Made by Rahul Jain

MADE BY RAHUL JAIN
It is a theoretical research and it is pure in nature.

Conventional legal sources like reports of committees, legal
history, judicial pronouncements, facts passed by
legislature and parliament etc. are the sources of doctrinal
legal research.
A doctrinal research means a research that has been carried
out on legal propositions i.e. “Doctrinal Research asks what
the law is on particular issue. It is concerned with analysis
of the legal doctrine and how it has been developed and
applied. The topics involve in such research are limited or
restricted. Focal point of most of them is on the nature of
law; the theories behind particular substantive areas of law,
such as constitutional law, criminal law, torts or contract;
political or legal authority; the nature of rights, duty,
liability, justice etc. The theories of legal interpretation and
legal reasoning are also used by the researcher. In doctrinal
work the researcher examines concepts of law. This type of
research is also known as pure.”
Reads and analyses the material
Formulates a conclusion
Writes up the study result
 Conventional/Customary Legal Sources
 Text Books
 Case Laws published by authorized publisher
 Statutes, Enactments
 Periodicals,Web- portals, Websites etc.
 Reports of committees, Legal
 History, Judgements
 Commentaries
1. The study is mainly based on legal propositions
(i.e. The reason for the decision which is legally
binding and creates precedent).
2. The sources of data for a doctrinal researcher
are the reports of Appellate Courts and
conventional legal theory.
3. It is concerned with what the particular
doctrine of law says and not as what made the
authority to say so or what has been the impact
of that say.
 Empirical research is research using empirical
evidence. It is a way of gaining knowledge by
means of direct and indirect observation or
experience.
 Empirical evidence can be quantitatively or
qualitatively.
In legal field non-doctrinal research is also known
as socio-legal research. Conducting empirical
research in law is of recent origin. Empirical means
‘relying solely on observation and experiment, not
on theory'. The empirical research is carried out by
collection and gathering data or information
relating to universe by a first hand study. A legal
researcher undertaking or the people and
institutions supposedly regulated by law as the
focus of his study. Field work is usually required
for this type of Research.
1. It tries to find out the impact of non-legal
events upon the legal decision process.
2. It seeks to identify and appraise the degree of
variables which influence the outcome and
legal-decision making.
3. It tries to find out the effect of each decision on
people and society as such.
4. It lays different and lesser emphasis on
doctrine.
5. It seeks answer to broader and more numerous
questions.
1. Title
2. Objectives of the study
3. Formulation of Hypothesis
4. Methodology
5. Selection of sample
6. Sources of Data
7. Data Collection
8. Analysis and Interpretation of Data
9. Verification of findings
10. Conceptualization.
 Example- Uniform Civil Code
1. Title - Need of Uniform Civil Code in India
2. Objectives of the study- How far uniform civil code will be feasible in
India.
3. Formulation of Hypothesis – Uniform Civil Code will bring positive
change in Indian society.
4. Methodology – Empirical and Deductive method, Questionnaire for
educated and Schedules for uneducated people.
5. Selection of sample – Disproportionate stratified sampling technique.
6. Sources of Data - Both secondary and primary sources.
7. Data Collection-Secondary data from secondary sources. Questionnaire
and schedules to collect primary data.
8. Analysis and Interpretation of Data – Qualitative and Quantitative data
9. Verification of findings- The finding of research will be compared with
the result of previous similar studies.
10. Conceptualization- The generalization of findings may be stated in the
form of concept.
 Questionnaires
 Interviews
 Observation
 Focus Group Discussion
DOCTRINAL RESEARCH EMPIRICAL RESEARCH
1. Emphasis upon Legal 1. Lesser emphasis upon
Principles doctrines.
2. Not solely dependent on
2. Use traditional sources of data traditional or conventional
3. Any law trained person can do sources of data.
doctrinal research 3. Non-Doctrinal involves
particular skills, conceptual
4. Scholar seeks to answer one or framework and knowledge of
two legal propositions or other disciplines.
questions 4. Non-Doctrinal Research
5. It is a theoretical study involves number of questions
and large area.
5. It involves empirical (field)
study
1. In a doctrinal Research, the researcher is always
engaged in research work, analysis of case laws and
judicial pronouncements etc. unlike that in case of
non-doctrinal research. Also, doctrinal research is less
time consuming.
2. It provides the lawyers, judges and others with the
instruments needed to reach a legal decision.
3. Such a Research provides quick answers to the legal
problems.
4. Such a Research helps in pointing out the inbuilt
loopholes, gaps, ambiguities or inconsistencies in the
substantive law.
1. Doctrinal legal research is basically the result of
individual analysis of a researcher and the
perception of a legal fact of one researcher may
vary from another researcher. However, each of
these perceptions is equally convincing and
logical. Thus, doctrinal legal research is subjective
in nature.
2. In many cases it is seen that there is a gap between
the actual social behavior and the behavior
demanded by the legal norm. Doctrinal Research
does not address these gaps.
1. Non-doctrinal research enhances lawyer’s ability to
understand the implications and effects on the society.
2. It highlights the gap between legislative goals and
social reality and thereby depicts a true picture of law-
in-action.
3. It highlights the reasons behind making the law
‘symbolic’, less-effective or ineffective.
4. Legal researches can use social science methodologies
themselves to investigate issues, or they can
collaborate with skilled researchers from other
disciplines.
1. Financial support Is lacking.
2. Other disciplines had shed away from the study of
legal order has been shed away.
3. Due to their preoccupation with their profession, the
contributions of legal.
4. Legal researchers lack a tradition that enables them to
strengthen the empirical.

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Made by Rahul Jain

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MADE BY RAHUL JAIN

It is a theoretical research and it is pure in nature.

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