Research in Law: Doctrinal Vs. Empirical
Research in law encompasses two main methodologies - doctrinal and empirical research. Doctrinal research delves into legal propositions using secondary data sources, while empirical research focuses on studying the social implications and impact of law on society through direct methods. Explore the key differences between these approaches, steps of formulation of research problems, major issues in health, environment, armed conflicts, and more.
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Presentation Transcript
Doctrinal Research: Research in Law. It studies the Legal Propositions based on Secondary Data of authorities such as Conventional Legal Theories, Laws, Statutory materials, Court Decisions. Example: Bail Provisions under Narcotic Drugs and Psychotropic Substances Act, 1985: A Critical Analysis Empirical Research: Research about Law. It studies the Social facts, Relationship of Law with those Facts, Impact of Law on Society. It is done through direct methods like Survey, Personal interviews, Questionnaire etc. Example: Abuse of Bail Provisions under Narcotic Drugs and Psychotropic Substances Act, 1985: A Study with reference to the Under Trials in Tihar Jail. 1
Differences between Doctrinal and Empirical Research S.No. DOCTRINAL EMPIRICAL 1 It is Theoretical Research. It is Field Study. 2 Based on Legal Propositions Based on Direct/Indirect Observation 3 Traditional Data like Text books, Precedents, Customary Laws, Conventions, Statutes is used Not Completely rely of Traditional data. Experience, Observation, Impact of Law on Society is studied 4 To Study Law, Procedures etc. To Study the Socio-Legal Issues 5 Non-Law Person can do the research Conceptual Framework and skills are required like Statistical Tools to interpret the data/analysis 6 Does not address the actual Social Behaviour The Study is done to address the Actual Social Behaviour demanded by the Society norm 2
Steps of Formulation of Research Problem 1. Realization of Problem. 2. Identification of Problem. 3. Analysis of Problem. 4. Statement of Problem. 5. Kinds of Problem. Current Issues: Covid-19 Protection And Controversial EIA Draft, Women s Safety, Drug Abuse, Waste Management, Draft Resolution on Love-Jihad cases, Farmers Protest, Rehabilitation after Health Infrastructure, Environment Nivar Disaster etc. 4
Major Issues Health and Environment. Armed Conflicts and Attacks. Business and Economy. International Relations and Governance. Politics and Elections. Science and Technology. Disasters and Accidents. Law and Crime. Society and Customary Laws. International Humanitarian Law and Human Rights. Law and Civil Disobedience. 5
