 What is Doctrinal Research?

Doctrinal research is often referred to as the traditional or theoretical approach

to legal research. The doctrinal method of research involves analysing existing legal
principles, doctrines, statutes, and case laws to develop a comprehensive
understanding of a legal issue. This approach focuses on interpreting the “black
letter” law—analysing how statutes, regulations, and judicial decisions establish
legal doctrines and rules.
The term “doctrinal research” is rooted in the word “doctrine,” which refers to
established legal principles or theories. In doctrinal research in law, researchers
examine legal texts, judgements, and scholarly articles to organise, interpret, and
critique the body of law on a given topic. This method is commonly used to clarify
legal meanings, provide an understanding of established rules, and offer
interpretations that can guide courts, lawyers, and lawmakers.

Characteristics of Doctrinal Research

Doctrinal research has several key characteristics that define its scope and purpose:
1. Library-Based: Doctrinal research relies heavily on secondary sources, such as
legal texts, law reviews, case summaries, and statutes. This research is generally
done in libraries or online, utilising existing written resources.
2. Theoretical Focus: The doctrinal method of research is focused on analysing
legal theories rather than real-world observations or practical applications. It
seeks to understand the theoretical underpinnings of legal rules and doctrines.
3. Analysis of Legal Concepts: It involves the systematic study of specific legal
principles, arranging and categorising legal information to find consistent
interpretations and solutions to legal questions.
4. Normative Character: Doctrinal research also has a normative nature, focusing
on what the law is rather than how it affects society. It aims to maintain the
coherence of legal rules and preserve consistency in legal interpretations.
5. Precedent-Based: This research often relies on case law and judicial precedents
to support its conclusions, helping to maintain continuity within the legal system.

Doctrinal Research Methodology

The doctrinal research methodology includes several steps that help researchers
systematically examine legal principles:
1. Identifying the Research Problem: The first step is to define the research
problem or question, such as exploring the interpretation of a legal principle or
understanding a specific legal doctrine.
2. Collecting Legal Sources: Doctrinal research involves gathering legal texts,
statutes, judicial opinions, and secondary sources, such as legal journals and
commentaries. The primary focus is on finding relevant legal resources.
3. Analysing Legal Texts: Once the sources are collected, researchers analyse these
texts to interpret the meaning, scope, and implications of the legal rules and
doctrines.
4. Synthesising Legal Principles: The information collected is then synthesised to
develop a coherent understanding of the law. Researchers look for patterns,
similarities, and differences within legal concepts.
5. Arriving at a Conclusion: The final step in doctrinal research is to reach a
conclusion or offer a new interpretation based on the analysis. This step may
involve proposing amendments to legal doctrines or suggesting new frameworks.

Purpose and Benefits of Doctrinal Research

The doctrinal method serves several key purposes in the legal field:
 Interpretation and Clarification: It helps in interpreting existing laws and
statutes, offering clarity to complex legal principles.
 Guidance for Legal Decision-Making: Doctrinal research is beneficial for legal
practitioners, as it provides guidance on applying legal rules in real cases.
 Consistency and Predictability: By relying on precedents and established
doctrines, doctrinal research maintains consistency within the legal system.
 Foundation for Further Research: Doctrinal research lays the groundwork for
future studies and serves as a reference point for other types of research.
Examples of Doctrinal Research in Law
Doctrinal research can be used in various ways:
 Analysing a Legal Doctrine: For instance, studying the “rule of law” doctrine by
analysing relevant cases and statutory interpretations.
 Examining Case Law: Analysing a series of court judgements to understand the
evolution of a specific legal principle.
 Evaluating Statutory Provisions: Reviewing statutory provisions to assess their
implications, like studying laws on environmental protection and their application
in court cases.

 What is Non-Doctrinal Legal Research?

Unlike doctrinal research, non-doctrinal legal research (or empirical research)
focuses on the real-world impact of laws and legal policies on society. Non-
doctrinal research in law goes beyond the text and analyses how legal principles
work in practical settings. This approach often involves collecting primary data
through surveys, interviews, and observations, enabling researchers to assess the
social, economic, and cultural implications of legal rules.
This research methodology is valuable for understanding the effectiveness of laws,
discovering gaps in existing policies, and providing feedback to lawmakers. It’s also
known as socio-legal research because it investigates the social effects of legal
issues and examines how legal systems and laws function in everyday life.
 Characteristics of Non-Doctrinal Research
Non-doctrinal research is defined by the following characteristics:
1. Field-Based: Non-doctrinal research relies on primary data collection, such as
surveys and interviews, making it field-oriented.
2. Practical Orientation: This research is aimed at understanding how laws affect
individuals, communities, and societies.
3. Focus on Real-World Issues: Unlike doctrinal research, it considers the social,
political, and economic implications of legal rules, exploring the intersection of
law and society.
4. Interdisciplinary Approach: Non-doctrinal research often involves knowledge
from other fields, such as sociology, psychology, and political science, to provide
a holistic understanding of the law.

Non-Doctrinal Research Methodology

The non-doctrinal research methodology involves several steps, from
identifying a real-world legal issue to analysing primary data:
1. Defining the Research Question: Non-doctrinal research starts with identifying
a research problem that requires practical insight, such as investigating the
societal impact of criminal justice reforms.
2. Data Collection: Data is collected through surveys, interviews, case studies, and
direct observation, providing first-hand information on how legal issues affect
people.
3. Data Classification: Once the data is collected, it is classified into categories for
easy analysis, ensuring the research is organised.
4. Data Analysis: The information gathered is analysed to understand patterns,
behaviours, or attitudes. For instance, researchers might analyse survey results on
public opinions about specific laws.
5. Drawing Conclusions: The findings of the research are used to address the
research question and propose reforms or policy suggestions.

Purpose and Benefits of Non-Doctrinal Research

Non-doctrinal legal research has numerous purposes and advantages:
 Understanding Social Impact: This research method assesses the social
consequences of laws, examining how they influence behaviour.
 Policy Development: The insights from non-doctrinal research can help
lawmakers draft laws that better meet societal needs.
 Addressing Practical Problems: Non-doctrinal research provides solutions to
legal problems that arise in real-life scenarios.
 Adapting Laws to Society: It ensures that laws are effective and adaptable by
evaluating their impact and relevance in the community.
Examples of Non-Doctrinal Legal Research
 Non-doctrinal research is commonly applied in various practical scenarios:
 Studying the Impact of Legal Reforms: For example, researching the
effectiveness of recent reforms in domestic violence laws.
 Evaluating Community Perceptions of Law: Conducting surveys to understand
public opinions about the criminal justice system.
 Investigating Human Rights Violations: Using interviews and field studies to
assess the effects of human rights laws in specific regions.

 Explanatory Research
Explanatory research is a type of study that tries to understand how and why things
happen. It looks at the relationship between different factors, aiming to find out what
causes something to happen or how one thing affects another. For example, it might
explore how pollution (cause) leads to an increase in respiratory diseases (effect).

This kind of research usually uses quantitative methods, like surveys, experiments,
or statistical tests, to measure and understand these relationships in a clear way.
Researchers collect data to see if one thing truly causes another.

Explanatory research often comes after exploratory research, which is done first
to explore the topic and get a basic understanding. Once the basic ideas are clear,
explanatory research dives deeper to test specific ideas and explain the cause-and-
effect links.

For instance, a study might test the idea, "Does regular exercise reduce stress?" The
goal here is to find out if exercise (the cause) really leads to less stress (the effect).

Characteristics of Explanatory Research:

1. Focus on Cause and Effect: The main goal is to explain how one thing causes
another. It answers questions like "Why does this happen?" and "How does
this happen?" For example, it might explore how increased screen time
(cause) leads to poor sleep (effect).
2. Hypothesis Testing: Explanatory research often starts with a theory or
assumption, and then tests it using data. Researchers make predictions
(hypotheses) and check if the data supports those ideas.
3. Quantitative Methods: This research often uses numbers and data to
explain relationships. It might include methods like surveys, experiments, or
statistical analysis, where data is collected and analyzed in a structured way.
4. Structured Approach: Explanatory research follows a clear plan. It is
carefully designed with specific questions or goals in mind, making it more
organized and focused.
 5. Larger Sample Size: Because it uses quantitative methods, explanatory
research usually involves a larger group of people or cases to make sure the
results are reliable and can be trusted.
6. Generalization: The goal is to take the results and apply them to a larger
population. The findings are meant to be useful and relevant in real-world
situations, beyond just the group being studied.

Merits of Explanatory Research:

1. Establishes Cause and Effect: One of the main benefits is that it helps show
how one thing causes another. For example, it can prove that smoking
(cause) leads to lung cancer (effect). This is important for making informed
decisions, such as health policies.
2. Scientific Validity: Explanatory research is scientifically reliable. Since it
uses a structured approach and tests hypotheses, its results are trusted and can
be applied to a wider population.
3. Predicts Future Outcomes: Understanding how things are connected allows
researchers to predict what might happen in the future. For example, if we
know that a certain policy boosts the economy, we can predict the impact of
similar policies in the future.
4. Clear and Precise Results: Explanatory research produces clear,
measurable results. The conclusions are based on facts and data, making
them easy to understand and act on.
5. Supports Theory Development: This type of research helps build or
improve theories. By testing ideas and seeing if they hold true, explanatory
research adds new knowledge to the field, either confirming or challenging
existing theories.

In simple terms, explanatory research is focused on understanding why and how

things happen, and it does this by testing ideas with data and analyzing cause-and-
effect relationships. It is useful for making predictions, creating policies, and adding
to existing knowledge.

 Exploratory Research
Exploratory research is conducted when a topic is new or not well understood, and
there are no clear research questions yet. It’s all about discovering and exploring.
The main goal is to learn more about a topic, identify patterns, and generate ideas.
For example, if there isn’t much information about how online learning affects
students, exploratory research would gather general observations to start
understanding the issue.
This type of research often uses qualitative methods like interviews, focus groups,
or observations. These methods are flexible and allow researchers to gather in-
depth insights and ideas from people, rather than testing specific hypotheses. It’s
about learning more and discovering what might be important to explore further.
Exploratory research usually comes before explanatory research, helping to shape
the questions and ideas for the next phase of study. For example, if someone wants
to understand how social media affects teenage mental health but doesn’t have
clear questions yet, exploratory research might involve talking to teenagers,
reading articles, and observing social media use to find patterns or issues. This
helps guide more focused research later on.
Characteristics of Exploratory Research:
1. Focus on Discovery: The main goal of exploratory research is to explore new
topics or phenomena where little is known. It helps uncover new patterns,
ideas, or questions that can lead to further research.
2. Flexible and Open-Ended: This type of research is flexible. Researchers don’t
start with fixed ideas or questions. Instead, they let the research process
unfold naturally and discover new insights along the way.
3. Qualitative Methods: Exploratory research usually uses qualitative methods
like interviews, focus groups, or observations. These methods help gather
detailed, in-depth information about a topic, giving researchers a deeper
understanding.
4. Small Sample Sizes: Because the goal is to explore and understand,
exploratory research often uses smaller groups of people or cases. This is
different from studies that aim to generalize to a large population.
5. Non-Structured: Exploratory research is less structured. It’s not driven by
strict rules or predetermined questions. Instead, it’s more about keeping an
open mind and letting the research evolve.
6. Focus on Understanding: This type of research helps researchers understand
the background or context of a topic. This understanding can then form the
foundation for more specific research questions later on.

Merits of Exploratory Research:

1. Identifies New Areas of Study: One of the biggest advantages of exploratory
research is that it can reveal new areas or topics that haven’t been studied
much before. It can provide the starting point for more detailed research
later.
 2. Generates Hypotheses: While exploratory research doesn’t test ideas
directly, it helps come up with hypotheses (predictions) that can be tested
in future studies. It lays the groundwork for future research questions.
3. Flexibility: The open-ended nature of exploratory research allows
researchers to adapt as they go. They can explore different angles and adjust
the research if they discover something unexpected.
4. Rich, In-Depth Insights: By using methods like interviews or focus groups,
exploratory research gathers personal, detailed insights that you can’t easily
get from surveys or numbers. It helps researchers understand people’s
thoughts, feelings, and experiences.
5. Cost-Effective: Since exploratory research usually uses smaller samples and
qualitative methods, it is often less expensive than large-scale studies. This
makes it a cost-effective way to get started on a topic.
6. Addresses New or Emerging Topics: Exploratory research is especially useful
for studying new or emerging issues—things that are just starting to gain
attention. It’s often used to look into new technologies, social trends, or any
topic where there isn’t much existing knowledge.

In simple terms, exploratory research is about discovering and understanding a

topic before diving deeper into more specific questions. It’s flexible, uses in-depth
methods like interviews, and often helps identify new areas for further research.