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Munal Legal Research

This document outlines a doctrinal approach to legal research. It defines doctrinal research as research focused on legal propositions and doctrines using sources like legal decisions and appellate court rulings. The document discusses characteristics of doctrinal research such as its reliance on existing legal theory and focus on what legal doctrines state rather than their impacts. It notes advantages like providing background for scholarship and guidance for legal decisions, and disadvantages like overemphasis on court rulings and neglect of social factors.

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Md. Sarfe Alam
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85 views5 pages

Munal Legal Research

This document outlines a doctrinal approach to legal research. It defines doctrinal research as research focused on legal propositions and doctrines using sources like legal decisions and appellate court rulings. The document discusses characteristics of doctrinal research such as its reliance on existing legal theory and focus on what legal doctrines state rather than their impacts. It notes advantages like providing background for scholarship and guidance for legal decisions, and disadvantages like overemphasis on court rulings and neglect of social factors.

Uploaded by

Md. Sarfe Alam
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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A Term Paper in the subject of Legal Research

On the topic of
Doctrinal Approach to Legal Research

Submitted By: Submitted to:


Munal prasad Neupane Prof. Dr. Suresh kumar Dhungana
Third semester(B.A.LL.B) Nepal Law Campus
Nepal Law Campus Pradarshani Marg, Kathmandu
Table of Content

1. Meaning and definition of doctrinal research


2. Characteristics of doctrinal research
3. Advantage of doctrinal research
4. Disadvantage of doctrinal research
5. Conclusion
6. Bibliography
1. Meaning and definition of doctrinal research:
Law is a normative science that is a science which lays down norms and
standards for human behavior in a specific situation or situations enforceable
through the sanction of the state. What distinguishes law from other social
sciences (and law is a social science on account of the simple fact that it
regulates human conduct and relationship} is its normative character. This fact
along with the fact that stability and certainty of law are desirable goals and
social values to be persuade, make doctrinal research to be a primary concern to
a legal researcher. A doctrinal research means a research that has been carried
out on legal proposition. It is concerned with legal propositions, and doctrines.
The sources of data are legal and appellate court decisions. Its scope is narrow
and concerned with document not with first hand data. The field work is not
needed and library reference is enough. It is traditional and non- empirical
research.
2. Characteristics of doctrinal research:

 The study is mainly based on propositions.


 The sources of data for a doctrinal researcher are the reports of Appellate
courts and conventional legal theory.
 It is concerned with what the particular doctrine of law saysand not as
what made the authority to say so or what has been the impact or that say.
 Methodology of legal research denotes the exposition, description or
explanation and justification of methods used in conducting research in
the discipline of law (Agrawal,1973).
 Methodology of doctrinal research or library based research is the most
common methodology employed by those undertaking research in law.
 it asks what the law is on a particular issue.
 Its concerned with analysis of the legal research and how it has been
developed and applied.

3. Advantage of doctrinal research:

 A doctrinal research has so many name, pure legal research, academic


research, library research, traditional research, conventional research, arm
chair research, non – empirical research.
 It provides sound background for outstanding scholarship and helps in
smooth functioning of the legal system of the society.
 It provides lawyer, judges and other researcher with the tools needed to
reach decisions on immense variety of problems within a limited time
frame.
 When the questions arise as to what course, the law should follow the
doctrinal research may provide appropriate guidance and informative
value.
 It is more flexible in character and hence it can be stretched to any extent
to make it workable.

4. Disadvantage of doctrinal research:

 It has over emphasis on Appellate court decisions.


 The inefficiency of the researcher to distinguish clearly whether and when
he indents to describe past legal behavior or to predict further legal
behavior can be seen.
 Lack of basic conception of legal research is for this defect.
 Law is means to control social behavior, law reflects the social values and
norms, social facts, social policy, etc. Doctrinal research neglects such
kinds of social facts and depends on the doctrinal sources.
 The language of the law is difficult to understand and to interpret. If the
researcher is not familiar with the rule of construction and interpretation
his proposition may often wrong massage.
 Maximum emphasis on court decisions.

5. Conclusion
In conclusion, doctrinal research plays a pivotal role in the field of law and other
academic disciplines, offering valuable insights into legal principles, statutes, and
precedents. Through an exhaustive examination of existing legal literature and
sources, doctrinal research provides a foundation for understanding and
interpreting the law. It enables scholars, practitioners, and policymakers to analyze
and evaluate legal doctrines, identify gaps or inconsistencies in legal frameworks,
and propose reforms or improvements.
6. Bibliography
 Sanad Devkota, Khadindra Raj Katuwal & Manish Kumar Shrestha, LEGAL RESEARCH
METHODOLOGY (Pairavi Prakashan 2019).

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