DOCTRINAL AND NONDOCTRINAL RESEARCH By Parth Sabharwal 3

DOCTRINAL AND NONDOCTRINAL RESEARCH By: Parth Sabharwal (3 rd year law student, UPES)

What is Research? ◦ To research means to study existing information on a particular topic either to describe it or produce a new idea from it. ◦ Legal research studies the law, either to describe it or to analyse its effects, enforcement, merits, etc. ◦ Legal Research is broadly conducted in two ways: 1. Doctrinal Research method 2. Non- Doctrinal Research method

Doctrinal Research ◦ Doctrine is a rule or principle of law established through repeated application of legal precedents. ◦ Doctrinal research is conducted to find out ‘What is the law? ’ on a particular issue. It is concerned with finding the law, analysing it and understanding the logical reasoning behind it. ◦ It is concerned with what a particular legal doctrine says and not why the doctrine was made and what is its impact. ◦ For example, a research on proposition of prevention against double jeopardy, under criminal law, would begin with locating the law in constitution, and criminal law materials. On the basis of the analysis of the same he may frame his set of formulations.

Sources of Doctrinal Research ◦ Conventional legal sources ◦ Textbooks ◦ Case laws ◦ Statutes ◦ Committee reports ◦ Case Commentaries ◦ Websites ◦ Legal History ◦ Judgements

Advantages of Doctrinal Research ◦ Less time consuming as it provides quick answers to the practical problems at hand by analyzing the legal principles, concepts and doctrines. ◦ gives insights into the evolution and development of the law. ◦ It helps in incrimination of legal knowledge base. ◦ It offers a logical explanation to the law and at the same time also highlights inconsistencies and uncertainties in the law ◦ reveals gaps ambiguities and inconsistencies in the law ◦ Future direction of the law can be predicted on the basis of such studies

Limitations of Doctrinal Research ◦ It is subjective in nature, as the perception of legal fact by one researcher may be different from other. ◦ The gap between actual social behaviour and legally demanded behaviour is not addressed ◦ neglects the factors that lie outside the strict brackets of law, which might have a bearing upon the legal principle, theory or doctrine ◦ The actual practice and attitudes of people who are the functionaries and those who implement the law (Judges, Lawyers, Police officers, etc. ) is also not taken into account

Non- Doctrinal Research ◦ Non- doctrinal research is also referred to as empirical or socio-legal research. For legal topics which have a social angle to it, it is not enough to only find what the law is but it is important to determine through empirical data how law and legal institutions affect or mould human attitudes and what is their impact on the society they create. ◦ Empirical means relying on observation and experiment and not theory. Field work is usually required to carry out empirical research. ◦ For example, a research on the proposition “Have India’s fake news legislations succeeded in curbing fake news ? ” cannot be undertaken merely by stating what the law is but the research must aim to answer what has been the impact of the law.

Sources of Non- Doctrinal Research ◦ Questionnaires ◦ Interviews ◦ Surveys ◦ Observations ◦ Experiments ◦ Focus Group Discussion

Research Design for Non-Doctrinal Research ◦ Title ◦ Objective of the study ◦ Formulation of hypothesis ◦ Methodology ◦ Selection of sample ◦ Sources of data ◦ Data collection ◦ Analysis and interpretation of data ◦ Verification of findings ◦ Conceptualization

Advantages of Non-Doctrinal Research ◦ Enhances ability to understand the implications and effects of law in the society. ◦ Highlights the gap between actual social behaviour and legally demanded behaviour and depicts a true picture. ◦ Serves as a significant resource in the form of a social feedback to policy framers, legislators and judiciary so that they can better enforce, legislate and interpret the law. ◦ It shapes social legislations in tune with the social engineering doctrine of the modern state.

Limitations of Non-Doctrinal Research ◦ More time consuming and also costly. ◦ Specialized skill set is required to operate different data collection tools and to analyse the data collected. ◦ The researcher must have good knowledge of various legal doctrines and concepts as he has to build upon the bedrock of doctrinal research

Distinction between Doctrinal and Non. Doctrinal Research DOCTRINAL NON- DOCTRINAL More emphasis on legal principles and doctrines Less emphasis on legal principles and doctrines Traditional sources of data collection are used First hand data is collected through interviews, questionnaires, etc. Any person can conduct doctrinal research. Particular skills, knowledge and specialization is required. Less time consuming as the research aims Aims to answer more number of legal to answer one or two legal questions in a large area hence requires more time. Theoretical Study Empirical (field) Study

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