Doctrinal and Non doctrinal Research

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DOCTRINAL AND NON-DOCTRINAL LEGAL RESEARCH: Meaning of Doctrinal Research: 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. According to S.N. Jain, doctrinal research involves analysis of case law, arranging, ordering and systematising legal propositions and study of legal institutions through legal reasoning or rational deduction. This type of research is also known as pure theoretical research. It mainly focuses on the nature of law and legal authority; the theories behind particular substantive areas of law, such as torts or contracts; and the nature of rights, justice and political…show more content…
Non-doctrinal research, also known as socio-legal research is a legal research that employs methods taken from other disciplines to generate empirical data to answer research questions. It can be problem, policy or law reform based. Non-doctrinal approach allows the researcher to perform inter disciplinary research where he analyses law from the perspective of other sciences and employs these sciences in the formulation of the law. It is valuable in revealing and explaining the practices and procedures of legal, regulatory, redress and dispute resolution systems and the impact of legal phenomena on a range of social institutions, on business and on citizens. The methods like observation, interview, questionnaire, survey and case study are used to discover the human conduct. All inquiries are not suitable to empirical methods. Any inquiry whose objective is to determine what is good and what is evil cannot be empirically tested. Research into the value system and moral questions are also not amenable to empirical methods. The empirical research is mainly concerned with the legal decision process, i.e., researcher’s attention is on variables that influence the decision and the impact of the decisions on the society. The empirical research may be defined as research into relationship of law with other behaviroural sciences. Here, more importance is given to people, social values
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