1.
Doctrinal Legal Research:
Also known as "black-letter law" research, doctrinal legal research focuses on examining the existing
body of law, including statutes, case law, regulations, and other legal principles. This type of research
aims to interpret, analyze, and synthesize legal rules and doctrines in order to understand their application
and development. It is largely based on formal sources of law and is typically used by legal professionals
to solve legal issues and provide authoritative interpretations.
Key Features of Doctrinal Legal Research:
Focus: Primarily on legal principles, rules, statutes, and case law.
Objective: To understand, explain, and apply the law to specific cases or scenarios.
Method: Analyzing statutes, judicial decisions, regulations, and legal commentary from
authoritative sources.
Outcome: Provides a comprehensive understanding of legal norms and principles.
Example: Researching the legal implications of a specific contract clause by analyzing relevant statutes
and case law.
2. Non-Doctrinal Legal Research:
Non-doctrinal legal research, often referred to as "socio-legal" or "empirical" research, goes beyond the
formal texts of law. It aims to understand the broader context of the law by studying its impact on society,
examining law's relationship with social, economic, and political factors, and exploring how the law
operates in practice. This type of research often involves interdisciplinary methods, including sociology,
economics, history, and political science.
Key Features of Non-Doctrinal Legal Research:
Focus: Broader socio-political, economic, and cultural context of law and its impact.
Objective: To understand how the law interacts with society and its practical effects on
individuals and communities.
Method: Empirical methods, qualitative and quantitative research, surveys, interviews, case
studies, historical analysis, etc.
Outcome: Insights into the practical workings of the law, including its effectiveness, fairness,
and social impact.
Example: Studying the impact of a new law on a particular social group, such as researching how a labor
law affects workers' rights in a specific region or industry.
Comparison:
Aspect Doctrinal Legal Research Non-Doctrinal Legal Research
Focus Legal principles, rules, case law, statutes Social, political, and economic context of law
Objective To interpret and apply the law To understand the impact of law on society
Methods Case law analysis, statutory Surveys, interviews, sociological studies, historical
Aspect Doctrinal Legal Research Non-Doctrinal Legal Research
interpretation analysis
Clarity on legal doctrines and their Insights into law's real-world impact and
Outcome
applications effectiveness
Nature Analytical, doctrinal Empirical, interdisciplinary
Both doctrinal and non-doctrinal research are essential for understanding and improving the law, each
serving a distinct purpose in legal scholarship and practice.
