limitations of doctrinal research

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Doctrinal and Non-Doctrinal Research

Adv Hemant More

Research is the careful and systematic investigation and consideration of study regarding a particular concern or research problem using scientific methods. Research can also be considered as the process of discovering new knowledge. This knowledge can be either the development of new concepts or the advancement of existing knowledge and theories, leading to a new understanding that was not previously known. According to the American sociologist Earl Robert Babbie, “research is a systematic inquiry to describe, explain, predict, and control the observed phenomenon. It involves inductive and deductive methods.” Inductive methods analyze an observed event, while deductive methods verify the observed event. Inductive approaches are associated with qualitative research, and deductive methods are more commonly associated with quantitative analysis. While research can be carried out by anyone and in any field, most research is usually done to broaden knowledge in the physical, biological, and social worlds. In this article we shall study doctrinal research and non-doctrinal research, their purposes, merits and demerits..

The phrase ‘systematic investigation’ represents how research is normally conducted – a hypothesis is formed, appropriate research methods are designed, data is collected and analysed, and research results are summarised into one or more ‘research conclusions’. These research conclusions are then shared with the rest of the scientific community to add to the existing knowledge and serve as evidence to form additional questions that can be investigated. It is this cyclical process that enables scientific research to make continuous progress over the years; the true purpose of research.

Legal Research:

Legal research involves systematic examination of problems relating to law within appropriate methodological framework. It deals with study of different aspects of law such as principles, theories, process, historical development, comparative status, functioning of judiciary, justice delivery, among others. The systematic investigation of problems and of matters concerned with law such as codes, acts etc. is legal research. Judges, lawyers, Law Commissions and researchers constantly do research in law. Moreover, legal researcher can even go beyond the pure legal issues to study practical problems of the outer world in relation to law. Legal research can be broadly classified as doctrinal and non-doctrinal legal research on the basis of focus of the study – whether it examines theoretical and analytical aspects of ‘law as it is’ or it observes relevant social facts interrelated with law.

Doctrinal Research:

The word ‘doctrine’ is derived from the Latin word ‘doctrina’ which means to instruct, a lesson, a percept.

According to Prof. S. N. Jain, “Doctrinal research involves analysis of case law, arranging, ordering and systematizing legal propositions and study of legal institutions through legal reasoning or rational deduction.”

Dr. S.R. Myneni has defined, “A doctrinal research means a research that has been carried out on a legal proposition or propositions by way of analysing the existing statutory provisions and cases by applying the reasoning power.”

Doctrinal research is a research methodology that focuses on analyzing and interpreting legal documents, such as statutes, case law, regulations, and treaties, in understanding legal concepts, principles, and doctrines. It has its jurisprudential root on the positive or analytical school of law. It is epistemologically oriented and will focus on case-law, statutes and other legal sources. It differs from other methodologies in that it looks at the law within itself; a pure doctrinal approach makes no attempt to look at the effect of the law or how it is applied, but instead examines law as a written body of principles which can be discerned and analysed using only legal sources. Thus, doctrinal legal research is knowledge-based research in law rather than research about law. Judges, Lawyers, academicians, all are engaged in this kind of research.

Purpose of Doctrinal Legal Research:

To construct new legal theories, principles and doctrines, to test them and add new knowledge in the legal scholarship.
To help maintain continuity, consistency and certainty of law.
To resolve day-to-day client matters as it is more manageable and outcomes are more predictable due to its focus on established sources.
To advise courts or clients about the application of legal doctrine to specific cases, transactions, or other legal events.
To critically examine the judicial opinions and in case of conflicts between the decisions of different court, to suggest the resolution to those conflicts.
To provide lawyers, judges and others with the tools needed to reach decisions on an immense variety of problems, usually with very limited time at disposal.
To develop a theory that tries to explain how law or areas of law fit together;
To conduct comparative and historical inquiries describing an earlier era or contrasting legal regime;
To expose tensions within a body of law, legal practices or institutions; and to highlight these tensions and contradictions and attempt to link them to larger psychological, social, or philosophic difficulties

Characteristics of Doctrinal Research:

The distinctive characteristics of doctrinal legal research can be listed as follows:

Doctrinal legal research is legal propositions based study.
Conventional legal theory, law, statutory materials and court decisions report are the sources for doctrinal legal research.
It studies the law as it exists and not concerned about how it should be or even do not seek public opinion about how it should be.
It is research in law not research about law.
It is distinguished from literature review, content analysis or historical legal research. And
The bulk of legal research is a product of this approach.

Methodology of Doctrinal Research:

Doctrinal research is library-based or theoretical research and is the most common methodology employed by those undertaking research in law. It is concerned with the analysis of the legal doctrine and how it was developed and applied. It consists of either simple research aimed at finding a specific statement of the law, or it is legal analysis with more complex logic and depth. The methodology of doctrinal research involves several steps:

Identification of Research Problem: This involves defining the research problem or question and clarifying the scope of the research. For example, an investigation can be conducted to find specific legislation that monitors occurrences of child abuse in a particular jurisdiction.
Collection of Legal Sources: The next step is to gather relevant legal sources such as statutes, regulations, case law, and legal treatises. This stage often involves a great deal of background reading on a subject using sources such as dictionaries, encyclopaedias, major textbooks, treatises, and journals that are accompanied by footnotes. The process of finding relevant sources in contemporary doctrinal legal research may prove to be very difficult. The growing number of (digitalized) national and international results in an almost infinite sea of information. Hence, it is therefore often impossible to oversee all possible relevant sources related to a specific legal problem.
Evaluation of Legal Sources: Once the legal sources have been collected, the researcher must evaluate them to determine their relevance, reliability, and credibility.
Analysis of Legal Sources: After evaluating the legal sources, the researcher must analyze them to identify legal principles, concepts, and arguments.
Synthesis of Legal Principles: The researcher must then synthesize the legal principles and concepts that have been identified through analysis, to form a coherent and logical understanding of the legal topic.
Application of Legal Principles: Finally, the researcher must apply the legal principles and concepts that have been synthesized to the research problem or question, to arrive at a conclusion or recommendation. All inquiries will have specific answers to specific questions that can be easily found and verified, and these are the keys to doctrinal or library-based research.

Merits of Doctrinal Research Method:

Foundation for Future Research: Doctrinal research provides a foundation for further research, as it helps researchers identify legal gaps, inconsistencies, and ambiguities. Thus, a strong doctrinal analysis will be the starting point for much legal research. In legal research, a doctrinal focus is often a good starting point, but a lot of legal research will need to take analysis further than a purely doctrinal approach. The insights of doctrinal research can be used to develop new legal theories, propose legal reforms, or conduct empirical research.
Quick Answer to Legal Problem: Doctrinal research provides quick answers to the practical problems at hand by analyzing the legal principles, concepts and doctrines. Thereby serving as a ready reference to people who didn’t have time at their disposal to undertake that research by themselves. It helps in incrimination of legal knowledge base. 6. Future direction of the law can be predicted on the basis of such studies.
Helps in Development of Law: It offers a logical explanation to the law and at the same time also highlights inconsistencies and uncertainties in the law. It reveals gaps ambiguities and inconsistencies in the law. It lay down a roadmap to develop the law by avoiding the pitfalls. Judges have over time developed law from their deep knowledge and investigation into the field. Law of torts is one great example as it is a “judge-made law”.
Easier Method: It is often traditionally taught that legal research methods should be conducted in the early stages of legal training. As a result, most legal scholars will focus on the techniques used at the time, to initiate research at the graduation level. Doctrinal research represents a “base” in the legal community and most universities demand an even higher degree of work based on this ideological framework.
Cost Effective: Doctrinal research is a cost-effective research methodology, as it does not require extensive data collection or empirical analysis. Researchers can access legal documents online or in libraries, and analyze them using legal research tools and methodologies.
Time Efficient: Doctrinal research is a time-efficient research methodology, as legal documents are readily available and can be analyzed quickly. Researchers can also use legal research tools and methodologies to streamline the research process and save time.
Easily Manageable: Because of its focus on the sources of jurisprudence, established research is more manageable and results more predictable. For the postgraduate studies researcher, this may help with meeting deadlines and contain surprises.
Professional Development: Doctrinal research can help legal professionals, such as lawyers, judges, and scholars, enhance their knowledge and skills in a particular legal field. It enables them to develop a deeper understanding of legal concepts, principles, and doctrines, and apply them to real-world legal problems.

Demerits of Doctrinal Research:

Theoretical Method: it is highly theoretical and technical, uncritical, conservative, trivial and without due consideration of the social, economic and political importance of the legal process. It is primarily focused on analyzing existing legal sources and interpreting legal decisions. As a result, it may lack originality and creativity compared to other research methodologies.
Subjective in Nature: It can be subjective and suffer from the vice of perception of the researcher about the enquired subject matter. Therefore another person can reach upon an entirely different dimension to the same question.
No Empirical Support: The doctrinal research is often criticised for being disconnected with reality. It does not involve the collection of empirical data, such as surveys or interviews, which can provide insight into the impact of legal rules and practices on individuals and society. The law does not operate in a vacuum. It works within the community and impacts on the community. Thus, it is devoid of any support from social facts. Therefore his projection might be far off the social reality. This is a serious concern as law can act as an instrument of social transformation.
Possibility of Bias: Doctrinal research relies heavily on legal sources, which can be biased towards a particular interpretation of the law. This can lead to a limited or one-sided analysis of legal issues.
It may not be Updated: It neglects the factors that lie outside the strict brackets of law, which might have a bearing upon the legal principle, theory or doctrine. For example, the recent amendment in the criminal law regarding rape, wherein a huge public outcry was an extra-legal factor that shaped the law.
Limited Scope: Doctrinal research is limited to the study of legal sources, which may not provide a comprehensive understanding of a particular legal issue. It may overlook non-legal factors that can affect legal outcomes.

Non-Doctrinal Research:

Non-doctrinal research, also known as social-legal research, is research that employs methods taken from other disciplines to generate empirical data that answers research questions. It can be a problem, policy, or a reform of the existing law. It is a multidisciplinary field of inquiry that explores the intersection between law and society. Socio-legal research is a methodology that combines social science and legal principles to study the interaction between law and society. It involves the use of empirical methods to analyze legal institutions, practices, and policies within their social context.

Purposes of Non-Doctrinal Research:

To organize society in a systematic and peaceful or orderly manner, so ,the tool of research will have to be altered to cope up with the present problems, or come up with various measures to root out the different social evils
To trace the consequences of the outcome or legal decision making in terms of values, gains and deprivation of litigants, on litigants and non –legal institutions
To access the impact of non–legal events e.g.. economic development, growth of knowledge, technical changes upon legal decisions
To identify and appraise the magnitude of variable factors influencing the outcome of legal decision making e.g. the effect of capital punishment on the prevalence of dangerous crime at a given place at a given time
To easily trace out the actual consequence of any legal principles on the society or co-relation between law and other non-legal fact
To study the impact of legal principles upon non legal events, which may be social, political, economic, technology, and scientific, cyber world. The scope of empirical research is much broader than doctrinal research, and its basis source of knowledge are

Methodology of Non-Doctrinal Research:

Collection of Data: Data collection is the process of gathering and measuring information on variables of interest, in an established systematic fashion that enables one to answer stated research questions, test hypotheses, and evaluate outcomes. The data collection component of research is common to all fields of study including physical and social sciences, humanities, business, etc. While methods vary by discipline, the emphasis on ensuring accurate and honest collection remains the same. Interviews with the persons under consideration, lawyers, judges, and other legal professionals; focus groups with community organizations and advocacy groups; participant observation at court hearings and other legal proceedings helps in collecting data.
Classification of Data: The method of arranging data into homogeneous classes according to the common features present in the data is known as classification. The aim of classification is to consolidate the volume of data in such a way that similarities and differences can be quickly understood. Figures can consequently be ordered in sections with common traits.
Analysis of Data: Research data analysis is a process used by researchers to reduce data to a story and interpret it to derive insights. The data analysis process helps reduce a large chunk of data into smaller fragments, which makes sense.
Findings: It describes what the researcher found when they analyzed their data. Its primary purpose is to use the data collected to answer the research question posed in the introduction, even if the findings challenge the hypothesis.
Conclusions: The study may conclude that there is a need for reform in the legal system to address the needs and rights of communities and that greater attention should be paid to how social factors influence legal outcomes.

Merits of Non-Doctrinal Research:

It highlights the ‘gaps’ between ‘legislative goals’ and ‘social reality’ and thereby ‘depict’ a ‘true picture’ of’ that ‘law-in-action.
It assesses ‘role and contribution of law’ in bringing the intended social consequences. It highlights the ‘factors have been creating ‘impediments’ or posing ‘problems’ for the law in attaining its ‘goal(s)’.
It provides an ‘expert advice’ and gives significant feedback to the policy-makers, Legislature, and Judges for better formulation, enforcement and interpretation of the law.

Demerits of Non-Doctrinal Research:

Time Consuming and Costly: It is extremely time consuming and costly. It calls for additional training in designing and employing tools of data collection and entails greater commitments of time and energy to produce meaningful results.
Need of Strong Base of Doctrinal Research: It needs a strong base of doctrinal legal research. A legal scholar who is weak in doctrinal legal research cannot handle non-doctrinal legal research in a meaningful way.
Special Training Required: The basic tools of data collection are not simple to employ. They require specialized knowledge, training and skill from the stage of planning to execution. Law students are not adequately trained in the techniques of empirical research.
Results are Not Instant: It is extremely weak in solving a problem in hand. It cannot give a direction as to what course the law should follow to be useful.
Personal Issues: The law students lack a tradition sustaining non-doctrinal research. They cannot recognize their findings. Law researchers are obsessively preoccupied with the teaching function and their arm chair doctrinal research for the purpose of publication from promotions and enhance their income.
There is lack of adequate financial support
It cannot remain unaffected from human vices, upbringing and thinking because acceptance of a new system of law in India depends on many factors, such as awareness, value, capability and pattern of adaptation.

Distinguishing Between Doctrinal Research and Non-Doctrinal Research:


Doctrinal research is theoretical research.	Non-doctrinal research is more practical.
Doctrinal research has its roots in the analytical or positivist school of thought.	Non-doctrinal research comes from the realist school of thought.
Doctrinal research is based on secondary sources of information, like articles, commentaries, textbooks, etc.	Non-doctrinal research is based on primary sources like surveys and case studies.
Doctrinal research is library-based and does not involve going to the field.	Non-doctrinal research includes fieldwork
Doctrinal research is more concerned with the question “What is law” and studying law exclusively.	Non-doctrinal research studies law in connection with society and various non-legal aspects that affect the law. It is socio-legal research.
The scope of doctrinal research is narrower concerning the law in isolation.	Non-doctrinal research has a wider scope and studies law in comprehensive terms.

Conclusion:

In conclusion, we can say that it is easy to target a specific methodology and identify its strengths and weaknesses. However, it must be noted that doctrinal and non-doctrinal legal research are the ultimate way to find the answers that have been raised in the context of attempts to understand the emerging issues in the framework of the law. There is no hierarchy between methodologies and they are all of equal importance for the development and understanding of the law. What is crucial is that researchers must try and equip themselves with the necessary skills to enable them to comfortably meet their research objectives. Undoubtedly, a well-versed scholar will be aware of the advantages and disadvantages of any particular methodology, and will work to obtain the benefits that result from a better quality of work. Often, the combination of methodologies, i.e., a mixed method using ideological, social, and legal, can work together to achieve a better understanding of the law. Thus, postgraduate scholars would do well to equip themselves by using alternative research methodologies.

All about doctrinal and non-doctrinal research

This article has been written by Neha Dahiya. The article has been edited by Khushi Sharma (Trainee Associate, Blog iPleaders) and Vanshika Kapoor (Senior Managing Editor, Blog iPleaders).

Table of Contents

Introduction

The research basically means searching for something again and again until we reach an unequivocal conclusion. It is a systematic investigation that entails the collection of data, critical information, arranging it all and then analyzing it to deduce something meaningful. The word “research” is derived from the French word “recherché” which means to investigate thoroughly. So whenever research is being conducted, be it in any field, it involves going into the depth of the topic and making sense of it.

Legal research in particular dives deeper into the legal ocean. It is all about searching and researching laws, their origin, their application and everything else that can have the slightest nexus with the legal sphere. We try to search and analyze the effect of all the legal and non-legal variables on the process of legal decision-making. Black’s law dictionary defines legal research as “the finding and assembling of authorities that bear on a question of law”.(How to do legal research in 3 steps n.d.) Legal research is a constant companion of people involved in the legal world, be it the attorneys, judges, jurists, law researchers, law students and academicians. To possess the legal prowess and accumulate knowledge to effectively contribute in this arena, research is important for all of them.

Now, to conduct research different pathways can be adopted. These pathways are known as “research methodologies”. Methodology in research is defined as the systematic method to resolve a research problem through data gathering using various techniques, providing an interpretation of data gathered and drawing conclusions about the research data.(Bouchrika 2021) The two words method and methodology should not be used interchangeably. Method signifies the process of collecting the required information and the technique that is employed to achieve this objective.

Whereas, on the other hand, methodology implies not only the procedures involved to collect data but also how to analyze and interpret it. The methodology is a comprehensive term and is wider than the method. It is a compass that determines the direction of the research.

Two prominent methodologies that are employed in legal research are doctrinal and non-doctrinal. The former one is more inclined towards theoretical aspects and academics, hence also known as “library” or “arm-chair” research. While the latter is more practical and takes an interdisciplinary approach to observation. Hence it is also called “empirical” research.

Doctrinal research

Meaning and definition .

Dr S.R. Myneni has defined, “A doctrinal research means a research that has been carried out on a legal proposition or propositions by way of analyzing the existing statutory provisions and cases by applying the reasoning power.” (Tiwary 2020)

Doctrinal research has the root word “doctrine” which means a principle or a basic governing tenet. That means, the legal doctrine would include legal principles and tenets that would govern the legal world. Therefore, it implies that doctrinal legal research would involve digging deeper into the legal principles and concepts from various sources like cases, precedents, statutes and others; to analyze them and reach valid conclusions.

The focal point of doctrinal research is answering the question “What is law?”. It is library-based research, i.e. we try to find out definite answers to legal questions through a thorough investigation from the law books, statutes, legislation, commentaries and other legal documents. All of these sources fall under the category of “Secondary Sources”. As stated earlier, it is theoretical research that does not involve any kind of experimentation or fieldwork.

Here, we are basically checking the validity of existing laws in light of a changing society. It begins with one or more legal propositions taken as a starting point and the entire research is directed in finding the validity of that hypothesis. It simply means reviewing and studying different legal documents and other sources and then deducing a complete answer to the question asked at the beginning by the means of rational interpretation and logical reasoning. Most often, the starting point in any research is doctrinal, i.e. library-based and then we move forward to other methodologies once our base is set by doctrinal research. This is the reason that doctrinal research is very famous among students and academicians.

History

The roots of doctrinal research can be traced to the positivist or the analytical school of law which was objective and value-free. It is more epistemologically oriented and does not concern itself with people or society. Though the law itself is normative, doctrinal research does not study it in a normative sense. It does not take into consideration the human aspects of law and how it affects people in society. In this type of research, we just concern ourselves with existing laws in the present state as they are. Its emergence can be traced parallel to the rise of common law in the nineteenth and twentieth century. Common law has been developed by the efforts of jurists and the Court’s decisions. The doctrine of precedents also developed around the same time. All of these developments are linked to doctrinal research as without it the other parallel developments would have been incomplete. It is when judges and attorneys investigated laws from various above-mentioned sources, that they could set the stage for the progress of common law.

And we all know, common law is the basis of legal development in several other countries. At a similar time, the law had entered the academic field in Europe and doctrinal research picked up pace as it became a popular tool of academic legal research. (Tiwary 2020) This is the reason why doctrinal research is also known as traditional research.

Purpose

One of the main purposes of conducting doctrinal research is solving the legal problems of bringing laws. For example, if the government decides to bring umbrella legislation for all the crimes committed against women, it may initiate doctrinal research by some jurists and experts in the field.

They may have to go through all the existing laws in this field, previous case laws, precedents, international trends, legal commentaries, articles by scholars, dictionaries, encyclopedias, journals, treatises, textbooks and other sources of legal information. Going through this sea of information, they would be able to answer all the questions related to this legislation and will be successful in bringing out comprehensive legislation.

It can be utilized for several other purposes as well like to help lawmakers develop meaningful and effective laws, develop fresh legal doctrines, aid courts in reaching effective and legally accurate judgments, help lawyers to interpret statutes and prepare their suits, help students in academia to set a base and many others.

Methodology

The methodology in doctrinal research starts with setting a proposition as the starting point. A legal provision in question or an existing law could be chosen for the purpose. The next step could be to analyze the purpose behind bringing that particular law. For example, for a provision of the constitution, Constituent Assembly Debates could give great insight.

The law then can be studied in greater detail. A course of action must be selected. Alternative courses can be explored. Different models need to be studied and finally, the consequences and approximated effects have to be weighed in order to accurately make predictions about the proposition set at the beginning. In all these stages, secondary sources talked about in the above paragraphs are utilized.

But one must be very careful in the selection of these sources. Searching for reliable and accurate sources demands time and effort. Useful information must be separated from the chaff as the presence of unreliable information could lead to misleading and inaccurately skewed results. The efficiency of this method also depends on the question that is asked in the beginning. Asking the right question is the first step towards concrete research. Setting the right proposition and then relying on the right sources is the key to successful doctrinal research.

Advantages and disadvantages

To begin with the advantages, doctrinal research forms the base of legal research in the academic field of law. Law students at the graduate and post-graduate levels usually venture into the world of legal research with the help of doctrinal methodology. This is the starting point for them where they can analyze sources available in the library and logically deduce their findings. The students are not well equipped at this particular stage to get involved with empirical research and to consider the law in the context of society. It is easier for them to study law “as it is” from secondary sources and it acts as a good starting point.

In addition, it gives the judges and lawyers the flexibility to approach law from different aspects and make its interpretation. It may not be wrong to say that the amorphous mass of the present-day statutory provisions takes concrete shape and form in the great laboratories of the law courts. (Jain 1982) Judges have over time developed law from their deep knowledge and investigation into the field. Law of torts is one great example as it is a “judge-made law”. Therefore, doctrinal research being the traditional methodology has helped in the development of legal research by giving it a base. It has been a close companion of law academicians, students, judges, advocates and jurists.

However, doctrinal research has its own shortcomings as well. Availability and choice of right and reliable sources is the bottleneck in doctrinal research. Logical deduction is also an uphill task. Furthermore, it is highly theoretical and restricted. Without the right direction, it may become highly objective and too mechanical. Moreover, it can be further highlighted that it studies law individually and does not consider it in the backdrop of society which is the playground of law. Without studying its normative and practical aspects, it’s like studying law in darkness and seems incomplete.

Non-doctrinal research

Non-doctrinal research takes a multi-disciplinary approach towards legal research. It employs methods and information available from other disciplines to make a comprehensive approach towards law. It employs primary sources of legal information to reach a conclusion. Primary sources may include observations, experiments, questionnaires, surveys, etc. With the help of these sources, we analyze the practical aspects of law like the effect of its implementation in non-legal fields and society as a whole. Basically, we take a legal variable which could be a law along with a non-legal variable like economic, social, political, etc. and study their relationship by data collected, which could be qualitative or quantitative. Its area of focus is how the law works in the real world.

After World War II, there was a growing emphasis on empiricism. Hence, the realist school of thought developed. The realist school of thought brings to the forefront, the concern that laws are made for the benefit and regulation of society. Laws are there to fulfil society’s needs. Therefore, they cannot be studied in isolation and must be developed as per society’s requirements. Society is dynamic and so should be the law. Law should be suited to the needs of the real world.

Non-doctrinal research developed out of the growing need of bringing the law into the realm of realism. It was felt that legal research should deal more with its practical application and how it functions and affects the life of people in real-world; and less with the theoretical aspect of studying written law.

Moreover, we have also seen that towards the same time, there was a growing emphasis on the welfare state model. It was believed that the state was meant to serve the society and all the laws that it brings must cater to this need of welfare of the citizens. In this background, there was a huge lift received by non-doctrinal research that helped in this direction. Governments have also encouraged this field of research to bring out legislation that truly help people and also to judge how well they have performed.

Purpose and methodology

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 the law. Sometimes, a very comprehensive law is brought but sometimes the environment is such that its effectiveness is shielded by those circumstances. For example, a law brought to open the market for foreign players to liberalize the economy may be considered very destructive at a time like that of a pandemic when the domestic market is hard hit by lockdown and would be considered devastating.

While in normal circumstances the same law might have been proved very useful for the economy. Now research may be sponsored by the government to check whether circumstances are conducive to bringing such a law. The research may include collecting data about the condition of the domestic market and how it will affect it if the law becomes a reality. Research after implementing the law can also be conducted to check its consequences and effects that it had actually brought. For this purpose, the help of other behavioural sciences can be taken. It relies on observation more than theory because under different circumstances theory remains 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.

The methodology adopted is that of empirical research, i.e. different modes of experimentation and observation like collecting data by means of case studies, questionnaires, surveys, etc. These are the primary sources that give us first-hand information that can be then analyzed. This data collected can then be arranged in pie charts, bar graphs or other forms to reach a conclusion.

Advantages and disadvantages

The advantages of non-doctrinal research are many but the prime one remains its utility in practical purposes. It helps in gauging the practical effectiveness of laws in various non-legal fields. It is an effective tool to judge the performance of law in society. Legal issues are better analyzed when studied in a comprehensive manner by taking into consideration all the factors that might affect it. Moreover, when the data is quantified, it becomes rationally more appealing and authentic. Also, since it relies on primary sources of information, it is more reliable.

Developing welfare policies for people has become the major function of the state. But it is not possible without any data that reveals the actual circumstances of society. Non-doctrinal research tells us what actually the society needs, where the laws are lacking and what are the responses of people on whom those laws are imposed. All of this information which can be obtained by non-doctrinal research makes policymaking a better and easier task.

Moreover, there is a gap between the law in books and law in action. Law transforms to a certain extent when it comes to implementation. Many variables exert their influence to cause this transformation. Knowledge of these factors that can be obtained by non-doctrinal research can help us in understanding this gap and in working towards eliminating it.

However, it also has its fair share of pitfalls. Non-doctrinal research is very time-consuming. It requires a lot of time and resources. Availability of funds poses another challenge. The collection of data can be a daunting task. And more than that, collecting the right pool of information from society can be full of errors. People have different understanding and amounts of information. They have their own biases. That means the information collected, like from questionnaires and surveys can be skewed and misleading. Also, collecting primary data about some sensitive issues can be a dangerous task for the researcher. The research may also be blurred by the researcher’s personal prejudices and biases.

Comparison between doctrinal and non-doctrinal research

Doctrinal research is theoretical research, while on the other hand, non-doctrinal research is more practical.
Doctrinal research has its roots in the analytical or positivist school of thought. But non-doctrinal research comes from the realist school of thought.
Doctrinal research is based on secondary sources of information, like articles, commentaries, textbooks, etc. But non-doctrinal research is based on primary sources like surveys and case studies.
Non-doctrinal research includes fieldwork but doctrinal research is library-based arm-chair research that does not involve going to the field.
Doctrinal research is more concerned with the question “What is law” and studying law exclusively. But non-doctrinal research studies law in connection with society and various non-legal aspects that affect the law. It is socio-legal research.
The scope of doctrinal research is narrower concerning the law in isolation. But non-doctrinal research has a wider scope and studies law in comprehensive terms.

Conclusion

Both forms of legal research have their 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 practicality and as theory cannot be sacrificed for practicality alone and vice versa, both of them have their separate roles in the field of legal research.

Doctrinal research has helped in developing a basic awareness of legal issues among the people. It has immensely helped judges and attorneys in legal suits to develop valid arguments and reach an effective judgment. The development of tort law is a prime example. Doctrinal research by focusing on “law as it is” has helped in percolating a greater awareness about legal issues among the masses. It has also helped in pointing out the loopholes in existing laws and statutes. As another side of the same coin, non-doctrinal research focuses on law in action in its playing field i.e. the society. It could be of great help for analyzing the effects of laws on people and how to bring out legal reforms. It helps the law to catch up with this ever-changing society. Judicial activism is a great product of non-doctrinal research.

Therefore, both these forms are complementary to each other. Doctrinal research forms the foundation, on which the structure of non-doctrinal research can be constructed. They need to and must support each other. They can be used alternatively or in a hybrid form for effective and meaningful legal research.

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Doctrinal Legal Research: What Does It Entail and Is It Still Relevant to Law?

6 Pages Posted: 12 Jan 2019

Jack Fox-Williams

Affiliation not provided to ssrn.

Date Written: January 2, 2016

This article examines the main characteristics of doctrinal legal research and the contexts in which it is used. It also highlights the strengths and weaknesses of doctrinal law, particularly in regards to policy-making and socio-legal research.

Keywords: Doctrinal Law, Legal Research,

Suggested Citation: Suggested Citation

Jack Fox-Williams (Contact Author)

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Defining and Describing What We Do: Doctrinal Legal Research

The practitioner lawyer of the past had little need to reflect on process. The doctrinal research methodology developed intuitively within the common law — a research method at the core of practice. There was no need to justify or classify it within a broader research framework. Modern academic lawyers are facing a different situation. At a time when competition for limited research funds is becoming more intense, and in which interdisciplinary work is highly valued and non-lawyers are involved in the assessment of grant applications, lawyer-applicants who engage in doctrinal research need to be able to explain their methodology more clearly. Doctrinal scholars need to be more open and articulate about their methods. These methods may be different in different contexts. This paper examines the doctrinal method used in legal research and its place in recent research dialogue. Some commentators are of the view that the doctrinal method is simply scholarship rather than a separate research methodology. Richard Posner even suggests that law is ‘not a field with a distinct methodology, but an amalgam of applied logic, rhetoric, economics and familiarity with a specialized vocabulary and a particular body of texts, practices, and institutions ...’.1 Therefore, academic lawyers are beginning to realise that the doctrinal research methodology needs clarification for those outside the legal profession and that a discussion about the standing and place of doctrinal research compared to other methodologies is required.

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5 Doctrinal Legal Research as a Means of Synthesizing Facts, Thoughts, and Legal Principles

Published: January 2020
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Doctrinal legal research (DLR) is a predominant method employed by various classes of legal researchers. It involves rigorous analysis and creative synthesis of multiple doctrinal strands. Doctrines are central to juridical treatment of concepts. Since legal propositions have roots in economic, social, political, and psychological factors, an inter-disciplinary approach becomes essential. Because of the need to overarch changing values, social mores, and economic factors, doctrinal research collaborates with historical, comparative, analytical, and philosophical methods of research. DLR has a long history and definite procedure. Adoption of required steps systematises DLR. It has received criticism for excessively relying on concepts rather than social inputs; for ignoring the empirical techniques; for concentrating only on court decisions or legal rules. It differs from non-doctrinal legal research in the matter of data, venue of research, and time and money utilised. Because of social character of law there is need for collaboration between DLR and NDLR for positive outcome.

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Knowledge Base

What is Doctrinal and Non-Doctrinal Legal Research?

What do you mean by legal research.

Legal research is the process of identifying and finding information necessary to support legal decision-making. It is generally the process of checking for a legal precedent that can be cited in a brief or at trial. Virtually every lawsuit, appeal, criminal case, and the legal process usually requires some amount of legal research. Legal research skills are of great importance for lawyers to solve any legal case, regardless of area or type of practice. The most basic step in legal research is to find a noteworthy case governing the issues in question. As most legal researchers know, this is far more difficult than it sounds.

What is Doctrinal and Non-Doctrinal Legal Research?

A researcher’s analysis of a case often begins in the initial research stage when he/she identifies the relevant facts and determines the legal issues that must be researched. As this analysis continues, it is further refined as they decide where, how, and what to search. When they find relevant legal materials, they must understand them and how they apply to the facts of their case in hand. This research provides a crucial analytical foundation that will aid them in their decisions for the remainder of the case.

Whether you are a Lawyer, a paralegal or a law student, it is essential that Legal research is done in an effective manner. This is where the methodology comes into play. Different cases must be approached in different ways and this is why it is important to know which type of legal research methodology is suitable for your case and helpful for your client.

There are many Types of Legal Research like Descriptive Legal Research, Quantitative Research, Qualitative Legal Research, Analytical Legal Research, Applied Legal Research, Pure Legal Research, Conceptual Legal Research, Empirical Legal Research, Comparative Legal Research, Doctrinal Legal Research, Non-doctrinal Legal Research, etc.

This article talks in-depth about two types of Legal Research:

Doctrinal Legal Research
Non-Doctrinal Legal Research

What is the meaning of the word “Doctrine” under Doctrinal Research??

Doctrine Definition: A rule or principle of the law established through the repeated application of legal precedents.

Common law lawyers use this term to refer to an established method of resolving similar factual or legal issues. For Example Doctrine of Indoor Management – (According to this doctrine, persons dealing with the company need not inquire whether internal proceedings relating to the contract are followed correctly, once they are satisfied that the transaction is in accordance with the memorandum and articles of association.)

The word doctrine refers to a set of beliefs. The word comes from the Latin doctor for “teacher,” so think of a doctrine is the teachings of a school, religion, or political group. Doctrine and doctor derive from the same Latin word, docere, which means “to teach”: doctor means “teacher,” and doctrina means “teaching, learning.”

A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case.

What is the meaning of the word “Non-Doctrine” under Non-Doctrinal Research?

The word Non-Doctrine under Non-Doctrinal Research deals with the Socio-legal aspect of the research. Here, fieldwork is the most important part of the research. Thus scope is wider. It is more concerned with social values. It can be a problem, policy or law reform based. Non Doctrinal research can be qualitative or quantitative or could be part of a large scale project.

What is Doctrinal Legal Research?

The central question of inquiry here is ‘what is the law?’ on a particular issue. It is concerned with finding the law, rigorously analysing it and coming up with logical reasoning behind it. Therefore, it immensely contributes to the continuity, consistency, and certainty of law. The basic information can be found in the statutory material i.e. primary sources as well in the secondary sources. However, the research has its own limitations, it is subjective, that is limited to the perception of the researcher, away from the actual working of the law, devoid of factors that lie outside the boundaries of the law, and fails to focus on the actual practice of the courts.

Methodology of Doctrinal Research

Doctrinal or library-based research is the most common methodology employed by those undertaking research in law. Doctrinal research asks, what is the law in a particular case. It is concerned with the analysis of the legal doctrine and how it was developed and applied. As it is well known, this is purely theoretical research that consists of either simple research aimed at finding a specific statement of the law, or it is legal analysis with more complex logic and depth. In short, it is library-based research that seeks to find the “one right answer” to certain legal issues or questions. Thus, the aim of this type of methodology is to make specific inquiries in order to identify specific pieces of information.

For example, an investigation can be conducted to find specific legislation that monitors occurrences of child abuse in a particular jurisdiction. All inquiries will have specific answers to specific questions that can be easily found and verified, and these are the keys to is doctrinal or library-based research. These steps include analysis of legal issues in order to determine the need for further research. This stage often involves a great deal of background reading on a subject using sources such as dictionaries, encyclopaedias, major textbooks, treatises, and journals that are accompanied by footnotes. These sources provide Definitions of Terms that help the researcher understand and summarize the legal principles involved in the field of law understudy.

Normative Character of Doctrinal Research

The normative character of doctrinal research in particular contexts, is concerned with the discovery and development of legal doctrines and research, for publication in textbooks and journals that take the form of asking the question, “What is the law?”

Legal rules are normative in character because they dictate how we should behave as individuals. They make no attempt to either explain, predict, or even understand human behaviour, just to describe it. In short, doctrinal research is not therefore research about law at all. In asking “What is the law?” it takes the internal cognitive approach oriented to the aim of the study. For this reason, it is sometimes described as research in the field of law.

What is Non-Doctrinal Legal Research?

Non-doctrinal research, also known as social-legal research, is research that employs methods taken from other disciplines to generate empirical data that answers research questions. It can be a problem, policy, or a reform of the existing law. A legal non-doctrinal finding can be qualitative or quantitative, and a dogmatic non-doctrinal finding can be part of a large-scale project. The non-doctrinal approach allows the researcher to conduct research that analyses the law from the perspective of other scientific disciplines, and to employ those disciplines in drafting the law. For example, in the behavioural sciences, there is a standard form of a consumer contract that contributes to the study of psychological phenomena:

The tendency of consumers not to read the standard form contract,
The inability of consumers to evaluate the terms of the contract correctly once they do read. And
The ability of sellers to deal with consumers. Because it uses non-sectarian legal experimental data, it provides vital insights about the law in context, i.e. how the law works out in the real world. Legal research is experimental and valuable in detecting and explaining practices and procedures in legal and regulatory systems. It is also valuable in settling disputes and impacts the legal phenomena of social institutions and businesses. Similarly, experimental legal research in economics applies legal analysis, statistical inference, and economic modelling, to the core areas of national and international law, such as tort, property, contracts, criminal law, law enforcement, and litigation. Earlier research can be used to analyze the economics of legal negligence theory.

In conclusion, we can say that it is easy to target a specific methodology and identify its strengths and weaknesses. However, it must be noted that doctrinal and non-doctrinal legal research is the ultimate way to find the answers that have been raised in the context of attempts to understand the emerging issues in the framework of the law. There is no hierarchy between types of Legal Research and they are all of equal importance for the development and understanding of the law. A good lawyer will be aware of the advantages and disadvantages of any particular methodology and will be able to get better. Often, the combination of different methods of Legal Research, i.e., a mixed-method using ideological, social, and legal, can work together to achieve a better understanding of the law.

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Legal Research of Doctrinal and Non-Doctrinal

This paper discussed doctrinal and non-doctrinal legal research to show researchers how to write with understanding regarding the advantages, disadvantages, and the comparisons between doctrinal and non-doctrinal legal research. Thus, the combination of methodologies, i.e., a mixed method using ideological, social, and legal, can work together to achieve a better understanding of the law.

Related Papers

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

Srinivas Publication

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.

Jack Fox-Williams

This paper outlines the characteristics of doctrinal legal research and the contexts in which such research is applied. It also examines the strengths and weaknesses of doctrinal research in the analysis of legal cases implicating complex social and moral issues.

Priya Varma

legal research i9s important to bring new aspects of life. this paper contains the relevant material about legal research legal research can further be classified in two doctrinal legal research empirical legal research this paper is a compiled document on doctrinal legal research

SIGn Jurnal Hukum

Nurul Qamar

This study aims to examine and analyze the dichotomy between doctrinal and non-doctrinal approaches in the study of legal science. This research uses normative research methods. The collection of legal materials is done by using literature study techniques. The legal material obtained in this study was then analyzed qualitatively with a comparative approach to present conclusions and answer the research objectives. The results show that the dichotomy of approach in the study of legal science is a scientific dynamic in line with social changes in the community. The doctrinal approach is a normative legal study that always focuses on norms that are none other than the character of legal science itself. In contrast, the non-doctrinal approach is an empirical legal study that crosses other scientific disciplines and does not ignore legal norms as the character of legal science. In addition, the doctrinal approach determines substantially what is allowed and what is not (das sollen). At ...

Mark Van Hoecke

1. Legal Doctrine: Which Method(s) for What Kind of Discipline? Mark Van Hoecke 2. The Method of a Truly Normative Legal Science Jaap Hage 3. Explanatory Non-Normative Legal Doctrine. Taking the Distinction between Theoretical and Practical Reason Seriously Anne Ruth Mackor 4. A World without Law Professors Mathias M Siems 5. Open or Autonomous? The Debate on Legal Methodology as a Reflection of the Debate on Law Pauline C Westerman 6. Methodology of Legal Doctrinal Research: A Comment on Westerman Jan Vranken 7. The Epistemological Function of 'la Doctrine' Horatia Muir Watt 8. Maps, Methodologies and Critiques: Confessions of a Contract Lawyer Roger Brownsword 9. Legal Research and the Distinctiveness of Comparative Law John Bell 10. Does One Need an Understanding of Methodology in Law Before One Can Understand Methodology in Comparative Law? Geoffrey Samuel 11. Comparative Law, Legal Linguistics and Methodology of Legal Doctrine Jaakko Husa 12. Doing What Doesn't Come...

SLS Annual Conference, University of Central Lancashire

John Magyar

An epistemological analysis of common law doctrinal legal methodology seeks to answer one basic question: why is doctrinal legal method the best approach for acquiring knowledge about law? A lawyer might provide a pragmatic answer—because that is the method that the judge will use when deciding cases; and a judge could provide an institutional answer—he or she is bound by law to abide by the official legal texts. Yet, an epistemological justification requires more. As a starting point, one needs a theory that justifies the objective existence of a socially constructed phenomenon called ‘law’. If we accept Searle’s account of social facts, and we accept that reflective equilibrium is at work within the individuals within a particular jurisdiction as they acquire knowledge about law, then doctrinal method can regarded as the most important source of the social agreement that brings about the objective existence of law. This is so because law is created and modified by applying doctrinal method—legislative utterances provide the constitutive rules that govern socially constructed things. Meanwhile, uncertainty within these texts are adjudicated by the courts, and the utterances of the court are also official legal texts. As such, the courts act as arbiters of social reality, and this arbitration provides a solution to the problem of intersubjectivity by converting anecdotal interpretations into official determinations as agreed upon by collective intentionality. As a result, in a common law jurisdiction, the doctrinal research methodology is the best way of acquiring knowledge about the law. Legal realism provides the most prominent criticism of doctrinal method, but in practice, realist claims are limited by doctrinal method: where the law, as determined by doctrinal method, is clear, the critique lacks credibility. Thus realism points out the epistemological limitations of doctrinal method and does not undermine the core of it.

Law and Method

Wibren van der Burg

shah jubaer

This paper aims to improve our understanding about the prevalence and determinants of legal research in both approach and comparative perspectives with an introductory reflections on the importance and role of legal research, the inter rapport between research and their legal research in general, further issues covered including different classifications of Legal Research.

Prakhar Sharma

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Doctrinal Legal Research

Amrit Kharel
Published 26 February 2018

24 Citations

Doctrinal research in law: meaning, scope and methodology.

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Inter-relation between Doctrinal and Non-Doctrinal Research

The article 'inter-relation between doctrinal and non-doctrinal research' explores the symbiotic relationship between these two research methodologies..

The article 'Inter-relation between Doctrinal and Non-Doctrinal Research' explores the symbiotic relationship between these two research methodologies, highlighting their complementary roles in advancing legal knowledge.

Introduction

The research method entails repeatedly seeking an answer until we achieve an unambiguous conclusion. It is a methodical research that comprises gathering data and crucial information, organizing it all, and then evaluating it to derive anything significant. The term 'research' originates from the French term 'recherché,' indicating 'thorough inspection'. So, if research is undertaken in any discipline, it involves looking into the subject matter to get a sense of it.

Legal research is conducted on a specific topic, that digs further into legal matters. It refers to the process of searching for and analyzing laws, their origins, their applications, and anything else that has even the most tenuous connection to the legal domain. We strive to find and assess the impact of all legal and illegal aspects on the legal process of decision-making.

Legal research is defined as “the discovery and collection of authorities bearing a question of law” by Black’s Law Dictionary. Legal research is an ongoing companion of those in the legal profession, whether they are attorneys, judges, legal scholars, law researchers, law students, or academicians. Several approaches can be taken to do research. They are said to be research methodologies. Research methodology is described as an organized method of resolving a research topic by acquiring data using various methodologies, offering an interpretation of the data that is acquired, and making decisions about the research’s data. The terms methodology and method shouldn’t be used interchangeably. The term method refers to the process of gathering the necessary information as well as the strategy used to accomplish this goal.

Doctrinal and Non-Doctrinal approaches are commonly used in legal study. The former is primarily focused on theoretical topics and academics and is thus referred to as “library” or “arm-chair” studies. The latter, on the other hand, is more realistic and uses an interdisciplinary method for research. As a result, it is often known as “empirical” research.

Doctrinal Research

Doctrinal research is being conducted on a legal proposition or statement by studying pre-existing statutes and judgments and utilizing reasoning power. Doctrinal research originates from the term 'doctrine,' which means 'principle' or 'normal governing tenet'. Doctrinal legal study entails delving further into legal concepts and principles from many sources, such as cases, legal precedents, legislation, and others, to examine them and establish valid conclusions.

Doctrinal study aims to answer the query, “What is law?” It is a book-based examination, which indicates that we perform a thorough study of law books, laws, statutes, inspections, and other legal literature to find unambiguous answers to legal questions. All of such sources are classified as “secondary sources.” As previously stated, it is a theoretical study that does not require any experiments or fieldwork. It starts with several legal propositions as a starting point, and the entire investigation is aimed at determining the soundness of the underlying hypothesis. It simply means examining and analyzing various legal documents and additional sources before deducing an adequate response to the initial question through rational interpretation and rational deduction. This is why doctrinal research is so popular among students and academics.

Purpose of Doctrinal Research

One of the most important objectives of doctrinal research is to solve legal challenges associated with the passage of legislation. For instance, if the government decides to implement comprehensive laws to address all crimes involving women, it may commission doctrinal research from lawyers and specialists in the field.

They may need to review all of the existing laws in the topic at hand, as well as past case laws, precedents, worldwide trends, legal commentary, scholarly publications, encyclopaedias, dictionaries, journals, treatises, books, and other legal information materials. They will be successful in addressing all of the queries about this law after wading through this ocean of material. It can also be used to assist lawmakers in developing significant and efficient laws, developing new legal doctrines, assisting courts in accomplishing efficient and legally precise decisions, assisting lawyers in interpreting statutes and preparing their suits, assisting students in academia in establishing a foundation, and many other purposes.

Methodology

Within doctrinal research, the technique begins with establishing a premise as the beginning point. A specific legal provision or an existing statute could be used for this purpose. The next phase is likely to examine why that particular law was enacted. Constituent Assembly Debates, for example, could provide significant insight into a constitutional provision.

The law is then able to be researched in greater depth. Alternative paths can be investigated. Different models must be investigated, and lastly, the effects and approximated impacts have to be considered to produce accurate predictions regarding the proposition made at the outset. Secondary sources, as discussed in the preceding paragraphs, are used at all phases.

However, these sources must be chosen with caution. Finding dependable and accurate information takes time and effort. The existence of untrustworthy information can lead to inaccurate and incorrectly skewed outcomes, therefore useful information needs to be sorted from the chaff. The effectiveness of this strategy is also determined by the initial inquiry. The initial step towards actual investigation is to ask the correct question. The key to good doctrinal research is developing the appropriate proposition and then depending on the right sources.

Advantages of Doctrinal Research

There are various benefits of using doctrinal research methodology and they are as follows:

At first, this doctrine is the standard approach for performing legal inquiry and is frequently taught in the initial phases of legal education. As a result, by that point, they begin their postgraduate study, and most legal scholars will be conversant with the procedures involved. Furthermore, there will be no scarcity of professionals who can provide young postgraduates with doctrinal research instruction.
Second, because of its pervasiveness in law schools and law offices, research conducted under this methodology is more likely to be considered as possessing the characteristics of legal research.
Thirdly, Doctrinal research is still ‘typical’ in legal loops, and many operational, undergraduate, and even higher-degree research will be constructed around it. Doctrinal research is the desired and required methodology for practical objectives and resolving everyday customer issues. The busy practitioner (the normal outcome of law schools) is preoccupied with the law ‘as it is’ and rarely has time to investigate research which doesn’t fall within this framework and timeline.
Lastly, Doctrinal research has greater control and predictability because it focuses on established sources. This may assist a postgraduate researcher in fulfilling deadlines by keeping surprises at bay.

Disadvantages of Doctrinal Research

There are several disadvantages levelled against the doctrinal research as mentioned below:

At first, it is very academic, overly technical, uncritical, conservative, and inconsequential, and fails to take into account the social, economic, and political relevance of the legal process.
Second, it should be acknowledged that doctrinal research is overly constrained in terms of topic matter. The field of law is becoming increasingly entwined with the greater societal context.
Third, this framework includes legal & social theory, as well as other natural and social science-based techniques.
Fourth, because it believes that the law exists in a literal doctrinal vacuum as opposed to within a societal structure or context, the doctrinal approach fails to offer a suitable foundation for addressing challenges that occur.
Fifth, doctrinal research has been criticized as insignificant since it is frequently performed without proper consideration of the legal process’s social, economic, and political relevance.
Lastly, it functions within society and has an impact on society. As a result, there is room for adopting and adapting various approaches used in other areas to gain a more lucid understanding of the law and its duties.

The Non-Doctrinal Research

Non-doctrinal research, commonly referred to be social-legal research, uses methods from different fields to gather empirical data that addresses research issues.

Non-doctrinal research approaches legal study from a multidisciplinary perspective. It applies methods and information from various disciplines to provide a complete approach to law. It draws its conclusions from sources of legal information. Observations, demonstrations, surveys, questionnaires , and other primary sources may be used. We study the practical dimensions of law, such as the impact of its application in non-legal disciplines or society as a whole, using these sources. The growing necessity to bring legal matters into the domain of actuality gave rise to non-doctrinal study. It was considered that legal research must concentrate on its practical use and how it performs and impacts people’s lives in the real world, rather than the academic component of analyzing written law.

Essentially, researchers select a legal factor, such as a law, and also a non-legal factor, such as social, economic, and political variables, and examine their relationship using data that can be either quantitative or qualitative. Its primary focus is on how the law operates in practice.

Purpose of Non-Doctrinal Research

The goal of a non-doctrinal study is to establish if a law is effective or how it impacts non-legal parts of society. Non-legal factors can also influence how legislation is applied. Sometimes a highly comprehensive law is enacted, but the context is such that its usefulness is hampered. For example, during an epidemic when the domestic marketplace is badly impacted by lockdown, a measure implemented to liberalize the country’s economy by exposing the market to foreign rivals may be viewed as disastrous. In regular circumstances, similar laws may have been enormously beneficial to the economy.

The government may now fund research to determine if the conditions are favourable for enacting such legislation. The research could involve gathering information regarding the state of the domestic marketplace and how it would be affected if the law turned true. Following the implementation of the law, research might be done to assess its repercussions and effects. Other behavioural sciences can be used to assist in this endeavour. It is more dependent on observation than theory since, under different conditions, theory stays unchanged but its application in practice changes, and it is critical to keep up with such modifications to keep the legislation updated and effective.

The methodology used corresponds to empirical research, which includes many modalities of observation and experimentation such as data collection through case studies, surveys, questionnaires, and so on. These include the primary sources, which provide us with first-hand information that may then be examined. This data can then be presented in bar graphs, pie charts, and other forms to conclude.

Advantages of Non-Doctrinal Research

There are various benefits of using non-doctrinal research methodology and they are as follows:

It aids in determining the practical efficiency of laws in a variety of non-legal sectors.
It is a useful instrument for assessing the effectiveness of the rule of law within society. Legal matters are better assessed when they are investigated thoroughly, taking into account all of the aspects that may affect them. Furthermore, when data is measured, it becomes more compelling and authentic.
This concept is more credible because it is based on the primary sources of information.
The non-doctrinal study teaches us what society genuinely requires, where laws are lacking, and what the reactions of individuals who are subjected to such laws are. All of these details provided through non-doctrinal research improve and simplify policymaking.

Disadvantages of Non-Doctrinal Research

Non-doctrinal research takes a long time. A significant amount of resources and time is needed for this form of research.
Another issue faced while using a Non-doctrinal procedure is the availability of funds. Data collection can be a demanding process, and gathering the correct pool of knowledge across society can be fraught with inaccuracies.
People have varying levels of understanding and information. As a result, information gathered through questionnaires and surveys may be slanted and deceptive.
Furthermore, gathering primary data on some sensitive problems might be a hazardous endeavour for the researcher. Individual biases and prejudices of the researcher may also cloud the results.
The doctrinal research is more on the theoretical side in nature, whereas non-doctrinal research is closer to reality.
The logical or positivist system of thinking is the foundation of doctrinal research. Non-doctrinal research, on the other hand, is associated with the realism school of thinking.
The secondary sources of information, including articles, commentaries, textbooks, and so on, are used in doctrinal study. Non-doctrinal research, on the other hand, relies on primary sources such as case studies, surveys, interviews, or empirical data.
Non-doctrinal research includes fieldwork, whereas doctrinal research is the library-based armchair study that does not entail fieldwork.
The Doctrinal research is primarily concerned with the issue “What is law?” and exclusively studies law. The non-doctrinal study, on the other hand, investigates the law about society and numerous non-legal issues that influence the law. It is a socio-legal investigation.
The range of doctrinal research is limited when it comes to the law alone. Non-doctrinal research, on the other hand, has a broader reach and investigates law in depth.

Both types of legal research possess their merits and drawbacks. This indicates that neither of them is flawless or complete in and of themselves. One is based on theory, while the other is based on practice, and because theory cannot be given up for the sake of practice alone, both have distinct responsibilities in the context of legal study. Doctrinal research has aided in developing a fundamental understanding of legal concerns among the general public.

It has greatly aided lawyers and judges in judicial proceedings in developing valid arguments and reaching effective judgments. Tort law development is an excellent instance. Doctrinal research focused on “law as it is” has contributed to a wider public awareness of legal concerns. It has also aided in identifying gaps in current laws and statutes. The non-doctrinal study, on the other hand, concentrates on the law in operation in its natural setting, namely society. It could be very useful in studying the impact of laws on individuals and determining how to implement legal reforms.

As a result, these two kinds are mutually beneficial. Doctrinal research serves as the foundation upon which non-doctrinal research might be built. They must and should support one another. They can be utilized independently or in combination to conduct successful and relevant legal research.

[1] How to Write Research Methodology: Overview, Tips, and Techniques, Available Here

[2] Doctrinal and Non-Doctrinal Methods of Legal Research, Available Here

[3] Classifications of Legal Research Doctrinal and Non-Doctrinal Research, Available Here

[4] Essay: Benefits and Disadvantages of Different Research Methodologies as Tools for Conducting Independent Legal Research at Postgrad Level, Available Here

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A Critical Analysis Of Underlying Concepts Of Doctrinal Research

Publication information.

Journal Title: International Journal Of Legal Developments And Allied Issues Author(s): Nandan Malhotra Published On: 31/12/2021 Volume: 8 Issue: 1 First Page: 77 Last Page: 83 ISSN: 2454-1273 Publisher: The Law Brigade Publisher

Cite this Article

Nandan Malhotra, A Critical Analysis Of Underlying Concepts Of Doctrinal Research , Volume 8 Issue 1, International Journal Of Legal Developments And Allied Issues , 77-83, Published on 31/12/2021, Available at https://ijldai.thelawbrigade.com/article/a-critical-analysis-of-underlying-concepts-of-doctrinal-research/

Through this paper, the author aims to critically analyze the underlying concepts of Doctrinal research, also known as doctrinal legal research. The author makes an attempt at explaining the methodologies adopted by researchers, academicians, judges, jurors, attorneys and others whilst performing doctrinal legal research and also highlights the significance and aims of doctrinal legal research. This method of research has been extensively used to provide legal reasoning to legal issues. It also involves a crucial examination of data as a part of the process. The research also highlights the historical existence of doctrinal legal research. As this research is unbiased research, it also highlights the advantages and disadvantages of doctrinal legal research.

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Supreme court strikes down chevron , curtailing power of federal agencies.

A statute on the steps on the Supreme Court

This article was updated on June 28 at 3:46 p.m.

In a major ruling, the Supreme Court on Friday cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their own interpretion of ambiguous laws. The decision will likely have far-reaching effects across the country, from environmental regulation to healthcare costs.

By a vote of 6-3, the justices overruled their landmark 1984 decision in Chevron v. Natural Resources Defense Council , which gave rise to the doctrine known as the Chevron doctrine. Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable. But in a 35-page ruling by Chief Justice John Roberts, the justices rejected that doctrine, calling it “fundamentally misguided.”

Justice Elena Kagan dissented, in an opinion joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. Kagan predicted that Friday’s ruling “will cause a massive shock to the legal system.”

When the Supreme Court first issued its decision in the Chevron case more than 40 years ago, the decision was not necessarily regarded as a particularly consequential one. But in the years since then, it became one of the most important rulings on federal administrative law, cited by federal courts more than 18,000 times.

Although the Chevron decision – which upheld the Reagan-era Environmental Protection Agency’s interpretation of the Clean Air Act that eased regulation of emissions – was generally hailed by conservatives at the time, the ruling eventually became a target for those seeking to curtail the administrative state, who argued that courts, rather than federal agencies, should say what the law means. The justices had rebuffed earlier requests (including by one of the same lawyers who argued one of the cases here) to consider overruling Chevron before they agreed last year to take up a pair of challenges to a rule issued by the National Marine Fisheries Service. The agency had required the herring industry to pay for the costs, estimated at $710 per day, associated with carrying observers on board their vessels to collect data about their catches and monitor for overfishing.

The agency stopped the monitoring in 2023 because of a lack of funding. While the program was in effect, the agency reimbursed fishermen for the costs of the observers.

After two federal courts of appeals rebuffed challenges to the rules, two sets of commercial fishing companies came to the Supreme Court, asking the justices to weigh in.

The justices took up their appeals, agreeing to address only the Chevron question in Relentless v. Department of Commerce and Loper Bright Enterprises v. Raimondo . (Justice Ketanji Brown Jackson dissented in the Relentless case but was recused from the Loper-Bright case, presumably because she had heard oral argument in the case while she was still a judge on the U.S. Court of Appeals for the District of Columbia Circuit.)

Chevron deference, Roberts explained in his opinion for the court on Friday, is inconsistent with the Administrative Procedure Act, a federal law that sets out the procedures that federal agencies must follow as well as instructions for courts to review actions by those agencies. The APA, Roberts noted, directs courts to “decide legal questions by applying their own judgment” and therefore “makes clear that agency interpretations of statutes — like agency interpretations of the Constitution — are not entitled to deference. Under the APA,” Roberts concluded, “it thus remains the responsibility of the court to decide whether the law means what the agency says.”

Roberts rejected any suggestion that agencies, rather than courts, are better suited to determine what ambiguities in a federal law might mean. Even when those ambiguities involve technical or scientific questions that fall within an agency’s area of expertise, Roberts emphasized, “Congress expects courts to handle technical statutory questions” – and courts also have the benefit of briefing from the parties and “friends of the court.”

Moreover, Roberts observed, even if courts should not defer to an agency’s interpretation of an ambiguous statute that it administers, it can consider that interpretation when it falls within the agency’s purview, a doctrine known as Skidmore deference.

Stare decisis – the principle that courts should generally adhere to their past cases – does not provide a reason to uphold the Chevron doctrine, Roberts continued. Roberts characterized the doctrine as “unworkable,” one of the criteria for overruling prior precedent, because it is so difficult to determine whether a statute is indeed ambiguous.

And because of the Supreme Court’s “constant tinkering with” the doctrine, along with its failure to rely on the doctrine in eight years, there is no reason for anyone to rely on Chevron . To the contrary, Roberts suggested, the Chevron doctrine “allows agencies to change course even when Congress has given them no power to do so.”

Roberts indicated that the court’s decision on Friday would not require earlier cases that relied on Chevron to be overturned. “Mere reliance on Chevron cannot constitute a ‘special justification’ for overruling” a decision upholding agency action, “because to say a precedent relied on Chevron is, at best, just an argument that the precedent was wrongly decided” – which is not enough, standing along, to overrule the case.

The Supreme Court is expected to rule on Monday on when the statute of limitations to challenge agency action begins to run. The federal government has argued in that case, Corner Post v. Federal Reserve , that if the challenger prevails, it would open the door for a wide range of “belated challenges to agency regulation.”

Justice Clarence Thomas penned a brief concurring opinion in which he emphasized that the Chevron doctrine was inconsistent not only with the Administrative Procedure Act but also with the Constitution’s division of power among the three branches of government. The Chevron doctrine, he argued, requires judges to give up their constitutional power to exercise their independent judgment, and it allows the executive branch to “exercise powers not given to it.”

Justice Neil Gorsuch filed a longer (33-page) concurring opinion in which he emphasized that “[t]oday, the Court places a tombstone on Chevron no one can miss. In doing so, the Court returns judges to interpretative rules that have guided federal courts since the Nation’s founding.” He sought to downplay the impact of Friday’s ruling, contending that “all today’s decision means is that, going forward, federal courts will do exactly as this Court has since 2016, exactly as it did before the mid-1980s, and exactly as it had done since the founding: resolve cases and controversies without any systemic bias in the government’s favor.”

Kagan, who read a summary of her dissent from the bench, was sharply critical of the decision to overrule the Chevron doctrine. Congress often enacts regulatory laws that contain ambiguities and gaps, she observed, which agencies must then interpret. The question, as she framed it, is “[w]ho decides which of the possible readings” of those laws should prevail?

For 40 years, she stressed, the answer to that question has generally been “the agency’s,” with good reason: Agencies are more likely to have the technical and scientific expertise to make such decisions. She emphasized the deep roots that Chevron has had in the U.S. legal system for decades. “It has been applied in thousands of judicial decisions. It has become part of the warp and woof of modern government, supporting regulatory efforts of all kinds — to name a few, keeping air and water clean, food and drugs safe, and financial markets honest.”

By overruling the Chevron doctrine, Kagan concluded, the court has created a “jolt to the legal system.”

Kagan also pushed back against the majority’s suggestion that overruling the Chevron doctrine would introduce clarity into judicial review of agency interpretations. Noting the majority’s assurances that agency interpretations may be entitled to “respect” going forward, she observed that “[i]f the majority thinks that the same judges who argue today about where ‘ambiguity’ resides are not going to argue tomorrow about what ‘respect’ requires, I fear it will be gravely disappointed.”

Similarly, she questioned the majority’s assertion that Friday’s decision would not call into question decisions that relied on the Chevron doctrine to uphold agency action. “Courts motivated to overrule an old Chevron -based decision can always come up with something to label a ‘special justification,’” she posited. “All a court need do is look to today’s opinion to see how it is done.”

But more broadly, Kagan rebuked her colleagues in the majority for what she characterized as a judicial power grab. She lamented that, by overruling Chevron , the court had, in “one fell swoop,” given “itself exclusive power over every open issue — no matter how expertise-driven or policy-laden — involving the meaning of regulatory law.”

Roman Martinez, who argued the case on behalf of one of the fishing companies, applauded the decision. “By ending Chevron deference,” he said in a statement, “the Court has taken a major step to preserve the separation of powers and shut down unlawful agency overreach. Going forward, judges will be charged with interpreting the law faithfully, impartially, and independently, without deference to the government. This is a win for individual liberty and the Constitution,”

But Kym Meyer, the litigation director for the Southern Environmental Law Center, decried the ruling in a statement. “[T]he Supreme Court today says individual judges around the country should decide the best reading of a statute. That is a recipe for chaos, as hundreds of federal judges — who lack the expertise of agency personnel — are certain to reach inconsistent results on the meaning of federal laws as applied to complex, technical issues.”

Friday’s ruling came in one of three cases during the 2023-24 term seeking to curtail the power of federal agencies – a conservative effort sometimes dubbed the “war on the administrative state.” In October, the court heard arguments in a challenge to the constitutionality of the mechanism used to fund the consumer watchdog Consumer Financial Protection Bureau. Last month the court upheld the CFPB’s funding by a 7-2 vote. And on Thursday, the justices pared back the power of the Securities and Exchange Commission and other administrative agencies, holding that the SEC cannot continue to use in-house proceedings to impose fines in securities fraud cases.

The fishermen in both cases were represented at no cost by conservative legal groups, the Cause of Action Institute and the New Civil Liberties Alliance, linked to funding from billionaire and longtime anti-regulation advocate Charles Koch .

This article was originally published at Howe on the Court .

Posted in Featured , Merits Cases

Cases: Loper Bright Enterprises v. Raimondo , Relentless, Inc. v. Department of Commerce

Recommended Citation: Amy Howe, Supreme Court strikes down Chevron , curtailing power of federal agencies , SCOTUSblog (Jun. 28, 2024, 12:37 PM), https://www.scotusblog.com/2024/06/supreme-court-strikes-down-chevron-curtailing-power-of-federal-agencies/

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Doctrinal Research: Meaning, Purpose, Methodology, Merits and
Doctrinal research is a research methodology that focuses on analyzing and interpreting legal documents, such as statutes, case law, regulations, and treaties, in understanding legal concepts, principles, and doctrines. It has its jurisprudential root on the positive or analytical school of law.
All about doctrinal and non-doctrinal research
Comparison between doctrinal and non-doctrinal research. Doctrinal research is theoretical research, while on the other hand, non-doctrinal research is more practical. Doctrinal research has its roots in the analytical or positivist school of thought. But non-doctrinal research comes from the realist school of thought.
Doctrinal Legal Research: What Does It Entail and Is It Still ...
This article examines the main characteristics of doctrinal legal research and the contexts in which it is used. It also highlights the strengths and weaknesses of doctrinal law, particularly in regards to policy-making and socio-legal research.
Legal Research: Doctrinal and Non-Doctrinal
The article 'Legal Research: Doctrinal and Non-Doctrinal Research' provides insight into legal research from two different perspectives, and each has its strengths and limitations.
Doctrinal and Non-doctrinal Legal Research
Doctrinal research, of course, involves analysis. of case law, arranging, ordering and systematising legal propositions, and study of legal institutions, but it does more - it creates law and its major tool (but not the only tool) to do so is through legal reasoning or rational. deduction. Even during the period when analytical positivism held ...
Defining and Describing What We Do: Doctrinal Legal Research
Utilizing doctrinal approach based on the methodology of qualitative legal research, this study involves in-depth analysis of statutory provisions, court cases, Quranic texts, hadiths, and the opinions of Muslim scholars. The research findings were analyzed through content analysis and critical analysis methods.
A Comparative Analysis of Doctrinal and Non-doctrinal Legal Research
It explores doctrinal (analyzing legal concepts) and non-doctrinal (empirical) research, both contributing to a holistic understanding of the law's impact. Doctrinal research relies on sources ...
Doctrinal Legal Research as a Means of Synthesizing Facts, Thoughts
Doctrinal legal research (DLR) is a predominant method employed by various classes of legal researchers. It involves rigorous analysis and creative synthesis of multiple doctrinal strands. Doctrines are central to juridical treatment of concepts. Since legal propositions have roots in economic, social, political, and psychological factors, an inter-disciplinary approach becomes essential ...
Doctrinal legal research: Its methodological characteristics and
This paper outlines the characteristics of doctrinal legal research and the contexts in which such research is applied. It also examines the strengths and weaknesses of doctrinal research in the analysis of legal cases implicating complex social and moral issues.
PDF A Critical Analysis of Underlying Concepts of Doctrinal Research
Through this paper the author aims to critically analyze the underlying concepts of Doctrinal research, also known as doctrinal legal research. The author makes an attempt at explaining the methodologies adopted by researches, academicians, judges, jurors, attorneys and others whilst performing doctrinal legal research and also highlights the significance and aims of doctrinal legal research ...
PDF Deﬁning and describing what we do: Doctrinal legal research ...
ly. It follows that doctrinal research is research into the law and legal concepts. This method was the dominant influence in 19th and 20th century. views of law and legal scholarship and it tends to dominate legal research design.6Where does the doctrinal methodology "fit" in terms of the.
What is Doctrinal and Non-Doctrinal Legal Research?
Non-doctrinal research, also known as social-legal research, is research that employs methods taken from other disciplines to generate empirical data that answers research questions. It can be a problem, policy, or a reform of the existing law. A legal non-doctrinal finding can be qualitative or quantitative, and a dogmatic non-doctrinal ...
Defining and Describing What We Do: Doctrinal Legal Research
This paper outlines the characteristics of doctrinal legal research and the contexts in which such research is applied. It also examines the strengths and weaknesses of doctrinal research in the analysis of legal cases implicating complex social and moral issues.
PDF Research Methodology Qualitative and Doctrinal Methods in Research
To comprehend the advantages and limitations of qualitative and doctrinal method of research. To understand the distinguishing factors between qualitative and doctrinal method of research.
PDF Legal Research of Doctrinal and Non-Doctrinal
Abstract-- This paper discussed doctrinal and non-doctrinal legal research to show researchers how to write with understanding regarding the advantages, disadvantages, and the comparisons between doctrinal and non-doctrinal legal research. Thus, the combination of methodologies, i.e., a mixed method using ideological, social, and legal, can work together to achieve a better understanding of ...
(PDF) Legal Research of Doctrinal and Non-Doctrinal
This paper discussed doctrinal and non-doctrinal legal research to show researchers how to write with understanding regarding the advantages, disadvantages, and the comparisons between doctrinal ...
Doctrinal Research in Law: Meaning, Scope and Methodology
In addition, the doctrinal research was also used to predict the future development in law. Moreover, the study found that doctrinal research methodology was used by legal and non-legal researchers.
Legal Research of Doctrinal and Non-Doctrinal
This paper discussed doctrinal and non-doctrinal legal research to show researchers how to write with understanding regarding the advantages, disadvantages, and the comparisons between doctrinal and non-doctrinal legal research. Thus, the combination of methodologies, i.e., a mixed method using ideological, social, and legal, can work together to achieve a better understanding of the law.
Doctrinal Legal Research
This paper intends to bring to light and analyse doctrinal legal research, its purpose, distinctive characteristics and ongoing debate on methodological usage. The paper underscores the need of convergence rather than rivalry between doctrinal and non-doctrinal socio- legal research to address the problems in the legal field.
Inter-relation between Doctrinal and Non-Doctrinal Research
The doctrinal research is more on the theoretical side in nature, whereas non-doctrinal research is closer to reality. The logical or positivist system of thinking is the foundation of doctrinal research. Non-doctrinal research, on the other hand, is associated with the realism school of thinking.
A Critical Analysis Of Underlying Concepts Of Doctrinal Research
Through this paper, the author aims to critically analyze the underlying concepts of Doctrinal research, also known as doctrinal legal research. The author makes an attempt at explaining the methodologies adopted by researchers, academicians, judges, jurors, attorneys and others whilst performing doctrinal legal research and also highlights the significance and aims of doctrinal legal research
Supreme Court strikes down Chevron, curtailing power of federal
The Supreme Court is expected to rule on Monday on when the statute of limitations to challenge agency action begins to run. ... The Chevron doctrine, he argued, requires judges to give up their constitutional power to exercise their independent judgment, ...
Legal Research- Descriptive Analysis on Doctrinal Methodology
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 ...

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