplines in drafting
the law. For example, in the behavioral sciences, there is a standard form of consumer contract
that contributes to the study of psychological phenomenon.
1. The tendency of consumers not to read the standard form contract,

2. The inability of consumers to evaluate the terms of the contract correctly once they do read.
And

3. 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, is how the law works out in the real
world. Legal research is experimental and valuable in detecting and explaining practices and

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procedures in legal and regulatory systems. It is also valuable in the settling disputes, and
impacts the legal phenomena of social institutions and businesses. Similarly, experimental legal
research in economics applies lega analysis, statistical inference, and economic modeling, 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 analyse the economics of legal
negligence theory.

4.2 ESSENTIAL CHARACTERISTICS OF NON-DOCTRINAL

RESEARCH

1.It tries to find out the impact of non-legal events upon the legal decision.

2. It seeks to identify and appraise the degree of variables influence the outcome .

3. It tries to find out the effect of each decision on people and society as such legal decision
making. The field of empirical research is wider and the availability of authoritative sources are
very less which involve several new techniques which are unknown to the research.

4. This type of research is conducted to assess the impact of non-legal event on legal provisions
or law making process.

5. Variables which influence the legal process play an important role.

6. Consequences of any law or principle of law on the society can be traced.

7. Co-relation between law and other non-legal fact is the outcome of this research.

4.3TOOLS FOR NON-DOCTRINAL RESEARCH

 Meetings ,Surveys, Schedule, judgement, Sampling, Participant or non-participant, Case

study.

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4.4MERITS OF NON-DOCTRINAL RESEARCH

1.Non-doctrinal research enhances lawyer’s ability to understand the implications and effects on
the society.

2. Legal researches can use social science methodologies themselves to investigate issues, or
they can collaborate with skilled researchers from other disciplines.

3. It highlights the gap between legislative goals and social reality and thereby depicts a true
picture of law-in-action.

4. It also highlights the gap in relation to the practice of law enforcers, regulators and
adjudicators and use or under-use of the law by intended beneficiaries of the law.

5.It highlights the reasons behind making the law‘symbolic’, less-effective or ineffective.

4.5. DEMERITS OF NON-DOCTRINAL RESEARCH

1. Financial support is lacking.

2. Other disciplines had shed away from the study of legal order has been shed away

3. Due to their preoccupation with their profession, the contributions of legal.

4. Legal researchers lack a tradition that enables them to strengthen the empirical.

5. Lack of training in the use of techniques of this empirical research. Most of the steps by
other disciplines academicians are very less research of research such as collection of data ,
field work, formation of hypothesis, etc. are unknown to the legal researcher.

6. There is an unfavorable and arrangement attitude towards the empirical research. The use
of qualitative measurement techniques are very difficult to understand by legal researchers.

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CHAPTER 5

Difference between Doctrinal and Non doctrinal Research

 Doctrinal research lays much emphasis upon legal principles but non-doctrinal research
lays less emphasis upon doctrines.
 In doctrinal research, researcher uses traditional source for data but non-doctrinal
research is not solely dependent on traditional or conventional sources for data.
 In doctrinal research scholar seeks to answer one or two legal propositions or questions,
on the other hand non-doctrinal research involves number of questions and large area.
 Doctrinal research is a theoretical study but non-doctrinal research involves empirical
study.
 Mostly secondary source are used in doctrinal research and primary data are used in non-
doctrinal research.
 Doctrinal research is concerned with legal propositions; on the other hand non-doctrinal
research is more concerned with social values and people.

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CHAPTER – 6

CONCLUSION

In conclusion, I 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 are
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
methodologies and they are all of equal importance for the development and understanding of the
law. What is crucial is that researchers must try and equip themselves with the necessary skills to
enable them to comfortably meet their research objectives. Undoubtedly, a well-versed scholar
will be aware of the advantages and disadvantages of any particular methodology, and will work
to obtain the benefits that result from a better quality of work. In the recent past we have seen
that doctrinal legal research has received a bolt because there has been a change in the political
philosophy of law. How, importance is given on the sociology of law where the major tools of a
legal researcher is sociological or empirical data. Sociology of law tries to investigate
through empirical data how the law and legal institutions affect human attitudes and what impact
it creates on the society. It will add to the value of the researcher if he gets an opportunity to test
his ideas through sociological data. 1owever it is wrong to undermine doctrinal research since
it revolves merely around statutory provisions, cases, legal principles and doctrines. (Critics say
that doctrinal legal research is far away from social values or social facts. But it must be
remembered that doctrinal legal research do involve social value, social policy and social utility
of law. The social values are found in the statutory materials, cases, history and in his own
idea of justice. A researcher may have several alternative solutions to a problem but he has to
adopt that one which will serve the best interests of the society. 3venif doctrinal legal research is
confined within traditional legal materials, the most meaningful questions must be asked which
the traditional tool
Often, 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. Thus, postgraduate
scholars would do well to equip themselves by using alternative research methodologies.

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BIBLIOGRAPHY

SECONDARY SOURCES

Books Used:
1. Robert K. Yin, Case Study Research - Design and Methods, Fourth edition: Published by
Sage India Pvt. Ltd.
2. , Dr. Mona Purohit, Legal Education & Research Methodology, First edition: Published by
Central Law Publications 107, Darbhanga Castle, Allahabad.

3. T. Padma , Legal Research Methodology , published by : Asia Law House, Hyderabad.

Articles Used:

 Law Research methodology qualitative and doctrinal methods in research. (e-pathshala)

 Terry Hutchinston, The doctrinal method: incorporating interdisciplinary methods in
reforming the laws.
 Salim Ibrahim Ali, Dr. Zuryati Mohamed Yusoff, Dr. Zainal Amin Ayub, Legal Research
of Doctrinal and non doctrinal, International Journal of Trend in Research and
Development, Volume 4(1)
 Mrs. Debashree Chakraborty, International journal of advances in social science, volume
no-3, issue no-1, year-2015, 23-28.

Web sources:

 http://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/law/09._research_methodol
ogy/08._qualitative_and_doctrinal_methods_in___research/et/8155_et_et.pdf

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