Legal Research Methodology S.r Myneni Pdf

[Phuong Fulsom]

Thedoctrinal legal research has been the dominant and most influential research methods in law. The purpose of the present study was twofold; to explore the scope and to analyze the methodologies of doctrinal legal research. After analyzing the systematically selected literature, the present study found that doctrinal research is concerned with methodically finding, examining, explaining and justifying the enacted legal framework. 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. The study also found that the beginning of the doctrinal legal research is the presence of a legal problem which is followed by finding the relevant legal material including statutory law, constitutional provision pertaining to the problem, by laws, judicial decisions, commentaries of the analysts, encyclopedias and dictionaries. The study further found that after finding the relevant legal material, a researcher is required to analyze the legal material to determine the fitness of the problem or to suggest the solution of legal problem. Further to that, a researcher should also synthesize the legal material to highlight the inconsistencies between enacted legislation and fundamentals legal norms and principles of the legal system. The study also found that a doctrinal research study is concluded by reporting the findings and the recommendations.

This document discusses empirical legal research. It begins by defining research and noting that empirical research involves collecting data through observation and experimentation to test hypotheses. It then discusses different types of legal research, including evolutionary, explanatory, identificatory, impact analysis, projective/predictive, and interpretative research. Empirical legal research uses methods like observation, interviews, questionnaires, surveys and case studies to collect data. This data is then analyzed using the empirical cycle of observation, induction, deduction, and evaluation. Empirical legal research is important as it can identify deficiencies in laws and problems with implementation, assisting in legal reform and improvements to the legal system.Read less

This article is written by Upasana Sarkar. This article deals with doctrinal legal research and non-doctrinal legal research and provides a comprehensive understanding of their concept, purpose, importance, methodology, advantages, and disadvantages. It also provides an extensive and detailed study of these two categories of legal research and their distinctions.

Legal research is a systematic method of studying legal problems in a scientific way that involves discovering new facts, validating existing material, analysing sequences and inter-relationships between the subjects, and developing tools and concepts based on the information. The main aim of legal research is to modify concepts, test hypotheses, and foster just and equitable government rules. The importance of legal research has far-reaching implications. It influences law-making decisions, addresses commercial difficulties, supports judicial decisions, improves legal knowledge, provides legal awareness, guides legal practitioners, and enhances the justice system of the country.

Legal research has been mainly classified into two distinct kinds. One is the doctrinal legal research that helps in analysing the theoretical aspects of legal issues, and the second is the non-doctrinal legal research that helps in discovering the practical problems and finding solutions for those legal problems.

Doctrinal legal research is one that is conducted on a legal proposition through the analysis of the existing provisions of the statutes and cases using the power of reasoning. This research is theoretical in nature as its detail legal concepts and principles are from various sources like legislation, precedents, and others to inspect them for reaching a valid conclusion.

In doctrinal legal research, the research is mainly a library-based study where statutes, judgements, magazines, articles, legal journals, and others could be found. Relevant information and data on a particular legal problem can be collected, and after going through them, it would be easier to reach a conclusion by critically analysing them. This research is done by following traditional legal research methods. This research helps in analysing, interpreting, and synthesising this information and data to answer a legal problem or to develop new legal theories.

Doctrinal legal research is done by thoroughly reading theoretical study materials that are present in a library. So it is a book-based examination of different statutes, legal books, laws, and other legal literature and journals to find an unambiguous solution to a legal proposition. It is mainly based on secondary sources of information, as it does not require fieldwork or experiments. It begins with several legal propositions at the beginning, and the entire inspection is focused on determining the soundness of the underlying hypothesis. Its objective is to gain knowledge from different legal documents and additional sources and utilise them for deducing an adequate response to the legal question through logical and rational reasoning and interpretation.

The sources that are mainly used in doctrinal legal research are conventional legal sources. The sources not only consist of statutes and enactments but also legal history, judicial pronouncements, reports of the committee, and so on. The Acts that have been passed by the Legislature also fall under this category of sources. The decisions and judgements of the various High Courts and the Supreme Court are also sources of doctrinal legal research. Sometimes, textbooks, commentaries, and periodicals are also referred to while doing doctrinal legal research, though they are not as authentic as original sources like the Acts, enactments, and cases that are published in authorised websites, books, articles, and journals.

Doctrinal legal research focuses on theoretical research, that is, library-based study. Since it is the most common methodology of legal research, it is used by most researchers. The purpose of doctrinal legal research is to analyse, develop, and apply legal ideas and principles. It is also useful for interpreting legal documents, which include statutes, case laws, treaties, and regulations. It also provides a detailed understanding of the legal concepts, doctrines, and principles. The process for doctrinal research methodology consists of various steps, which are as follows:

The main objective of non-doctrinal legal research is to provide insights into the complex inter-relationship of law and society and to find out the legal reforms and policies that can be used to promote greater justice and equity in society. It aims to study the workings of law in a social and cultural setting. It also tried to gain knowledge about how people use, understand, and follow a particular law in real life by observing and questioning them. It shows how a law is being practically implemented in the day-to-day lives of the individuals living in society.

Non-doctrinal legal research provides an adequate framework for determining the impact of the law on society and institutions. Primary data and information, or first-hand research, is required for analysis in non-doctrinal legal research methods. Primary data are collected through the following methods: such as observations, interviews, questionnaires, or schedules.

Non-doctrinal legal research focuses on field research. It is based on first-hand information. The information in this research was collected by observing and experimenting. The method includes surveys, interviews, questionnaires, and others. After the collection of data, it could be presented in the form of bar graphs, pie charts, and others. The process for doctrinal research methodology consists of various steps, which are as follows:

The doctrinal legal research and the non-doctrinal legal research are closely connected with one another. The legal research falls somewhere in between these two categories. In doctrinal legal research, legal doctrines and principles dominate the research work, while in non-doctrinal legal research, this legal doctrine is just a variable of the research work. A clear difference between them is not visible. Still, some distinctions can be made between these two types of legal research.

This article gives a complete understanding and a detailed comparison of doctrinal and non-doctrinal legal research. It shows the advantages as well as the shortcomings of both the legal research. While dealing with a legal problem, a researcher needs to know the background of that problem. So it is important for him to do both the doctrinal research work and the non-doctrinal research work to understand its root cause and gain in-depth knowledge about it. On one hand, doctrinal legal research provides a foundation for the problem by analysing all the existing legal materials and guidelines, and on the other hand, non-doctrinal legal research helps to broaden the perspective by exploring its impact on the real world. Therefore, it can be seen that the combined approaches of both legal research provide a more comprehensive understanding of law and its effect on the people of society. It will be easier for the researchers to first identify the areas, do a thorough inspection of a particular legal problem, and then finally provide measures for reformation after analysing all the information. Before providing a solution, he needs to examine the legal principles and doctrines through doctrinal legal research and the practical impact on the society where the law is in operation by following non-doctrinal legal research methods.

Therefore, both types of legal research are equally important to identify the strengths and loopholes of the law. Doctrinal as well as non-doctrinal legal research are required to find solutions to the emerging problems of society within the framework of law. Both studies must be given equal importance for the development and improvement of the laws and for solving legal issues from time to time. A combination of these two categories of research will be helpful in accomplishing the goals and objectives of the researchers in a proper manner. A researcher who has thorough knowledge and is aware of the benefits and shortcomings of these two types of legal research will take the necessary measures to equip themselves by using alternative research methodologies and with the necessary skills to enable themselves to comfortably meet their research objectives. Hence, it can be concluded that both doctrinal and non-doctrinal approaches contribute distinctively to the advancement of the law and legal practices. They act as an important factor, serving as a driving force behind positive societal change and equitable governance by providing justice to the people.

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