International Journal of Management, Technology, and Social SRINIVAS

Sciences (IJMTS), ISSN: 2581-6012, Vol. 4, No. 2, December 2019. PUBLICATION

Legal Research- Descriptive Analysis on

Doctrinal Methodology

Pradeep M. D.
Research Scholar, School of Law, Alliance University, Bengaluru, Karnataka & Assistant
Professor, School of Social Sciences and Humanities, Srinivas University, Karnataka, India
Email: [email protected]

Area/Section: Socio-legal Research.

Type of the Paper: Research Paper.
Type of Review: Peer Reviewed as per |C|O|P|E| guidance.
Indexed in: OpenAIRE.
DOI: http://doi.org/10.5281/zenodo.
Google Scholar Citation: IJMTS.

How to Cite this Paper:

Pradeep, M. D. (2019). Legal Research- Descriptive Analysis on Doctrinal Methodology.
International Journal of Management, Technology, and Social Sciences (IJMTS), 4(2), 95-103.
DOI: http://doi.org/10.5281/zenodo.

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

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 International Journal of Management, Technology, and Social SRINIVAS
Sciences (IJMTS), ISSN: 2581-6012, Vol. 4, No. 2, December 2019. PUBLICATION

Legal Research- Descriptive Analysis on Doctrinal

Methodology

Pradeep M. D.
Research Scholar, School of Law, Alliance University, Bengaluru, Karnataka & Assistant
Professor, School of Social Sciences and Humanities, Srinivas University, Karnataka, India
Email: [email protected]

ABSTRACT
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.
Keywords: Knowledge, Socio-legal Research, Doctrinal and Non Doctrinal, Scientific Enquiry.
1. INTRODUCTION : degree of formality, rigorousness, verifiability
and general validity [2]. The objective of the
Research is considered to be the structured
traditional legal research was evaluative, impact
inquiry with acceptable scientific methodology to
analysis or projective. Those studies are
solve problems by creating knowledge which is
evaluative in its character if such study
universally acceptable [1]. Task of knowing
investigates on the origin of any law and its
anything scientifically with proper inquisition or
societal implication. For example, a search
search for facts is considered to be the research.
seeking to inquire into the social roots of freedom
Law research seem to be the investigation
of information and its regulation through law for
conducted by the researcher to find out the reason
the sake of ensuring good governance seems to be
or context behind such enactment or any
analytical type of work. If the research works
subsidiary related aspects connected to legal
with an intension to give clarity on the matter of
mechanism with universally accepted
law starts elaborating on features, significance
methodology of study. A systematic study into
and sources of law such studies are considered to
the social, political and economic facts giving
be explanatory type of research works. For
ways for the individual rules and its impact upon
instance, any research conducted to evaluate the
the society becomes fact research in law.
legal safeguards put forth by different laws upon
Scientific methodology comprises of systematic
industrial intellectual property falls within the
observation, classification and interpretation of
preview of explanatory researches. Law research
data. Normally people engage in casual enquires
aims to ensure economic system which is
in the course of their daily lives. But main
operating rather than inhibit or retarding such
difference between the day to day generalization
system. As a result of legal research, the decision
and scientific method lies upon the existing
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makers can identify ranges of alternative policy precept. Doctrine is known to be the synthesis of
choices connected to economy essential based on rules, principles, norms and values which justify
the appropriate requirements of the substantive any segment of law and presumes to be a part of
and procedural laws to regulate economic system. general law [5]. According to S.N. Jain, former
If the research work emphasizes on the Director of Indian Law Institute, New Delhi, The
determination of merits of enactment of any law Doctrinal Research performs legal way of
then such work gains the status of exploratory thinking or derive conclusions upon rational
researches. For ex, the research conducted to find observations by analysing the propositions
out the utility of Land Reform Laws. pronounced by the legal institutions on the basis
of case laws it has decided [6]. Doctrinal studies
2. SOCIO-LEGAL RESEARCH :
deal with searching unknown facts with the help
Holmes depicts law as logical facts and of review of legal materials to conclude on the
experiences which creates an approach [3]. Legal matters connected to legal system, policies, laws
research is the systematic investigation of and judgments of the judiciary without depending
problems connected to. Since law originates and on primary study from the field. Ancient Legal
functions within the society studying it in the research attempts to solve problems on the basis
isolation has no meaning. The non functionality of enacted laws since it possesses primary
of law in the social context in the nineteenth and authority imposed through the sanction
first half of the twentieth century lead for the authorized by the legal entity.
emergence of newer approach to study law by (a) Scope of Doctrinal Research: Doctrinal
socio-legal research. The aspects related to the Research is established as the traditional source
need for a new law or demand for any change in of Research in law since Law professionals were
the existing law and difficulties posed during the intensively dependent on it to derive logical
implementation can be understood only by conclusions on legal matters. Legal research
conducting socio-legal inquiry. Integration of helps to contribute outstanding research works
social and legal research is essential for creating with quality. Doctrinal studies propose identical
better administration of the society. No discipline solutions to most of the problems connected to
remains ideal with the growing complexity of law with minimum expenditure and time after
modern society. Discipline of law is also not an analysing the synthesis of well-established
exception in this regard. Each legal rule is doctrines, polices and court decisions through
concerned with its application to a factual scientific, reasonable and efficient methodology.
situation of life hence gives a way for all the Doctrinal study don not ordinarily test the
intellectual disciplines to connect with law. This hypothesis as like it is done in the Non doctrinal
distinct relationship of law with other disciplines studies [7]. Doctrinal research allows the lawyers
compels the researchers to expand their and scholars to undertake comparative study with
investigation and enquiry beyond law onto the broader abstraction over the legal problem [8].
roots of other disciplines also. The impact any Legal doctrine presents the law as a coherent net
socio-legal research highly depends on the depth of principles, rules and exceptions long the levels
of knowledge possessed by the researchers both of abstraction even though the system is coherent
in law and allied fields. Socio-legal research seek always [9]. The objectives of Doctrinal Research
to facilitate law reforms in the areas of social are specified below.
welfare [4]  Establish new legal theory, principal,
3. DOCTRINAL RESEARCH : doctrines to add resources to the domain
of legal discipline.
Basically, research is the investigation of the new  Appropriate application of legal
thing or first hand experience. The socio-legal doctrines through analyzing the
research is basically conducted in different forms authoritativeness of such laws, cases,
by way of doctrinal and non doctrinal research principles, doctrines etc.
methods. The word ‘Doctrine’ was derived from
the Latin word ‘Doctrina’ means to instruct or
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 Guiding the legal professionals in and Precedents. Legislations are the acts enacted
deriving right decisions by facilitating by both Houses of the people and State
required authoritative evidences. Legislatures respectively. The Cases decided by
 Developing Theories to explain the the Supreme Court and High Courts of the States
context of implications of substantive are vested with the power of Precedents with
and procedural laws on the society to binding force upon the lower Courts in the
improve the interpretation of law. Interpretation of Justice on similar facts and
(b) Researcher: Every professional expert such circumstances. Besides the original sources, in its
as doctors, pharmacist, physiotherapist, lawyers, absence the researchers can depend on the
engineer etc is also considered to be the Secondary Sources. However, Text Books,
researchers. In the same manner, people Commentaries on Constitution of India and
connected to legal profession such as judges, Commentaries on Law can also be referred even
advocates, academicians, scholars, journalists though its authority falls below than the original
and students are the researchers who want to sources. Therefore, the credibility of the doctrinal
know the social impact of any substantive or outcomes depends highly on the type of legal
procedural law. materials upon which the conclusions are
(c) Research Objectives: Objectives are the derived. The aim of the study is to verify
goals the researcher set to attain through the hypothesis with further enquiry, the doctrinal
study. Objectives framed for the study shall legal research attempts to verify the hypothesis
explore the significant aspects to be dealt for by a first-hand study of authoritative sources. The
scientific enquiry and establishing correlation researcher conducting doctrinal works shall equip
and associations between the concepts of law. to make the best use of authoritative legal
The Research design used by the researcher shall materials available in the libraries by adopting
be in accordance with the objectives identified to requisite research methodology.
be dealt under the legal exploration. The (f)Formulation of Hypothesis: It is a tentative
objectives framed for the study shall be very statement in the form of proposition incepted to
precise without creating any uncertainty review its acceptance or rejection [10].
connected wholly to the genesis of study. The Hypothesis is a presumed statement made by the
researcher shall elaborate the relevance of researcher with a task of either proving its
objectives connecting it to the title of the study be validity or disproving its relevance. It acts to be
emphasizing the relevance. The researcher shall the question to be addressed through the results
highlight upon the functioning of legislative of the research study. Therefore, we can derive
regime and its challenges which made him to that, hypothesis is a proposition identified to
choose the particular problem for this research. prove the happening of any phenomena as a
(d) Research Laboratory: Research in the temporary specification or as the most accepted
science discipline are usually carried within the probability based on the facts which are well
well-established laboratories, but doctrinal established. Any hypothesis needs to be featured
studies in law are possible to be conducted in the with the elements of clarity, precision, testability,
places such as libraries with sufficient law provides opportunity to study the association
materials to refer and use. Researcher can use the existing between the different variables, specific,
online sources, books, journals, magazines, law limited within the scope, simple, relate itself with
reports, bulletins, newspapers, library catalogues, facts in reality and must explain the facts that
public documents, thesis, reference books, gave rise to the need for explanation.
judicial reports, articles, websites etc. (g) Research Methodology: Methodology in
(e) Sources for the Research: The sources used research is considered to be the pedagogy opted
to conduct the doctrinal research are to derive solutions to the research problem. It is
authoritative. The original sources of legal also known to be the science behind conducting
information acts as the ‘Primary Sources any scientific research studies. Methodology
comprising the original materials on Legislations depicts about methods and procedures to be used

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according to the circumstances of the study. It  Exploration on the type of research by

also elaborates about the reason why a particular highlighting the specific nature of the
technique is used to analyze the research results. study.
It describes about the scope of research study, the
4. STEPS IN DOCTRINAL RESEARCH :
background of the research problem, basis for the
formulation of hypothesis, tool used for The doctrinal research is carried with several
collecting the data and techniques used for steps which are explained below.
analyzing the data [11]. Doctrinal Research (a) Assembling Facts, Legal Issues for Study:
develops legal proposition in order to testing it In Doctrinal Research problem for research can
based on the authoritative sources including case be possible by assembling relevant facts on the
laws, precedents of Supreme and High Courts, topic related to law. The researcher should
prior studies, reports, academic writings identify the legal issues connected to the chosen
(h) Research Design: Research design is a plan area. Reasoning shall be done to scrutinize the
of the proposed research work. It is also connected issues for searching the laws involved
considered to be the blue print of research in it. Formulating research problem is the first
providing information on future courses of step in the research process. The researcher
action, processes and techniques adopted to solve should know the problem in order to solve such
the researchable question. It is the complete problem. It can be said that a large part of the
course of action planned under the research problem lies in knowing what the researcher is
schedule. Research Design provides information trying to do [13]. The researcher shall follow
on different tasks of the researcher since from different rigid phases to formulate a feasible
identifying the hypotheses to analysis of data in research problem for which it is essentially
order to derive conclusion [12]. Basically, required to develop required level of knowledge
descriptive and exploratory research designs are on the area of study.
usually used in doctrinal researches. The research (b) Literature Review: Searching for relevant
design provides information on the following literature extensively seems to be in consistent
aspects. throughout the study where it starts even before
 The area of the research and the choosing the research problem and continues
relevance of primary or secondary data. throughout the research extending its reach until
 Rationality and Significance of the study. the process of reporting of research outcome. The
 Appropriate sources identified by the research fraternity has felt the existence of
researcher along with reason to support ‘paradox’ connected to research problem and
such selection. literature review as ‘extensive literature review
 The study population after specifying the highly depends on the research problem
limits in clear terms based on both identified for the scientific enquiry whereas
inclusion and exclusion criteria. formulating such research problem highly
 The approximate duration of time depends on the extensive quality literature’.
essentially required to complete the full- Literature review gives more precision to the
fledged study. research methodology by building knowledge
 The quantity of legal material including base for the research problem identified.
case laws, laws, policies, commentaries Reviewing the literature connects the body of
etc. knowledge under which study is opted with the
expected research outcome aspired through the
 The tool used to collect data which is
more relevant. scientific study [14]. It is also considered to be the
process of searching for available information in
 The methodology used for data analysis
the area of study in order to conclude the
and interpretation.
theoretical base to derive concrete foundation to
 Financial base of the research specifying
establish the conceptual clarity. Exploration on
the total expenditure, aid or sponsorships
the relevant literature is established by referring
etc.

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to the published works on the relevant concepts by highlighting the impact of law on the social
in the reputed journals and books by the eminent system. The analysis will be carried in the
authors. Additional sources of information following two ways
depicting data on primary authority of law (i) Comprehensive Analysis on Case Laws:
includes Cases, Statutes and Regulations etc. and Rules and principles both expressed and relied
Secondary Authority including Books, Treaties, upon by the juries in the course of pronouncing
Card Catalogue, Nutshells, Handbooks, the judicial decisions. The judgments pronounced
Encyclopedia, Treatise, Everything about that by the apex courts including high courts and
particular field of law and Law supreme courts gains the authority of ‘Precedent’
Reviews/Periodicals etc. Secondary source leads to be followed by the lower courts within the legal
the researcher towards the primary sources which regime of India. The well-established ‘Doctrine
will help to interprets general sense of law, of Precedent’ proposes that specific grounds upon
background, statutes and cases. The process of which juries have come to the consensus to
review on the above-mentioned sources will decide upon the case shall hold the power of
enrich the familiarity of the researcher on the area precedent rather upon any other interpretations
of study. The way of formulation of a problem made in such due course. In an appeal cases, the
determines the type of study design, the search reason provided in the judgment of the lower
instruments could be used, the type of analysis court shall become the subject matter for
that could be used. The following steps can be research. Case Law Analysis identifies the prime
followed to finalize the research problem. Firstly, aspects in the judgment considering the history,
identify the broad field or subject area of interest facts and circumstances of the case in the light of
for the researcher. Secondly, dissert the broad arguments for and against delivered in the court
area into subareas. Finally, raise the research of law, critical examination of the majority and
questions on what is to be found out? The review minority views on the case and final conclusion
shall be carried through the legal textbooks, as to the right [15].
policy papers, law reports, legislations, journal (ii) Analysis over the Legal Theory: The
articles, magazines, law reviews, bulletins etc. intention of a theory is to summarize existing
There are many government and semi- knowledge to provide an explanation on the
government organizations collecting data on a observed events by exposing the relations
regular basis and publishing in the form of reports embodied in the conceptual framework. John
and forecasts with statistics about Census, Public Galtung conceives theory as a set of hypotheses
Affairs, Health, Employment, Economic structured by the relation of implication of
Forecasts and Demography etc. These sources deductibility. Doctrinal Research helps to initiate
can be used as primary sources since it is recasting and refocusing and clarification of
published with authority. Legal researchers are existing theories. The following roles are played
encouraged to refer to the works which are by the theories.
published in the area of study to increase  Theory provides significant guidelines
feasibility. It is advised to refer to studies for conducting research by pointing the
published in the paid online legal research areas which are likely to be fruitful by
databases having international reach including revealing the areas in which meaningful
Westlaw International, HeinOnline, LexisNexis, relationships among variables can be
JSTOR, E-Hart or refer the national level data found.
bases such as Manupatra, Indlaw, SCC Online,  Theory provides the researcher with
AIR SC & High Courts, AIR Criminal Law definite viewpoints.
Journal, Corporate Law Advisor etc.  Theory enhances the meaningfulness of
(c) Analysis: The researcher discusses on the the findings of a given study by making
problem of study by referring to the concerned it possible to perceive them as special
Statutes, Case Laws, Court Decisions etc. This cases of the operation.
part will discuss every dimensions of the problem

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 Theory provides more general or abstract (ii)Law Review Article:(a) Author, (b) Title
statements of relationships rather (Italic), (c) Volume, (d) Name (Abbreviated), (e)
depicted the isolated bits of empirical Page Number (f) Year of Publication.
information. (iii)Newspaper Article:(a) Author, (b) Title
(d) Conclusion and Suggestions: It also quotes (Italic), (c) Publication (Capital), (d) Date& Page.
proper suggestions for the improvement of the (iv) Case Laws: (a) Name of the Parties (Italic),
Legal System for the Social Welfare. It opens (b) Volume, (c) Page Number, (d) Year.
new avenues for further research. The general (v) Internet Document:(a) Author, (b) Title
comment on the significance of a piece of (Italic), (c) Date of Publication (Bracket), (d)
research and the location of the research work in URL.
the general body of knowledge will be attempted 5. ANALYIS AND DISCUSSION :
here. The study conclusion will give
completeness and positive gains to the research (a) Limitations of Doctrinal Research: The
work. scientific enquiries have not protected legal
(e) Research Reporting: The information scholars from the limitations inherent with the
collected through library research has to be legal research methodology [17]. This study
presented in an organized and structured way. depicts even that, doctrinal research is not free
The research report shall contain the following from limitations which amplifies efforts to
chapters. The research report shall consist of establish new trend by the legal research
preliminaries, main text and the reference fraternity. The credibility of the doctrinal
materials. The Preliminary comprises of title research depends on the availability of literature.
page, certificates, acknowledgement, preface and Any lack by the researcher in his effort to collect
table of contents. The Main text comprises of the most relevant literature both from primary and
chapters on introduction, objectives of the study, secondary sources having authenticity turns the
methodology, main body of the report, analysis research findings to be null. Twenty first century
and discussions, findings, suggestions and is the era of interdisciplinary researches where
conclusions. The reference materials consist of studies are about the impact of law over other
bibliography and appendixes. Bibliography is disciplines. Theoretical outcome derived from the
where the researcher quotes all the references of doctrinal research being so conservative will not
his study. Quality research should follow expose the implications of law over social
recognized citation styles. Citation denotes system. Doctrinal Research generates research
novelty and legitimacy to the information by gap which could only be filled through
providing clarity to the sources of data. The legal conducting non doctrinal studies exploring the
researchers are required to follow any of the relationship between law and society. Doctrinal
following styles while citing the works referred methodology presumes law in isolation to be
which are prominently used such as (a) Blue operative in vacuum but in reality, law operates
Book (b) MLA and (c) ILI. within the social system. There is also abundant
All the works shall be cited to the credit of scope left for the utilization of inter-disciplinary
original author. Hence any proposition made in research methodology to derive more empirical
the research by using others work shall be cited results over the aspects of law.
with such original author who has proposed such (b) Merits of Doctrinal Research: This
content first time in order to acknowledge his research is included and taught within the formal
efforts and contribution to the knowledge curriculum of the legal training hence legal
domain. The Blue Book Mode of Citation follows researchers are well exposed to the methodology.
the following format throughout the research This type of research is mostly approved by the
[16]. law schools, law firms, practitioners and
(i) Book Published:(a) Author, (b) Title (c) Page professors etc. The research outcomes are
Number, (d) Edition, Publication & Year predictable since it relies on the established
Publication. sources of legal materials.

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(c) Distinguishing Doctrinal from Non opportunities for conducting doctrinal studies.
Doctrinal Researches: From the above Doctrinal Research with projective or predictive
discussed matters it is important to distinguish methodologies analysing the established
doctrinal research from the non doctrinal doctrines and authoritative sources to measure the
researches. These differences are drawn clearly in social acceptance, legal-social connectivity,
the table-01. impact of law over public welfare essentially
contributes in the development of effective
Table1: Doctrinal V/S Non Doctrinal Research
administration of justice which is the virtue of
Doctrinal Non Doctrinal
human life. Academic legal research should
Research Research
engage in deriving answers for the intension
Deals with Legal Deals with Social
behind enacting the law instead of searching for
Doctrines, Problems connected to
alternatives to solve the problems of the legal
Concepts, Rules, people, society,
system [20]. The research should develop skills
Principles, institutions etc.
and abilities to establish integrated doctrinal and
Doctrines etc.
socio-legal studies along countering existing
Depends on the Depends on the field limitations to derive quality research outcomes is
Law, Policies, Study adopting the the need of the day [21]. The researcher should
Conventions, tools of Interviews, decide either to use basic or applied research
Treaties & Questionnaire, methodology based on the problem identified by
Precedents and Observation etc. him and solution expected in that regard [22].
Court Decisions
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