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Cited by 26Legal Studies and PoliciesComparative and International Law StudiesLegal Language and Interpretation

Doctrinal Research in Law: Meaning, Scope and Methodology

Open access
Majeed, Nasir, Hilal, Amjad, Khan, Arshad Nawaz·2023·Bulletin of Business and Economics (BBE)
DOI 10.61506/01.00167
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Abstract

The doctrinal legal research has been the dominant and most influential research methods in law. The purpose of the present study was twofold; to explore the scope and to analyze the methodologies of doctrinal legal research. After analyzing the systematically selected literature, the present study found that doctrinal research is concerned with methodically finding, examining, explaining and justifying the enacted legal framework. In addition, the doctrinal research was also used to predict the future development in law. Moreover, the study found that doctrinal research methodology was used by legal and non-legal researchers. The study also found that the beginning of the doctrinal legal research is the presence of a legal problem which is followed by finding the relevant legal material including statutory law, constitutional provision pertaining to the problem, by laws, judicial decisions, commentaries of the analysts, encyclopedias and dictionaries. The study further found that after finding the relevant legal material, a researcher is required to analyze the legal material to determine the fitness of the problem or to suggest the solution of legal problem. Further to that, a researcher should also synthesize the legal material to highlight the inconsistencies between enacted legislation and fundamentals legal norms and principles of the legal system. The study also found that a doctrinal research study is concluded by reporting the findings and the recommendations.

AI snapshot

Written from the paper’s full text.

TL;DR

This article reviews doctrinal legal research, arguing that it remains the dominant method in legal scholarship and mapping its scope and methodology. It synthesizes prior definitions and methodological proposals into a general framework that begins with a legal problem, examines primary and secondary legal materials, analyzes and synthesizes them, and ends with findings and recommendations.

Key findings

  • Doctrinal research is described as the prevailing method in legal scholarship; it involves systematically locating, examining, explaining, and justifying enacted law, and can also forecast future legal development. It relies on primary sources such as legislation and judicial decisions, and secondary sources such as dictionaries, books, articles, and encyclopedias.
  • The paper reports that doctrinal methodology is used by legal and non-legal researchers, including teachers, students, judges, practitioners, and social scientists. Uses include describing, interpreting, commenting on, and synthesizing law; testing or building legal theory; comparative and historical work; and proposing solutions to legal problems.
  • From prior methodological accounts, the paper identifies common stages: start with a legal problem; find relevant legal material; analyze it to test fit or solve the problem; synthesize it to expose inconsistencies between enacted legislation and fundamental legal norms; and report findings and recommendations. It proposes a seven-step framework covering problem identification, research questions, locating primary and secondary materials, analysis, synthesis, and reporting findings with recommendations.
  • The paper notes criticisms that doctrinal research is uncritical, theoretical, technical, and that it ignores political and social significance behind legal frameworks.

Methods

  • This is a conceptual, literature-based doctrinal review. It analyzes systematically selected literature to answer two questions: what is the scope of doctrinal research, and what is an appropriate methodology for doing it.
  • No empirical sample, data collection, or statistical analysis is reported. The study synthesizes definitions and prior methodological frameworks and proposes a general abstract framework for doctrinal research.

Limitations

  • Stated: the paper reports external criticisms that doctrinal research is uncritical, theoretical, technical, and disregards political and social context; it also notes that problem-based doctrinal methodology may attract skepticism from academic and research communities.
  • Evident from the text: no explicit limitations section is provided, and the review does not describe its literature-selection criteria or empirically validate the proposed framework.

Model-written summary. Check it against the paper before relying on it.

Integrity signals

Registry

Crossref · 10.61506/01.00167

Cites

30 of 30 references verified0 citation errors · 0 not checkable

Statistics

Nothing to recompute.

Claims the paper makes

7 of 40 cited sources checked · 0 supported · 0 flagged · accuracy not yet measured

  • Premisecitation

    Doctrinal legal research has been the leading and most impactful method in legal scholarship.

    “The doctrinal legal research has been the dominant and most influential research methods in law.”
    • Also stated in: § 2.1. what is doctrinal research · plain
      “The doctrinal research has been and is the most dominant legal research methodology in the past and present (Manderson and Mohr, 2002).”
    Quote in the paperNot a substantial claim1 of 1 sources checked
    • cites Manderson and Mohr, 2002 source

      In “I Diagnosis: The disjunction of law and research” (page not supplied), the authors say doctrinal scholarship has had a “tenacious hold on legal minds,” supporting its influence. But “II Prognosis: The intersection of law and research” reports that only 20% of surveyed doctoral projects in Australian law schools were doctrinal, so the paper does not support calling it the dominant method in research being done there. (LLM, conf=0.86)

      Experimental — accuracy not yet measured
  • Findingreasoning

    Prior scholarship on doctrinal research fails to specify its scope precisely.

    “However, these studies do not exactly point out the scope of the doctrinal research.”
    Quote in the paperSubstantial claim
    • Rests on an assumption: The literature selected for review is representative of the broader literature on doctrinal research.
  • Findingown data

    A doctrinal study starts when a legal issue is identified.

    “The study also found that the beginning of the doctrinal legal research is the presence of a legal problem”
    Quote in the paperNot a substantial claim
    • Rests on an assumption: The literature selected for review is representative of the broader literature on doctrinal research.
  • Findingreasoning

    Prior scholarship does not provide a broad framework for conducting doctrinal research projects.

    “Moreover, these studies do not offer a general framework for doing doctrinal research projects.”
    Quote in the paperSubstantial claim
    • Rests on an assumption: The literature selected for review is representative of the broader literature on doctrinal research.
  • Findingnone given

    Doctrinal research can forecast how the law may evolve.

    “In addition, the doctrinal research was also used to predict the future development in law.”
    • Also stated in: § 2.1. what is doctrinal research · hedged
      “Six, the findings of doctrinal research may also predict the future development in the law.”
    Quote in the paperSubstantial claim
    • Rests on an assumption: The literature selected for review is representative of the broader literature on doctrinal research.
  • Classified as probably not a substantial claim. 73
  • May combine two claims. 10

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

    Premisecitation

    The doctrinal method examines links between principles, rules and concepts in order to resolve ambiguities and fill legal gaps.

    “but also it is used to examine the connection among principles, rules and concepts to settle the ambiguities and to fill the gap in law.”
    Quote in the paperNot a substantial claim1 of 1 sources checked
    • cites Smits (2017) source

      The available indexed passages are bibliographic records (no substantive section or page text). Searches for principles, rules and concepts, ambiguities, and legal gaps found no passage addressing the claimed method, so our copy cannot verify it. (LLM, conf=0.72)

      Experimental — accuracy not yet measured

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

    Premisecitation

    The doctrinal method is used to clarify legal concepts and principles in a systematic way.

    “this methodology is not only used to systematically elucidate the various legal concepts and principles”
    Quote in the paperNot a substantial claim1 of 1 sources checked
    • cites Smits (2017) source

      The indexed passages have no section or page labels and contain bibliographic information, not the chapter’s discussion of doctrinal methods. Searches for systematic clarification of legal concepts and principles returned no passage addressing that claim, so it cannot be verified from our copy. (LLM, conf=0.72)

      Experimental — accuracy not yet measured

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

    Premisecitation

    Researchers use legal doctrines in doctrinal research to justify legal norms, the legal system, and existing law.

    “Similarly, the researchers use legal doctrines in doctrinal research to justify the legal norms, legal system and the existing law (Smits, 2017).”
    Quote in the paperNot a substantial claim1 of 1 sources checked
    • cites Smits, 2017 source

      The retrieved passages are bibliographic records for Smits’s chapter (pp. 207–228), not passages discussing its argument. Searches for justification of legal norms, the legal system, and existing law found no passage in our copy that addresses the claim. (LLM, conf=0.72)

      Experimental — accuracy not yet measured

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

    Premisecitation

    Law students and teachers in both civil-law and common-law jurisdictions employ the doctrinal method.

    “Smits (2017) is of the view that this methodology is being used by the students and teachers from the discipline of law from civil as well as common law countries”
    Quote in the paperNot a substantial claim1 of 1 sources checked
    • cites Smits (2017) source

      The passages available from our copy are bibliographic records (no chapter section or page text). Searches for students and teachers, civil-law and common-law jurisdictions, and use of the doctrinal method returned no substantive passage addressing the claim. (LLM, conf=0.70)

      Experimental — accuracy not yet measured

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

    Premisecitation

    The doctrinal method is used to locate relevant laws for a specific legal issue.

    “he also added that this methodology was used to search the relevant laws for a particular legal issue.”
    Quote in the paperNot a substantial claim1 of 1 sources checked
    • cites Smits (2017) source

      The available passages contain bibliographic information, not the chapter’s discussion of doctrinal method. Searches for identifying relevant laws for a particular legal issue returned no passage addressing that claim, so our copy cannot verify it. (LLM, conf=0.76)

      Experimental — accuracy not yet measured

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

    Premisecitation

    Doctrinal research on laws and legal doctrines goes beyond theoretical interest and also describes practical solutions to scattered or conflicting laws and doctrines coherently.

    “The description of laws and legal doctrines in doctrinal research is not limited to theoretical interests only but it also involves the description of practical solutions of scattered or conflicting laws, and legal doctrines in a coherent manner (Smits, 2017).”
    Quote in the paperNot a substantial claim1 of 1 sources checked
    • cites Smits, 2017 source

      The available passages contain bibliographic metadata for Smits’s chapter, not its discussion of doctrinal research. Searches for practical solutions to conflicting laws and for the aims of legal-dogmatic research returned no passage addressing the claim. (LLM, conf=0.72)

      Experimental — accuracy not yet measured

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

    Findingreasoning

    Having collected the relevant sources, the researcher examines them to assess whether the issue is well framed or to propose a legal solution.

    “after finding the relevant legal material, a researcher is required to analyze the legal material to determine the fitness of the problem or to suggest the solution of legal problem.”
    Quote in the paperSubstantial claim
    • Rests on an assumption: The literature selected for review is representative of the broader literature on doctrinal research.

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

    Findingreasoning

    Doctrinal research seeks to uncover new facts through scrutiny of legal sources.

    “Third, doctrinal research is concerned with discovering new facts by examining the legal material.”
    Quote in the paperNot a substantial claim
    • Rests on an assumption: The literature selected for review is representative of the broader literature on doctrinal research.

  • Classified as probably not a substantial claim.

    Findingreasoning

    Doctrinal research depends exclusively on legal sources.

    “Lastly, this type of research only relies on the legal material.”
    Quote in the paperSubstantial claim
    • Rests on an assumption: The literature selected for review is representative of the broader literature on doctrinal research.

  • Classified as probably not a substantial claim.

    Findingreasoning

    Doctrinal research serves to clarify legal principles and doctrines.

    “Second, this research was used to explain the various legal principles and doctrines.”
    Quote in the paperSubstantial claim
    • Rests on an assumption: The literature selected for review is representative of the broader literature on doctrinal research.

  • Classified as probably not a substantial claim.

    Findingown data

    Doctrinal research involves systematically locating, scrutinising, clarifying and defending the body of enacted law.

    “the present study found that doctrinal research is concerned with methodically finding, examining, explaining and justifying the enacted legal framework.”
    Quote in the paperSubstantial claim
    • Rests on an assumption: The literature selected for review is representative of the broader literature on doctrinal research.

  • Classified as probably not a substantial claim.

    Findingnone given

    Once a legal issue is identified, the researcher gathers pertinent legal sources such as legislation, constitutional clauses, subordinate laws, court rulings, scholarly commentaries, encyclopedias and dictionaries.

    “which is followed by finding the relevant legal material including statutory law, constitutional provision pertaining to the problem, by laws, judicial decisions, commentaries of the analysts, encyclopedias and dictionaries.”
    Quote in the paperSubstantial claim
    • Rests on an assumption: The literature selected for review is representative of the broader literature on doctrinal research.

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

    Findingnone given

    When examining law, doctrinal research disregards social, economic and political factors.

    “Seven, the doctrinal research does not take into account the social, economic and political factors while studying the law.”
    Quote in the paperNot a substantial claim
    • Rests on an assumption: The literature selected for review is representative of the broader literature on doctrinal research.

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

    Findingown data

    A doctrinal study ends with a report of its results and suggested recommendations.

    “The study also found that a doctrinal research study is concluded by reporting the findings and the recommendations.”
    Quote in the paperNot a substantial claim
    • Rests on an assumption: The literature selected for review is representative of the broader literature on doctrinal research.

  • Classified as probably not a substantial claim.

    Findingreasoning

    Doctrinal research draws conclusions about the legal system without using empirical methods.

    “Fourth, this type of research is used to reach conclusions about the legal system without relying on the empirical methods.”
    Quote in the paperSubstantial claim
    • Rests on an assumption: The literature selected for review is representative of the broader literature on doctrinal research.

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

    Findingnone given

    The researcher should also integrate the legal sources to expose conflicts between enacted statutes and the core norms and principles of the legal order.

    “Further to that, a researcher should also synthesize the legal material to highlight the inconsistencies between enacted legislation and fundamentals legal norms and principles of the legal system.”
    Quote in the paperNot a substantial claim
    • Rests on an assumption: The literature selected for review is representative of the broader literature on doctrinal research.

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

    Findingnone given

    Doctrinal research data can come from primary sources, such as legislation and court decisions, and secondary sources, such as dictionaries, books or articles, and encyclopedias.

    “The data in the doctrinal research may be collected from primary and secondary sources.The primary sources include legislative text (primary and secondary legislation) and the judicial decisions.On the other hand, the secondary sources include dictionaries (legal and English) legal writing in”
    Quote in the paperNot a substantial claim
    • Rests on an assumption: The literature selected for review is representative of the broader literature on doctrinal research.

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

    Findingcitation

    Many legal professionals have conducted traditional doctrinal research for diverse purposes.

    “The review of the literature reveals that the traditional doctrinal research has been and is carried out by numerous legal professional and for variety of purposes.”
    Quote in the paperNot a substantial claim
    • Rests on an assumption: The literature selected for review is representative of the broader literature on doctrinal research.

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

    Premisecitation

    Doctrinal research can be used to describe or locate the laws governing a specific situation.

    “To him, this type of legal research may be carried out to describe or find the applicable laws on particular situation”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Mark (2011)

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

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

    Premisecitation

    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.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Kharel (2018) source

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

    Premisecitation

    Doctrinal research can be used to synthesize legal material.

    “to synthesis the law”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Mark (2011)

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

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

    Interpretationnone given

    Legal researchers build and test legal theories by using doctrinal research.

    “Correspondingly, the legal researchers build and test various legal theories by deploying the doctrinal research.”
    Quote in the paperNot a substantial claim

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

    Premisecitation

    Doctrinal research can be used to build theory.

    “and for theory building”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Mark (2011)

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

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

    Premisecitation

    Legal propositions for doctrinal analysis can be drawn from appellate decisions, traditional legal theories, and primary and secondary legislative and judicial reports.

    “He added that the propositions may be extracted from the appellate court's decisions, traditional legal theories, primary and secondary legislative and judicial reports.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Myneni (2012)

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

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

    Premisecitation

    Doctrinal research can be used to comment on legislation.

    “to comment on the laws”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Mark (2011)

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

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

    Premisecitation

    The doctrinal method can address practical legal problems.

    “Likewise, Taekema and Klink (2011) and Burg (2019) believe that the methodology may be used to solve the practical legal issues.”
    Quote in the paperNot a substantial claim0 of 2 sources checked
    • cites Taekema and Klink (2011)
    • cites Burg (2019)

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

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

    Premisenone given

    Various researchers have divided the methodology of doctrinal research into internal and external research.

    “Similarly, various researchers have also sub-divided the methodology of doctrinal research into two forms; the internal and external research.”
    Quote in the paperNot a substantial claim

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

    Premisecitation

    The doctrinal method is used to analyse legal propositions and concepts.

    “Myneni (2012) is of the view that the doctrinal research methodology is also used to analyze the legal propositions and concepts.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Myneni (2012)

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

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

    Interpretationnone given

    Non-legal researchers do not give priority to doctrinal methodology in studies involving analysis of law.

    “However, they do not give priority to this methodology in such studies.”
    Quote in the paperNot a substantial claim

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

    Interpretationnone given

    Researchers from other disciplines use doctrinal methodology to provide contextual background in joint research projects conducted by law and other discipline people.

    “Similarly, the researchers from other disciplines use doctrinal methodology to give contextual background in joint research projects conducted by the people from law and other discipline.”
    Quote in the paperNot a substantial claim

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

    Premisecitation

    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.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Kharel (2018) source

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

    Interpretationnone given

    Legal researchers use doctrinal methodology in every type of legal research, including historical and comparative studies.

    “The discussion also show that the legal researchers use this methodology in every type of legal research like historical and comparative studies.”
    Quote in the paperNot a substantial claim

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

    Interpretationreasoning

    Legal researchers use doctrinal methodology to argue whether a particular law is consistent with fundamental legal principles and norms.

    “The researchers use this methodology when they have to argue that whether a particular law is in consistent with the fundamental legal principles and norms.”
    Quote in the paperNot a substantial claim

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

    Premisecitation

    Lawyers and scholars use doctrinal research in comparative studies to better understand legal issues.

    “For instance, Reitz, (1998) pointed out that this research is carried out by lawyers and scholars for comparative studies to have broader understanding of the legal issues.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Reitz, (1998) source

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

    Interpretationreasoning

    Doctrinal research has a prescriptive character for the judiciary, legislators, and executive.

    “Likewise, the doctrinal research is also of prescriptive nature for the judiciary, legislators and the executive.”
    Quote in the paperNot a substantial claim
    • Rests on an assumption: Researchers use legal doctrines to provide a normative course of conduct for judges, executives, and lawmakers in particular situations.

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

    Premisecitation

    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”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Kharel (2018) source

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

    Interpretationnone given

    Legal researchers use doctrinal research to propose solutions to legal problems.

    “Similarly, the legal researchers use doctrinal research when they have to propose solution of legal problems.”
    Quote in the paperNot a substantial claim

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

    Interpretationnone given

    Various researchers have acknowledged that doctrinal methodology can be used in various social science research methods.

    “It is significant to discuss that various researchers have acknowledged that the doctrinal methodology may be used in various types of research methods or methodologies of social sciences.”
    Quote in the paperNot a substantial claim

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

    Premisecitation

    Doctrinal research can be used to interpret legislation.

    “to interpret the laws”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Mark (2011)

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

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

    Interpretationnone given

    Social scientists use doctrinal methodology with other disciplines such as philosophy, sociology, psychology, and political science.

    “In addition, the social scientists also use this methodology with other disciplines like philosophy, sociology, psychology and political science.”
    Quote in the paperNot a substantial claim

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

    Interpretationnone given

    Legal researchers rely on doctrinal methodology to highlight inconsistencies between different legal rules or norms.

    “Moreover, the legal researchers rely on this methodology to highlight the inconsistencies between different legal rules or norms or to describe the connection between rules, principles, concepts and norms.”
    Quote in the paperNot a substantial claim

  • Classified as probably not a substantial claim.

    Interpretationreasoning

    The variety of types and users of doctrinal research requires variation in research methodology.

    “The variety of the types and doers of doctrinal research necessitates the variation in research methodology.”
    Quote in the paperSubstantial claim

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

    Premisecitation

    The doctrinal method can be used to test theories.

    “Similarly, Vranken (2010) identified another area where the doctrinal methodology may be used and that is the theory testing.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Vranken (2010)

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

    Interpretationnone given

    Legal researchers find doctrinal methodology suitable for synthesizing legislative, judicial, and academic literature on a particular area of law.

    “Similarly, the legal researchers find this methodology as suitable when they have to synthesis the legislative, judicial and academic literature on particular area of law.”
    Quote in the paperNot a substantial claim

  • Classified as probably not a substantial claim.

    Interpretationnone given

    Legal researchers use doctrinal methodology for describing, explaining, interpreting, and commenting on law.

    “The legal researchers use this methodology for variety of purposes including describing the law, explaining the law, interpreting the law, and commenting on law.”
    Quote in the paperSubstantial claim

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

    Premisecitation

    The doctrinal method is used to evaluate whether law meets the fundamental norms of legal systems.

    “Similarly, Shukla (2023) points out that the doctrinal methodology is used to asses the quality of law whether it confirms with the basic norms of the legal systems.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Shukla (2023) source

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

    Interpretationreasoning

    Legal researchers rely on doctrinal methodology to describe connections between rules, principles, concepts, and norms.

    “Moreover, the legal researchers rely on this methodology to highlight the inconsistencies between different legal rules or norms or to describe the connection between rules, principles, concepts and norms.”
    Quote in the paperNot a substantial claim

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

    Premisecitation

    Doctrinal research can be used to resolve existing legal problems.

    “to find the solutions of the existing legal problems”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Mark (2011)

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

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

    Premisenone given

    Researchers propose five steps for conducting problem-based doctrinal research.

    “The researchers propose five steps to conclude this type of research in doctrinal studies.”
    Quote in the paperNot a substantial claim

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

    Interpretationreasoning

    Both legal and non-legal researchers have employed doctrinal methodology.

    “Moreover, the discussion also reveals that the doctrinal methodology has been used by legal and non-legal researchers.”
    Quote in the paperNot a substantial claim

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

    Premisecitation

    Unlike empirical research, doctrinal research addresses only what the law is and seeks to develop legal doctrines for the legal community.

    “To Chynoweth (2011), the doctrinal research is different from empirical research in a sense that it is only concerned with addressing the research question dealing with what is the law and is meant to learn and advance the legal doctrines for the legal community.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Chynoweth (2011)

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

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

    Interpretationnone given

    Doctrinal research serves to ascertain the legal position of factual propositions.

    “Equally, the doctrinal research is used to understand the legal status of the factual propositions.”
    Quote in the paperNot a substantial claim

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

    Interpretationnone given

    Researchers in social science incorporate doctrinal methods into qualitative or quantitative projects.

    “Similarly, the researchers from social science also include doctrinal methods in their qualitative or quantitative research projects.”
    Quote in the paperNot a substantial claim

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

    Premisecitation

    The doctrinal method confirms existing legal knowledge and can therefore test prevailing legal theories.

    “He believes that this methodology is concerned with confirming the existing legal knowledge which indicates that this methodology may be and is used by researcher to test the prevailing legal theories.”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Vranken (2010)

  • May combine two claims.

    Interpretationreasoning

    Doctrinal research can be used to investigate the past and to predict future developments in law.

    “The discussion also shows that the doctrinal research may be used to search the past as well as it may be used to predict the future advancement in the law.”
    Quote in the paperNot a substantial claim

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

    Premisecitation

    Comparative research matters because it allows countries to learn from other nations or legal systems.

    “The comparative research is significant since it enables the countries to learn from other countries or legal systems (Ngwoke, Mbano, & Helynn,2023).”
    Quote in the paperNot a substantial claim0 of 1 sources checked
    • cites Ngwoke, Mbano, & Helynn,2023

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

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

    Interpretationnone given

    The scope of traditional doctrinal research has expanded over time.

    “The scope of the traditional doctrinal research has been widened over the years.”
    Quote in the paperNot a substantial claim

  • Classified as probably not a substantial claim.

    Interpretationreasoning

    Legal professionals use doctrinal methodology to highlight inconsistencies between enacted laws and legal norms.

    “The legal fraternity deploy this methodology to find the law, to explain the law, to develop or test legal theories, to highlight the inconsistencies between enacted laws and legal norms, and to suggest the solutions of legal problems.”
    Quote in the paperSubstantial claim

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

    Interpretationcitation

    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.”
    • Also stated in: § 4. Conclusions · plain
      “reports his findings or conclusions and put forward the recommendations.”
    Quote in the paperSubstantial claim0 of 2 sources checked
    • cites Kharel (2018) source
    • cites Sealy (2005)

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

  • Classified as probably not a substantial claim.

    Interpretationreasoning

    Legal professionals use doctrinal methodology to develop or test legal theories.

    “The legal fraternity deploy this methodology to find the law, to explain the law, to develop or test legal theories, to highlight the inconsistencies between enacted laws and legal norms, and to suggest the solutions of legal problems.”
    Quote in the paperSubstantial claim

  • Classified as probably not a substantial claim.

    Interpretationreasoning

    Legal professionals use doctrinal methodology to explain the law.

    “The legal fraternity deploy this methodology to find the law, to explain the law, to develop or test legal theories, to highlight the inconsistencies between enacted laws and legal norms, and to suggest the solutions of legal problems.”
    Quote in the paperSubstantial claim

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

    Interpretationreasoning

    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.”
    Quote in the paperNot a substantial claim0 of 2 sources checked
    • cites Kharel (2018) source
    • cites Sealy (2005)

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

  • Classified as probably not a substantial claim.

    Interpretationreasoning

    Legal professionals use doctrinal methodology to find the law.

    “The legal fraternity deploy this methodology to find the law, to explain the law, to develop or test legal theories, to highlight the inconsistencies between enacted laws and legal norms, and to suggest the solutions of legal problems.”
    Quote in the paperSubstantial claim

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

    Interpretationnone given

    Doctrinal analysis is the main and defining feature of academic legal research.

    “Doctrinal analysis is the overriding and defining characteristics of academic legal research.”
    Quote in the paperNot a substantial claim

  • Classified as probably not a substantial claim.

    Interpretationcitation

    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.”
    • Also stated in: § 4. Conclusions · plain
      “systematically synthesis the legal literature”
    Quote in the paperSubstantial claim0 of 2 sources checked
    • cites Kharel (2018) source
    • cites Sealy (2005)

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

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

    Interpretationcitation

    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.”
    Quote in the paperNot a substantial claim0 of 2 sources checked
    • cites Kharel (2018) source
    • cites Sealy (2005)

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

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

    Interpretationnone given

    Researchers outside law use doctrinal methodology in all types of research to provide contextual background.

    “On the other hand, the researcher from outside the discipline of law use doctrinal research methodology in all types of research to give the contextual background to their research studies.”
    Quote in the paperNot a substantial claim

  • Probably not a substantial claim: may not pass S4 (based). May combine two claims.

    Interpretationnone given

    Although the procedure and productivity of doctrinal research differ, the basic research methodology is similar.

    “Though the procedure and the productivity of the doctrinal research is different, yet, the basic research methodology is alike.”
    Quote in the paperNot a substantial claim

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

    Interpretationnone given

    Legal researchers include doctrinal method even in non-legal research studies.

    “In addition, the legal researchers also include the doctrinal research method even when they do non-legal research studies.”
    Quote in the paperNot a substantial claim

  • Classified as probably not a substantial claim.

    Interpretationcitation

    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.”
    • Also stated in: § 4. Conclusions · plain
      “analyze the problem dialectically in the light of the available legal framework”
    Quote in the paperSubstantial claim0 of 2 sources checked
    • cites Kharel (2018) source
    • cites Sealy (2005)

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

  • Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based).

    Interpretationnone given

    The depth of study of legal sources determines the depth of the research project.

    “A researcher must study the legal sources in depth since it will determine the depth of his research project.”
    Quote in the paperNot a substantial claim

  • Classified as probably not a substantial claim.

    Interpretationreasoning

    Legal professionals use doctrinal methodology to suggest solutions to legal problems.

    “The legal fraternity deploy this methodology to find the law, to explain the law, to develop or test legal theories, to highlight the inconsistencies between enacted laws and legal norms, and to suggest the solutions of legal problems.”
    Quote in the paperSubstantial claim

  • Classified as probably not a substantial claim.

    Interpretationcitation

    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.”
    • Also stated in: § 4. Conclusions · plain
      “After that, the researchers find the relevant laws from primary and secondary sources of law”
    Quote in the paperSubstantial claim0 of 2 sources checked
    • cites Kharel (2018) source
    • cites Sealy (2005)

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

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

    Interpretationnone given

    A researcher should highlight how the legal problem may affect the legal system generally and a specific area of law particularly.

    “A researcher should also highlight that how the legal problem may affect the legal system in general and a specific area of law in particular.”
    Quote in the paperNot a substantial claim
74 of 74

  • The paper relies on this without support.

    The literature selected for review is representative of the broader literature on doctrinal research.

    “After analyzing the systematically selected literature”
    “The review of the literature reveals”

  • The paper relies on this without support.

    The intended audience of traditional doctrinal research is already immersed in legal culture and therefore understands legal standards deeply.

    “The intended audience has been immersed in the legal framework and culture, and hence possesses a deep understanding of legal standards.”

  • The paper relies on this without support.

    Doctrinal research methodology is used to describe the prevailing law or legal doctrines on particular subjects or institutions in a neutral and consistent way.

    “The doctrinal research methodology is used to describe neutrally and consistently the prevailing law or legal doctrines concerning with particular subjects or institutions.”

  • The paper relies on this without support.

    Practitioners such as lawyers, judges, and students typically employ problem-based doctrinal methodology to resolve a current legal issue.

    “As far as the problem based doctrinal research methodology is concerned, it is generally used by practitioners including lawyers, judges and students to solve an existing legal problem.”

  • The paper relies on this without support.

    Researchers use legal doctrines to provide a normative course of conduct for judges, executives, and lawmakers in particular situations.

    “The researcher use the legal doctrines to provide the normative course i.e. how to behave in a particular situation to the judges, executive and the lawmakers.”
5 of 5

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.

  • Five-step method lists six stages

    Minor

    The passage calls this a five-step method, but its list contains six stages: collecting facts, categorizing issues, analyzing issues, locating sources, synthesizing sources, and drawing conclusions.

  • Campbell and Wiles citation years differ

    Minor

    The discussion cites Campbell and Wiles as a 1976 source, while the reference list gives their work a 1975 date.

2 of 2

Cites

Flagged first, then by citations

1 of the 31 references couldn’t be matched to a known paper.

Research works printed but not linked: 6

  1. Abbott, L., Anderson, J., Anton, D. K., Baker, K., Barnes, J., Barton, G., ... & Thorpe, D. (2010). Australian law dictionary. Oxford University Press.
  2. Agrawala, R. (1982). Indian Legal Research: An Evolutionary and Perspective Analysis. Journal of the Indian Law Institute, 24(2/3), 470-513.
  3. Chynoweth, P. (2011). Chapter 3–Legal Research. Ruddock & Knight (eds).
  4. Chynoweth, P. Chapter 3–Legal Research. Ruddock & Knight (eds).
  5. Cotterrell, R. (1998). Why must legal ideas be interpreted sociologically?. Journal of law and society, 25(2), 171-192. · DOI
  6. Ngwoke, R. A., Mbano, I. P., & Helynn, O. (2023). A critical appraisal of doctrinal and Non-doctrinal legal research methodologies in contemporary times. International Journal of Civil Law and Legal Research, 3(1), 08-17.

Cited by

Sorted by citations

Related

Authors
Majeed, N., Hilal, A., & Khan, A. N.
Affiliations
  • University of Gujrat (PK)
  • University of Swat (PK)
  • Quaid-i-Azam University (PK)
Venue
Bulletin of Business and Economics (BBE)
Publisher
Research for Humanity (Private) Limited
Published
2023-12-25
Volume
12
Issue
4
Pages
559-563
ISSN
  • 2409-9368 (ISSN-L)
  • 2414-1771
DOI
10.61506/01.00167
OpenAlex
W4392872791
Semantic Scholar
5a184c1889fbc3b7740246e8d8ca7915fba41fdb
Cited by
26
References
31
Citations by year
2026: 16 · 2025: 9 · 2024: 1
FWCI
46.51
Type
journal article
Language
en
Open access
Locations
  • Bulletin of Business and Economics (BBE) (publishedVersion)
  • RePEc: Research Papers in Economics (submittedVersion)
Topics
  • Social Sciences › Law › Legal Studies and Policies
  • Social Sciences › Law › Comparative and International Law Studies
  • Social Sciences › Law › Legal Language and Interpretation
Keywords
legal research methodology, legal problem solving, statutory law, judicial decisions, legal principles, legal inconsistency, legal prediction

About these checks

Registry, retraction, Cites and statistics results are computed, not judged, with one exception: a printed reference that no index lists is read once by a model before it counts as a citation error. Claims are extracted by a model and kept only when their quote appears verbatim in the text; each cited source is then checked, with a model’s help, for whether it says what the claim relies on. Those verdicts can be wrong — read the claim’s quote and the cited source before relying on one.

Claims read by deepseek-v4.1-flash under definition version 3 (extract-v3) on 2026-10-01.

Classified by jev-1.13-20260917 (gold-guideline-v0.2) on 2026-10-01.

Cited sources are checked by gpt-6-sol.

Statistics and arithmetic are recomputed, not judged.

Confidence bands are shown only for fields calibrated on our annotated test set. None is calibrated yet, so no band is shown.

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