doctrinal and non doctrinal research-research methodology

presentation made on the research types by LLM student

1. Topic:
DoctrinalandNon-Doctrinal
ResearchMethodology.

2. INTRODUCTION:-
•Doctrinal research is defined as research into legal doctrine through
analysis of statutory provisions and cases by the application of the
power of reasoning.WhileNon-Doctrinal legal research is defined as
research into the relationship of law with other behaviour sciences.
•Non-doctrinal research often involves the use of social science
research methods such as surveys, experiments and case studies to
investigate a particular phenomenon.Thistype of research is often
use in disciplines such as sociology,psychologyand political scienc.
•The research basically means searching for something again and again
until we reach and an unequivocalconclusion.

3. MeaningOfDoctrinalResearch:-
•A doctrinal research means a research that has been carried out on a
legal preposition by way of analysing the existing statutory provisions
and cases by applying the reasoning power.
•Doctrinal research has a root word “doctrine” which means a
principle or a basic governing tenet.Thatmeans,thelegal doctrine
would include legal principles and tenets thatwouldgovern the legal
world.Therefore,iimplies that doctrinal legal research would involve
digging deeper into the legal principles and concept from various
sources like cases,statutes, precidentsand other to analysis them and
reach valid conclusions.

4. PurposeOfDoctrinalResearch:-
•One of the main purpose of conducting doctrinal research is solving
the legal problems of bringing law.
•They may have to go through all the existing laws in this field,previous
case laws,precidents, international trends,legalcommentaries,
articles by scholars and other sources of information.
•It can be utilized for several other purposes as well like to help
lawmaker develop meaningful and effective laws, develop fresh legal
doctrines,aidcourts in reaching effective and legally accurate
judgements help lawyers to interpret statutes and prepare their suits.

5. MethodologyOfDoctrinalResearch:-
It involves several steps:-
•Identification of the research problem.
•Collection Of legal sources.
•Evaluation of legal sources.
•Analysis of legal sources.
•Synthesis of legal principles.
•Application of legal principles.

6. MeritsOfDoctrinalResearch:-
1-Clarity.
2-Time efficient.
3-Cost efficient.
4-Foundation for further research.
5-Professional development.

7. DemeritsOfDoctrinalResearch:-
•Limited scope.
•Bias.
•Lack of empirical evidence.
•Difficulty in predicting outcomes.
•Limited applicability.
•Limited originality.

8. MeaningOfNon-DoctrinalResearch:-
•Nondoctrinelresearchalsoknownassociallegalresearchisaresearch
thatemploysmethodstakenfromotherdisciplinestogenerateempirical
datathatanswerresearchquestions.
•Nondoctrinelresearchtakesamultidisciplinaryapproachtowardslegal
Researchitemploysmethodsandinformationavailablefromother
disciplinestomakeacomprehensiveapproachtowardslaw.
•Itemploysprimarysourcesoflegalinformationtoreachaconclusion.
•Primarysourcesmeincludeobservations,experiments,surveysetc.Withthe
helpofthesources,weanalysethepracticalaspectsoflawliketheeffectof
itsimplementationinnonlegalfieldsandsocietyasa whole.

9. PurposeOfNon-DoctrinalResearch:-
•The purpose of non doctrinal research is to check the utility of a law
that has been brought or how it impacts the non legal aspects of
society.Also, non legal factors affect the implementation of law.
•It relies on observation more than theory because under different
circumstances theory remain the same but its practical application
changes and it is important to keep a track of these changes to keep
the law updated and effective.

10. MethodologyOfNon-DoctrinalResearch:-
•Identificationofresearchproblem.
•Collectionofdata.
•Classificationofdata.
•Analysisofdata.
•Findings.
•Conclusions.

11. MeritsOfNon-DoctrinalResearch:-
•It highlights the gaps between legislative goals and social reality and
theirby depict a true picture of that law in action.
•It provides an expert advise and give significant feedback to the
policy makers,legislature and judges for better formulation,
enforcement and interpretation of the law.
•It assesses role and contribution of law in bringing the intended
social consequences.

12. Demerits Of Non-Doctrinal Research:-
•Timeconsumingandcostly.
•Needofstrongbaseofdoctrinalresearch.
•Specialtrainingrequired.
•Resultsarenotinstant.
•Lackofadequatefinancialsupportandpersonalissues.Thelaw
studentslack atraditionsustainingnondoctrinalresearch.

13. Conclusion:-
Bothformof legal research have there own share of advantages and
disadvantages.This means that none of them is infallible or complete in
itself.One is rooted in theory while the other in practically.
Doctrinal Research and Non-Doctrinal Research are two different but
complementary approaches that can be used in legal research. Doctrinal
Research is focused on analysing and interpreting legal texts such as case
law and legal commentary.On the other hand,non research is focus on the
social and cultural contacts in which law operates.
Combining both approaches can lead to a more comprehensive under
standing of the law and its impact on society.