Doctrinal and Non-Doctrinal Legal Research

Legal research forms the foundation of any effective legal study, helping us to understand, interpret, and analyse legal concepts and principles. For legal scholars, law students, and practitioners, research is essential for exploring the legal system, addressing practical issues, and improving legal knowledge. There are two main types of legal research methodologies in the field: doctrinal research and non-doctrinal research. This article explores each approach, its purposes, differences, methodologies, and examples, offering a complete understanding of how both types contribute to the scope of legal research.

What is Doctrinal Research?

Doctrinal research is often referred to as the traditional or theoretical approach to legal research. The doctrinal method of research involves analysing existing legal principles, doctrines, statutes, and case laws to develop a comprehensive understanding of a legal issue. This approach focuses on interpreting the “black letter” law—analysing how statutes, regulations, and judicial decisions establish legal doctrines and rules.

The term “doctrinal research” is rooted in the word “doctrine,” which refers to established legal principles or theories. In doctrinal research in law, researchers examine legal texts, judgements, and scholarly articles to organise, interpret, and critique the body of law on a given topic. This method is commonly used to clarify legal meanings, provide an understanding of established rules, and offer interpretations that can guide courts, lawyers, and lawmakers.

Characteristics of Doctrinal Research

Doctrinal research has several key characteristics that define its scope and purpose:

1. Library-Based: Doctrinal research relies heavily on secondary sources, such as legal texts, law reviews, case summaries, and statutes. This research is generally done in libraries or online, utilising existing written resources.
2. Theoretical Focus: The doctrinal method of research is focused on analysing legal theories rather than real-world observations or practical applications. It seeks to understand the theoretical underpinnings of legal rules and doctrines.
3. Analysis of Legal Concepts: It involves the systematic study of specific legal principles, arranging and categorising legal information to find consistent interpretations and solutions to legal questions.
4. Normative Character: Doctrinal research also has a normative nature, focusing on what the law is rather than how it affects society. It aims to maintain the coherence of legal rules and preserve consistency in legal interpretations.
5. Precedent-Based: This research often relies on case law and judicial precedents to support its conclusions, helping to maintain continuity within the legal system.

Doctrinal Research Methodology

The doctrinal research methodology includes several steps that help researchers systematically examine legal principles:

1. Identifying the Research Problem: The first step is to define the research problem or question, such as exploring the interpretation of a legal principle or understanding a specific legal doctrine.
2. Collecting Legal Sources: Doctrinal research involves gathering legal texts, statutes, judicial opinions, and secondary sources, such as legal journals and commentaries. The primary focus is on finding relevant legal resources.
3. Analysing Legal Texts: Once the sources are collected, researchers analyse these texts to interpret the meaning, scope, and implications of the legal rules and doctrines.
4. Synthesising Legal Principles: The information collected is then synthesised to develop a coherent understanding of the law. Researchers look for patterns, similarities, and differences within legal concepts.
5. Arriving at a Conclusion: The final step in doctrinal research is to reach a conclusion or offer a new interpretation based on the analysis. This step may involve proposing amendments to legal doctrines or suggesting new frameworks.

Purpose and Benefits of Doctrinal Research

The doctrinal method serves several key purposes in the legal field:

• Interpretation and Clarification: It helps in interpreting existing laws and statutes, offering clarity to complex legal principles.
• Guidance for Legal Decision-Making: Doctrinal research is beneficial for legal practitioners, as it provides guidance on applying legal rules in real cases.
• Consistency and Predictability: By relying on precedents and established doctrines, doctrinal research maintains consistency within the legal system.
• Foundation for Further Research: Doctrinal research lays the groundwork for future studies and serves as a reference point for other types of research.

Examples of Doctrinal Research in Law

Doctrinal research can be used in various ways:

• Analysing a Legal Doctrine: For instance, studying the “rule of law” doctrine by analysing relevant cases and statutory interpretations.
• Examining Case Law: Analysing a series of court judgements to understand the evolution of a specific legal principle.
• Evaluating Statutory Provisions: Reviewing statutory provisions to assess their implications, like studying laws on environmental protection and their application in court cases.

What is Non-Doctrinal Legal Research?

Unlike doctrinal research, non-doctrinal legal research (or empirical research) focuses on the real-world impact of laws and legal policies on society. Non-doctrinal research in law goes beyond the text and analyses how legal principles work in practical settings. This approach often involves collecting primary data through surveys, interviews, and observations, enabling researchers to assess the social, economic, and cultural implications of legal rules.

This research methodology is valuable for understanding the effectiveness of laws, discovering gaps in existing policies, and providing feedback to lawmakers. It’s also known as socio-legal research because it investigates the social effects of legal issues and examines how legal systems and laws function in everyday life.

Characteristics of Non-Doctrinal Research

Non-doctrinal research is defined by the following characteristics:

1. Field-Based: Non-doctrinal research relies on primary data collection, such as surveys and interviews, making it field-oriented.
2. Practical Orientation: This research is aimed at understanding how laws affect individuals, communities, and societies.
3. Focus on Real-World Issues: Unlike doctrinal research, it considers the social, political, and economic implications of legal rules, exploring the intersection of law and society.
4. Interdisciplinary Approach: Non-doctrinal research often involves knowledge from other fields, such as sociology, psychology, and political science, to provide a holistic understanding of the law.

Non-Doctrinal Research Methodology

The non-doctrinal research methodology involves several steps, from identifying a real-world legal issue to analysing primary data:

1. Defining the Research Question: Non-doctrinal research starts with identifying a research problem that requires practical insight, such as investigating the societal impact of criminal justice reforms.
2. Data Collection: Data is collected through surveys, interviews, case studies, and direct observation, providing first-hand information on how legal issues affect people.
3. Data Classification: Once the data is collected, it is classified into categories for easy analysis, ensuring the research is organised.
4. Data Analysis: The information gathered is analysed to understand patterns, behaviours, or attitudes. For instance, researchers might analyse survey results on public opinions about specific laws.
5. Drawing Conclusions: The findings of the research are used to address the research question and propose reforms or policy suggestions.

Purpose and Benefits of Non-Doctrinal Research

Non-doctrinal legal research has numerous purposes and advantages:

• Understanding Social Impact: This research method assesses the social consequences of laws, examining how they influence behaviour.
• Policy Development: The insights from non-doctrinal research can help lawmakers draft laws that better meet societal needs.
• Addressing Practical Problems: Non-doctrinal research provides solutions to legal problems that arise in real-life scenarios.
• Adapting Laws to Society: It ensures that laws are effective and adaptable by evaluating their impact and relevance in the community.

Examples of Non-Doctrinal Legal Research

Non-doctrinal research is commonly applied in various practical scenarios:

• Studying the Impact of Legal Reforms: For example, researching the effectiveness of recent reforms in domestic violence laws.
• Evaluating Community Perceptions of Law: Conducting surveys to understand public opinions about the criminal justice system.
• Investigating Human Rights Violations: Using interviews and field studies to assess the effects of human rights laws in specific regions.

Difference Between Doctrinal and Non-Doctrinal Research

The difference between doctrinal and non-doctrinal legal research lies in its methodologies, purposes, sources, and applications within the field of law. These two approaches offer distinct perspectives and are used by legal scholars, practitioners, and policymakers to understand, analyse, and apply the law more effectively. Here’s a closer look at the differences between them:

Focus and Purpose

• Doctrinal Research: Doctrinal legal research is primarily concerned with analysing legal doctrines, rules, and principles. It seeks to interpret, clarify, and organise legal texts and principles within a given legal framework. The purpose is often to provide a clear understanding of what the law says, identify precedents, and apply them consistently across similar cases. This approach focuses on established legal sources and is sometimes called “black-letter law” because it centres on existing written law.
• Non-Doctrinal Research: Non-doctrinal research, on the other hand, is practical and empirical. Its purpose is to understand the social, economic, and cultural impact of the law. It explores how legal principles function in society, analysing their effectiveness, accessibility, and real-world implications. Non-doctrinal research examines how people are affected by laws and includes empirical studies, such as surveys, interviews, and case studies.

Data Source and Collection Method

• Doctrinal Research: This research type relies on secondary sources such as statutes, case law, textbooks, and academic articles. Researchers use a library-based or desk-based approach, relying on legal texts, judicial decisions, and scholarly commentary. The method does not require fieldwork or interaction with the public, as it’s grounded in existing documentation.
• Non-Doctrinal Research: In contrast, non-doctrinal research uses primary data collected through fieldwork. Researchers gather data directly from people, cases, and social settings by conducting surveys, interviews, and observations. Non-doctrinal research involves going beyond the library to understand how laws impact individuals and communities.

Orientation: Theoretical vs. Empirical

• Doctrinal Research: The doctrinal method is theoretical, focusing on the interpretation and application of legal rules. It provides legal clarity by analysing and categorising laws but does not investigate the real-world effects of these laws on people.
• Non-Doctrinal Research: This approach is empirical and socially oriented. It studies the actual impact of laws on society, including economic, social, and political influences. It often includes insights from social sciences, making it interdisciplinary and grounded in real-world experiences.

Scope and Application

• Doctrinal Research: Doctrinal research is narrower, focusing on a specific legal doctrine or principle. It is primarily used by courts, lawyers, and scholars to provide clarity and consistency in legal interpretations and judgements. It is also foundational for understanding legal systems and building arguments in legal cases.
• Non-Doctrinal Research: Non-doctrinal research has a broader scope, as it considers the law within the social, cultural, and economic contexts. It informs policymakers and legislators, providing feedback for drafting new laws or revising existing ones based on societal needs.

Training and Skills Required

• Doctrinal Research: This research method typically does not require specialised training beyond knowledge of legal texts and reasoning. It is suitable for legal professionals who interpret laws based on written resources.
• Non-Doctrinal Research: This approach often requires interdisciplinary skills, including knowledge of social science research methods, data analysis, and fieldwork. It requires special training to design and conduct empirical studies, analyse findings, and understand social behaviour.

Importance of Combining Doctrinal and Non-Doctrinal Research

Both doctrinal and non-doctrinal research are essential for a comprehensive understanding of legal issues. Doctrinal research provides a foundation by organising and clarifying existing legal principles, while non-doctrinal research adds a practical perspective by evaluating the impact of these principles on society. Together, these methods can offer well-rounded insights into both theoretical and practical aspects of law, helping researchers identify and address gaps in the legal system.

Kinds of Legal Research

In addition to doctrinal and non-doctrinal research, legal research can be categorised in other ways, including:

• Comparative Legal Research: Comparing legal principles across different jurisdictions to find similarities and differences.
• Historical Legal Research: Studying the history and evolution of legal principles and laws.
• Applied Legal Research: Focusing on applying legal theories to specific issues or cases.

Conclusion

Doctrinal and non-doctrinal legal research play pivotal roles in the legal system. By focusing on theoretical principles, doctrinal research brings structure, consistency, and clarity to the law. Non-doctrinal research, on the other hand, contributes practical insights, revealing how laws affect society and how they can be improved. Both approaches have their unique merits, and the combination of these methodologies provides a thorough understanding of the law, benefiting legal professionals, lawmakers, and society at large. Whether it’s refining doctrines through doctrinal research or adapting policies with non-doctrinal insights, each method has a crucial place in the field of legal studies, making the legal system more effective, adaptable, and just.