BASIC RESEARCH

METHODS
Presented by-
Priy a nshi Sha rma
L L . M. IInd SemesterRo ll no. - 23150324005
Doctrinal Research
Introduction

◦ The legal field relies heavily on research to understand and apply the law
effectively. Doctrinal research is a fundamental method that delves into existing
legal materials to analyze and interpret legal principles, doctrines, and concepts.
This content explores the core aspects of doctrinal research, equipping you with a
solid understanding of this crucial research methodology.
Doctrinal Research
Doctrinal research is a library-based approach that focuses on analyzing secondary
sources of law. These sources include:
• Statutes and legislation
• Case law (judicial opinions)
• Legal treatises and scholarly articles
• Regulations and administrative decisions
Through rigorous analysis of these sources, doctrinal research aims to:
• Extract legal principles and doctrines
• Understand the historical development of legal concepts
• Interpret the current application of legal principles
• Identify potential inconsistencies or ambiguities in the law
History of Doctrinal research
Doctrinal research has a long history, dating back to ancient civilizations. Early legal scholars relied on
commentaries to preserve and transmit legal knowledge. Roman law further emphasized doctrinal
research, with its focus on logic and precedent. Doctrinal research remained important throughout the
Middle Ages and the common law era. The printing press facilitated the spread of legal knowledge.
Today, legal databases make research even easier, but the core principles remain the same.pen_spark
Methadology
◦ Doctrinal research follows a structured approach that ensures a
comprehensive and insightful analysis. Here's a breakdown of the key steps:
◦ Identification of Research Problem: The initial step involves defining a specific legal question or issue you
want to explore.
◦ Collection of Legal Sources: Once the research question is defined, you need to gather relevant legal
materials such as statutes, case law, and scholarly articles. Legal databases and libraries are valuable
resources for this stage.
◦ Evaluation of Legal Sources: Not all legal sources are created equal. This step involves assessing the
credibility, authority, and relevance of each source to your research question.
◦ Analysis of Legal Sources: This is where the critical thinking begins. You need to analyze the legal sources
in detail, identifying key legal principles, judicial reasoning, and potential arguments.
◦ Synthesis of Legal Principles: After analyzing individual sources, you need to synthesize the information to
develop a cohesive understanding of the relevant legal landscape.
Normative Character of Doctrinal
research

Doctrinal research often plays a normative role. It not only describes the law
but can also be used to advocate for a particular interpretation of the law or
to identify areas where legal reform might be necessary. Additionally,
doctrinal research can help shape future legal developments by influencing
legal scholarship and judicial decisions.
Purpose of Doctrinal Research
Doctrinal research serves several crucial purposes within the legal
field:
◦ Understanding Current Law: It provides a clear understanding of how the law currently operates in a
specific area.
◦ Identifying Legal Arguments: This research helps identify strong legal arguments to be used in
litigation or legal advice.
◦ Supporting Legal Practice: Doctrinal research forms the foundation for effective legal practice by
ensuring a solid grasp of legal principles.
◦ Identifying Trends and Developments: By analyzing legal precedents, doctrinal research can help
identify emerging trends and developments in the law.
Merits of Doctrinal Research
Doctrinal research offers several advantages for legal researchers:

• Clarity: It provides a clear and concise framework for understanding complex legal concepts.
• Cost Effective: This research method relies on readily available resources, making it a cost-
effective approach.
• Time Efficient: Compared to other research methods, doctrinal research can be conducted
relatively quickly.
• Foundation for Further Research: It lays a strong foundation for further research endeavors in
law.
• Professional Development: Engaging in doctrinal research hones critical thinking, analytical, and
legal reasoning skills, promoting professional development.
Demerits of Doctrinal Research
◦ While valuable, doctrinal research does have some limitations:
◦ Limited Scope: It primarily focuses on existing legal materials, potentially neglecting the social,
political, and economic context of thelaw.
◦ Bias: The researcher's own biases can influence the selection and interpretation of legal sources.
◦ Lack of Empirical Evidence: Doctrinal research may not provide empirical evidence to support legal
arguments.
◦ Difficulty in Predicting Outcomes: This method may not always be effective in predicting the
outcome of future legal cases.
◦ Limited Applicability: Doctrinal research might not be suitable for all legal issues, especially those
requiring empirical data or a broader social context.
◦ Limited Originality: Due to its reliance on existing sources, doctrinal research may offer limited
originality in its findings.
Differences Between Doctrinal and
Non-Doctrinal Research
◦ Doctrinal research takes a theoretical and legalistic perspective. It prioritizes legal reasoning and
analysis of legal materials to arrive at a deep understanding of legal principles and doctrines. In
contrast, non-doctrinal research adopts a practical and interdisciplinary perspective. It looks beyond
legal texts to examine the law within its social context, incorporating insights from sociology,
economics, psychology, and other relevant disciplines. This broader approach helps researchers
understand how the law functions in the real world and the impact it has on society.
Feature Doctrinal research Non-Doctrinal
research
Focus Analysis of legal materials (statutes,
case law, legal treatises)
Social, political, economic context of
law, and its impact on society

Methadology Analysis of secondary sources Interviews, surveys, experiments,

observations, data analysis

Purpose Understand current law, identify legal

arguments, predict potential legal
Understand the impact and
effectiveness of law, identify areas for
outcomes legal reform

Interdisciplinary Approach Limited Often incorporates other disciplines

like sociology, economics, and
psychology

Perspective Theoretical and legalistic Practical and interdisciplinary

Scope Narrow - focuses on specific legal

issues and interpretations
Broad - considers the law within its
social context and its real-world
implications
CONCLUSION

Doctrinal and non-doctrinal research methods serve as two powerful tools for understanding the law. Doctrinal research
provides a solid foundation, equipping legal researchers with a clear grasp of legal principles, historical precedents, and
established arguments. By meticulously analyzing legal materials, researchers can navigate the intricate web of statutes,
cases, and scholarly works, ultimately developing a strong understanding of how the law currently operates. This knowledge
is essential for legal practice, allowing lawyers to construct compelling arguments, advise clients effectively, and anticipate
potential legal outcomes.
On the other hand, non-doctrinal research delves deeper, exploring the law's impact on society and its effectiveness in
achieving its intended goals. Through interdisciplinary approaches that incorporate elements of sociology, economics, and
psychology, researchers gain valuable insights into the social, political, and economic context that shapes the law. Interviews,
surveys, and data analysis tools shed light on the real-world implications of legal doctrines, potentially revealing gaps or
inefficiencies that may necessitate legal reform.
Ultimately, the most effective legal research strategy often employs a combination of both doctrinal and non-doctrinal
methods. By leveraging the strengths of each approach, researchers gain a comprehensive perspective on the law. Doctrinal
research provides the theoretical framework, while non-doctrinal research helps bridge the gap between theory and practice,
revealing the law's true impact on the lives of individuals and society as a whole. This holistic understanding equips legal
professionals, policymakers, and academics to tackle complex legal issues with greater depth and nuance, paving the way for
a more just and equitable legal system.
Thank you!