Doctrinal and non doctrinal research. Doctrinal and Non Doctrinal Legal Research Notes 2022-12-30

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Doctrinal research and non-doctrinal research are two different approaches to conducting research in the fields of law, sociology, and other disciplines. Doctrinal research involves the study of existing legal rules, principles, and theories, while non-doctrinal research involves the study of real-world situations and experiences.

Doctrinal research is often associated with legal scholarship, as it involves the analysis of legal doctrine and the application of legal principles to specific cases or problems. This type of research typically involves a close reading of legal texts and cases, and may involve the use of legal concepts and theories to interpret and analyze the law. Doctrinal research is often used to contribute to the development of legal doctrine and to inform legal policy and practice.

Non-doctrinal research, on the other hand, involves the study of real-world situations and experiences, often using qualitative or quantitative methods. This type of research may involve the collection and analysis of data from interviews, surveys, or other sources in order to understand how people behave and make decisions in real-world situations. Non-doctrinal research may be used to inform policy and practice, but is not limited to legal or policy-related issues.

One advantage of doctrinal research is that it is often based on a well-established body of knowledge and can be used to build upon existing legal principles and theories. Doctrinal research can also be highly influential in shaping legal doctrine and policy. However, this type of research may be limited in its ability to address practical, real-world problems, as it is based on existing legal doctrine rather than direct observations of real-world situations.

Non-doctrinal research, on the other hand, is often more directly concerned with practical problems and can be used to inform policy and practice. This type of research is not limited by existing legal doctrine, and can be used to study a wide range of issues, including social, economic, and political phenomena. However, non-doctrinal research may be less influential in shaping legal doctrine, as it is not based on a specific body of legal knowledge.

In conclusion, doctrinal and non-doctrinal research are two different approaches to conducting research that are used in a variety of fields, including law and sociology. Doctrinal research involves the study of existing legal doctrine and theories, while non-doctrinal research involves the study of real-world situations and experiences. Both types of research can be valuable in different contexts, and can be used to inform policy and practice in a variety of fields.

(PDF) DOCTRINAL AND NON

doctrinal and non doctrinal research

Doctrinal legal research methodology, also called "black letter" methodology, focuses on the letter of the law rather than the law in action. What is the significance of doctrinal and non-doctrinal research? In short, doctrinal research is not therefore researching about law at all. But non-doctrinal research studies law in connection with society and various non-legal aspects that affect the law. But it is clear from the content and organization of the manual1 that empirical legal research methods are more obscured than elaborate. While in normal circumstances the same law might have been proved very useful for the economy. Thirdly, it provides quick answers to the problem as the researcher is continuously engaged in the exposition and analysis of legislation and case-law and the integration of statutory provisions and judicial pronouncements into a coherent and workable body of doctrine.

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What is doctrinal and non

doctrinal and non doctrinal research

The research may include collecting data about the condition of the domestic market and how it will affect it if the law becomes a reality. Quantitative research methods involve using numbers to measure data. At a similar time, the law had entered the academic field in Europe and doctrinal research picked up pace as it became a popular tool of academic legal research. After finding this methodological school, I will then examine the reasons that students or researchers might have for participating in social law research. Governments have also encouraged this field of research to bring out legislation that truly help people and also to judge how well they have performed. In addition, it gives the judges and lawyers the flexibility to approach law from different aspects and make its interpretation.

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Doctrinal and Non Doctrinal Legal Research Notes

doctrinal and non doctrinal research

All of these developments are linked to doctrinal research as without it the other parallel developments would have been incomplete. Therefore, it immensely contributes to the continuity, consistency, and certainty of law. Methodology is a comprehensive term and is broader than method. No use to give training to collect and use the sources. Non Doctrinal Research in Socio legal Perspective: WHY? Doctrinal research asks, what is the law in a particular case. Finding law on a particular subject is not an easy task as there may be various statutes involved and then further various rules and all, then from them taking out the specific rule or statute as the case may be. Statutory materials, subordinate legal materials and case laws constitute the primary resource.

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Doctrinal_and_Non_doctrinal_Research_blog.sigma-systems.com

doctrinal and non doctrinal research

Now, to conduct research different pathways can be adopted. The combination of the comparative method and judicial law refonn is then considered, as is the suggestive role of judges in law reform when judges suggest remedial action to the legislature. It is generally the process of checking for a legal precedent that can be cited in a brief or at trial. Legal positivism is the notion that law depends on social fact and that its merits do not and should not reflect its intrinsic nature1. Availability of funds poses another challenge. Last Update: October 15, 2022 This is a question our experts keep getting from time to time.

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What is Doctrinal and Non

doctrinal and non doctrinal research

Availability and choice of right and reliable sources is the bottleneck in doctrinal research. Virtually every lawsuit, appeal, criminal case, and the legal process usually requires some amount of legal research. Bouchrika 2021 The two words method and methodology should not be used interchangeably. A good lawyer will be aware of the advantages and disadvantages of any particular methodology and will be able to get better. You can click on this link and join: Follow us on. The researcher wants to know to what extent certain legal rules work or have worked. He therefore sticks pretty close to the primary source materials, to the Constitution where legal system have one , to legislation statutes, statutory instruments and to.

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Non

doctrinal and non doctrinal research

It has also helped in pointing out the loopholes in existing laws and statutes. It is concerned with legal prepositions and doctrines. Logical deduction is also an uphill task. Purpose and methodology The purpose of non-doctrinal research is to check the utility of a law that has been brought or how it impacts the non-legal aspects of society. It is all about searching and researching laws, their origin, their application and everything else that can have the slightest nexus with the legal sphere.

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What is doctrinal and non doctrinal research? Explained by FAQ Blog

doctrinal and non doctrinal research

Also known as, theory-testing or knowledge building research in the legal academia, it deals with studying existing laws, related cases and authoritative materials analytically on some specific matter. It can be a problem, policy, or a reform of the existing law. Here, fieldwork is the most important part of the research. Thus, the aim of this type of methodology is to make specific inquiries in order to identify specific pieces of information. They make no attempt to either explain, predict, or even understand human behavior, just to describe it.

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All about doctrinal and non

doctrinal and non doctrinal research

Non doctrinal research: The incentives 9. Legal research in particular dives deeper into the legal ocean. Mik delves into the. Similarly, experimental legal research in economics applies legal analysis, statistical inference, and economic modeling, to the core areas of national and international law, such as tort, property, contracts, criminal law, law enforcement, and litigation. It is socio-legal research. The collection of data can be a daunting task. What do you mean by non-doctrinal research? For example, if the government decides to introduce a framework law for all crimes committed against women, it can launch doctrinal research by some lawyers and experts in the field.

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