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Cited by 40Legal Studies and PoliciesComparative and International Law StudiesLegal Studies and Reforms

Legal Research- Descriptive Analysis on Doctrinal Methodology

Open access
M.D., Pradeep·2019·International Journal of Management, Technology, and Social Sciences
DOI 10.47992/ijmts.2581.6012.0075
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Abstract

Human beings possess instinct of inquisitiveness in cases of confronting with the unknown aspects of life which probe to attain greater understanding on such uncertainty. This inquisitiveness is the method which man employs for obtaining knowledge is termed as research. It is the art of scientific enquiry into new facts conducted in any branch of knowledge. Generally, Research is the movement from the known towards the unknown to be called as the voyage of discovery. It originally contributes to the existing stock of knowledge facilitating its advancement. Truth is pursued with the help of study, observation, comparison and experiment. Systematic study of the law through doctrinal and non-doctrinal research methods considers to be the socio-legal studies aiming to analyze the impact of legal mechanism on the social system. This paper introduces into the fundamentals of legal research, socio-legal studies, conceptual framework on doctrinal research, steps of doctrinal studies, limitations and differences between doctrinal and non-doctrinal legal research methods.

Integrity signals

Registry

Crossref · 10.47992/ijmts.2581.6012.0075

Cites

13 of 13 references verified0 citation errors · 0 not checkable

Statistics

Nothing to recompute.

Claims the paper makes

0 of 8 cited sources checked · 0 supported · 0 flagged

  • Premisecitation

    Doctrinal research enables lawyers and scholars to conduct comparative study with broader abstraction over a legal problem.

    “Doctrinal research allows the lawyers and scholars to undertake comparative study with broader abstraction over the legal problem [8].”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [8] 8. John C. Reitz. (1998). How to do Comparative Law?. American Journal of Comparative Law, 46, 625-626. source

      Not checked in the free run.

  • Premisecitation

    Doctrinal study does not ordinarily test hypotheses in the way non-doctrinal studies do.

    “Doctrinal study don not ordinarily test the hypothesis as like it is done in the Non doctrinal studies [7].”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [7] 7. Anwarul Yaqin (2008). Legal Research and Writing Methods'. Lexis Nexis, Reed Elsevere Indian Pvt. Ltd., Haryana, India, 29.

      Couldn’t be matched to a paper in Crossref, so it can’t be checked.

  • Classified as probably not a substantial claim. 20
  • May combine two claims. 3

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation

    The difference between everyday generalization and the scientific method lies in the degree of formality, rigorousness, verifiability and general validity.

    “But main difference between the day to day generalization and scientific method lies upon the existing degree of formality, rigorousness, verifiability and general validity [2].”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [2] 2. Lundberg, George A. (1942). Social Research-A Study in Methods of Gathering Data. Longmans, Green & Co, 2 nd Edition, New York.

      Not checked in the free run.

  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning

    Doctrinal research leaves a research gap that can only be filled by non-doctrinal studies exploring the relationship between law and society.

    “Doctrinal Research generates research gap which could only be filled through conducting non doctrinal studies exploring the relationship between law and society.”
    Quote in the paperNot a substantial claim

  • Classified as probably not a substantial claim.

    Interpretationnone given

    Theoretical outcomes of doctrinal research, being conservative, do not expose the implications of law for the social system.

    “Theoretical outcome derived from the doctrinal research being so conservative will not expose the implications of law over social system.”
    Quote in the paperSubstantial claim

  • Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing). May combine two claims.

    Premisecitation

    Doctrine is the synthesis of rules, principles, norms and values that justify a segment of law and is presumed to form part of general law.

    “Doctrine is known to be the synthesis of rules, principles, norms and values which justify any segment of law and presumes to be a part of general law [5].”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [5] 5. Terry Hutchinson & Nigel Duncan (2012). Defining and Describing What We Do: Doctrinal Legal Research. Deakin Law Review, 17(1), 84.

      Not checked in the free run.

  • Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

    Premisereasoning

    Doctrinal research is the traditional source of legal research because legal professionals depended heavily on it to draw logical conclusions on legal matters.

    “Doctrinal Research is established as the traditional source of Research in law since Law professionals were intensively dependent on it to derive logical conclusions on legal matters.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisenone given

    Doctrinal studies seek unknown facts by reviewing legal materials to reach conclusions on legal system matters, policies, laws and judicial judgments, without relying on primary field study.

    “Doctrinal studies deal with searching unknown facts with the help of review of legal materials to conclude on the matters connected to legal system, policies, laws and judgments of the judiciary without depending on primary study from the field.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S2 (checkable).

    Premisenone given

    Because law originates and operates within society, studying law in isolation is meaningless.

    “Since law originates and functions within the society studying it in the isolation has no meaning.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).

    Premisecitation

    Research is structured inquiry that uses acceptable scientific methodology to solve problems by producing universally acceptable knowledge.

    “Research is considered to be the structured inquiry with acceptable scientific methodology to solve problems by creating knowledge which is universally acceptable [1].”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [1] 1. Grinnell, Richard (1993). Social Work, Research and Evaluation. Itasca Illinois, F.E. Peacock Publishers, 3 rd Edition.

      Not checked in the free run.

  • Classified as probably not a substantial claim.

    Interpretationreasoning

    A researcher's failure to collect the most relevant authentic literature from primary and secondary sources renders the research findings null.

    “Any lack by the researcher in his effort to collect most relevant literature both from primary and secondary sources having authenticity turns the research findings to be null.”
    Quote in the paperSubstantial claim

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation

    Legal doctrine presents law as a coherent network of principles, rules and exceptions at levels of abstraction.

    “Legal doctrine presents the law as a coherent net of principles, rules and exceptions long the levels of abstraction even though the system is coherent always [9].”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [9] 9. Pecznick, A. (2001). A Theory of Legal Doctrine. Ratio Juris, 14(1), 75-105.

      Not checked in the free run.

  • Classified as probably not a substantial claim.

    Premisereasoning

    The credibility of doctrinal outcomes depends heavily on the type of legal materials from which the conclusions are drawn.

    “Therefore, the credibility of the doctrinal outcomes depends highly on the type of legal materials upon which the conclusions are derived.”
    Quote in the paperSubstantial claim

  • Classified as probably not a substantial claim. May combine two claims.

    Interpretationnone given

    Doctrinal methodology treats law as operating in isolation in a vacuum, whereas in reality law operates within the social system.

    “Doctrinal methodology presumes law in isolation to be operative in vacuum but in reality, law operates within the social system.”
    Quote in the paperSubstantial claim

  • Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

    Interpretationnone given

    The credibility of doctrinal research depends on the availability of literature.

    “The credibility of the doctrinal research depends on the availability of literature.”
    Quote in the paperNot a substantial claim

  • Classified as probably not a substantial claim.

    Premisenone given

    Doctrinal legal research verifies a hypothesis through first-hand study of authoritative sources.

    “the doctrinal legal research attempts to verify the hypothesis by a first-hand study of authoritative sources.”
    Quote in the paperSubstantial claim

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Premisecitation

    Doctrinal research reasons and reaches conclusions by rationally observing the propositions that legal institutions have pronounced on the basis of the case laws they decided.

    “The Doctrinal Research performs legal way of thinking or derive conclusions upon rational observations by analysing the propositions pronounced by the legal institutions on the basis of case laws it has decided [6].”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [6] 6. Myneni S. R. (2014). Legal Research Methodology. Allahabad Law Agency, Faridabad, 40.

      Not checked in the free run.

  • Probably not a substantial claim: may not pass S4 (based).

    Premisenone given

    Doctrinal studies offer solutions to most legal problems at minimum cost and time by analysing established doctrines, policies and court decisions through scientific and efficient methodology.

    “Doctrinal studies propose identical solutions to most of the problems connected to law with minimum expenditure and time after analysing the synthesis of well-established doctrines, polices and court decisions through scientific, reasonable and efficient methodology.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S2 (checkable).

    Interpretationreasoning

    Integrating social research with legal research is necessary for better administration of society.

    “Integration of social and legal research is essential for creating better administration of the society.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).

    Premisecitation

    Law is a system that represents theories, doctrines, principles, rules, guidelines and exceptions at different levels of contextual abstraction.

    “Law is a system of representing inherent theories, doctrines, principles, rules, guidelines and exceptions at different contextual abstraction [18].”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites [18] 18. Burns K & Hutchinson T. (2009). The impact of Empirical Facts on Legal Scholarship and Legal Research Training. The Law Teacher, 43(2), 153-178. source

      Not checked in the free run.

  • Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

    Interpretationreasoning

    Doctrinal research using projective or predictive methodologies to measure social acceptance, legal-social connectivity and the impact of law on public welfare contributes to effective administration of justice.

    “Doctrinal Research with projective or predictive methodologies analysing the established doctrines and authoritative sources to measure the social acceptance, legal-social connectivity, impact of law over public welfare essentially contributes in the development of effective administration of justice which is the virtue of human life.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S3 (load-bearing).

    Interpretationreasoning

    The outcomes of doctrinal research are predictable because it relies on established sources of legal materials.

    “The research outcomes are predictable since it relies on the established sources of legal materials.”
    Quote in the paperNot a substantial claim
20 of 20

  • The paper relies on this without support.

    Law governs society and is produced through a legislative decision-making process that is subject to public acceptance.

    “Law governs the society which is produced through legislative decision making process subjected to the public acceptance.”

  • The paper relies on this without support.

    The failure of law to function in its social context during the nineteenth and first half of the twentieth century gave rise to the socio-legal approach to studying law.

    “The non-functionality of law in the social context in the nineteenth and first half of the twentieth century lead for the emergence of newer approach to study law by socio-legal research.”
2 of 2

Self-check

Percentages, sums and reported differences re-computed from the paper’s own numbers.

Each contradiction between two passages listed here was confirmed by an independent check.

  • Citation 22 has no reference entry

    Minor

    The conclusion cites reference 22, but the provided reference list ends at 21.

  • Bluebook citation points to a different reference

    Minor

    The citation-format discussion points to reference 16, which is a Feldman article. The reference list identifies the Bluebook as reference 15.

2 of 2

Cites

Flagged first, then by citations

Research works printed but not linked: 7

  1. Holmes jr O.W. (1897). The Path of Law.Harvard Law Review, 457- 469.
  2. Black, James A. & Dean J. Champion (1976). Methods and Issues in Social Research. John Wiley & Sons, Inc., New York.
  3. Kerlinger, Fred N. (1986). Foundations of Behavioural Research. Holt, Rinehart and Winston, 3rd Edition, New York.
  4. Martin, David W., (1985). Doing Psychological Experiments. Brooks/Cole Publishing Company Monterey, California, 2 nd Edition.
  5. Harvard Law Review Association (1926). The Bluebook: Uniform system of Citation. Harvard Law Review, Harvard.
  6. Pecznick A. (2001). A Theory of Legal Doctrine. Ratio Juris, 14(1), 75–105. · DOI · Paper page
  7. Ashish Kumar Singhal & Ikramuddin Malik. (2012). Doctrinal and Socio-legal Methods of Research: Merits and Demerits. Educational Research Journal, 2(7), 252- 256.

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Authors
M.D., P.
Affiliations
Alliance University (IN)
Corresponding author
M.D., Pradeep
ORCID
M.D., Pradeep
Venue
International Journal of Management, Technology, and Social Sciences
Publisher
Srinivas University
Published
2019-12-06
Pages
95-103
ISSN
2581-6012 (ISSN-L)
DOI
10.47992/ijmts.2581.6012.0075
OpenAlex
W3107207073
Cited by
40
References
13
Citations by year
2026: 3 · 2025: 5 · 2024: 8 · 2023: 19 · 2022: 4 · 2021: 1
FWCI
10.93
Type
journal article
Language
en
Open access
Licence
Locations
  • International Journal of Management Technology and Social Sciences (publishedVersion, cc-by)
  • SSRN Electronic Journal (submittedVersion)
Topics
  • Social Sciences › Law › Legal Studies and Policies
  • Social Sciences › Law › Comparative and International Law Studies
  • Social Sciences › Political Science and International Relations › Legal Studies and Reforms
Keywords
legal research, law and society, legal methodology, legal knowledge acquisition, research limitations

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