Doctrinal Legal Research
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The doctrinal method can expose differences among legal rules and institutions along with their psychological, social or philosophical difficulties.
“or to highlight the differences between various legal rules and institutions with their psychological, social or philosophical hitches.”
From Doctrinal Research in Law: Meaning, Scope and Methodology (2023) · cites this paper as Kharel (2018)
The doctrinal method can be used to construct legal theories.
“Apart from theory testing, it is also believed that the doctrinal methodology may conveniently be used to build legal theories.”
From Doctrinal Research in Law: Meaning, Scope and Methodology (2023) · cites this paper as Kharel (2018)
The doctrinal method can be applied in comparative and historical projects that have legal relevance.
“Kharel (2018) adds that the doctrinal methodology may be used in comparative and historical research projects having legal relevance”
From Doctrinal Research in Law: Meaning, Scope and Methodology (2023) · cites this paper as Kharel (2018)
The starting point of doctrinal study is the presence of a legal problem or issue.
“First, the proposed methodologies indicate that the beginning of the doctrinal legal research is the existing of a legal problem or issue.”
From Doctrinal Research in Law: Meaning, Scope and Methodology (2023) · cites this paper as Kharel (2018)
Researchers report their findings or conclusions and put forward recommendations.
“Fifth, a researcher should give his findings or conclusions regarding the legal issue under inquiry.”
From Doctrinal Research in Law: Meaning, Scope and Methodology (2023) · cites this paper as Kharel (2018)
After identifying the legal problem, researchers locate relevant laws from primary and secondary sources.
“Second, these methodologies reveal that a researcher must find the relevant legal material on the given legal problem.”
From Doctrinal Research in Law: Meaning, Scope and Methodology (2023) · cites this paper as Kharel (2018)
A researcher should systematically and carefully examine legal material to determine whether it fits the solution to a legal problem.
“Third, a researcher should systematically and carefully go through the legal material to determine the fitness of the solution of a legal problem or issue.”
From Doctrinal Research in Law: Meaning, Scope and Methodology (2023) · cites this paper as Kharel (2018)
Researchers systematically synthesize the relevant legal literature.
“Most important, the outcome of studying the numerous sources of law should result in systematic synthesis of the relevant legal literature.”
From Doctrinal Research in Law: Meaning, Scope and Methodology (2023) · cites this paper as Kharel (2018)
The methodologies proposed by different authors share common features that can be summarized in five points.
“The various methodologies suggested by various authors in the above paragraph reveal some common features of these methodologies which may be summarized in the following five points.”
From Doctrinal Research in Law: Meaning, Scope and Methodology (2023) · cites this paper as Kharel (2018)
Researchers analyze the legal problem dialectically in light of the available legal framework.
“Fourth, a researcher should analyze the legal issue dialectically and should support his conclusions or arguments in light of the legal doctrines, principles, norms or concepts.”
From Doctrinal Research in Law: Meaning, Scope and Methodology (2023) · cites this paper as Kharel (2018)
Cites
Defining and Describing What We Do: Doctrinal Legal Research
Hutchinson, T., & Duncan, N. (2012) · Deakin Law Review · doi:10.21153/dlr2012vol17no1art70 · Cited by 515 · see citing works
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Doctrinal Research in Law: Meaning, Scope and Methodology
Majeed, N., Hilal, A., & Khan, A. N. (2023) · Bulletin of Business and Economics (BBE) · doi:10.61506/01.00167 · Cited by 26 · see citing works
“Kharel (2018) holds the view that the doctrinal methodology is an appropriate device to build legal theories since the process involves clarifying the law and how different parts of law fit together.”
BackgroundInfluential
- Authors
- Kharel, A.
- Affiliations
- Tribhuvan University (NP)
- Corresponding author
- Kharel, Amrit
- Venue
- SSRN Electronic Journal
- Publisher
- Elsevier BV
- Published
- 2018
- ISSN
- 1556-5068 (ISSN-L)
- OpenAlex
- W2811396399
- Cited by
- 41
- References
- 1
- Citations by year
- 2026: 2 · 2025: 2 · 2024: 3 · 2023: 8 · 2022: 8 · 2021: 10 · 2020: 6 · 2019: 2
- Type
- posted content
- Language
- en
- Open access
- green
- doi.org
- Locations
- SSRN Electronic Journal (publishedVersion)
- Topics
- Social Sciences › Law › Legal Studies and Policies
- Social Sciences › Law › Comparative and International Law Studies
- Social Sciences › Political Science and International Relations › Comparative constitutional jurisprudence studies
- Keywords
- legal positivism, legal reasoning, legal theory
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