DIFFERENCE BETWEEN DOCTRINAL AND NON-DOCTRINAL RESEARCH AS PER JURISPRUDENCE
THE FOLLOWING TABLE OUTLINES THE DIFFERENCE BETWEEN DOCTRINAL AND NON-DOCTRINAL RESEARCH AS PER JURISPRUDENCE IN DETAIL:
Aspect | Doctrinal Research | Non-Doctrinal Research |
Definition | Focuses on legal doctrines, principles, and established laws. | Examines real-world legal practices, effects, and social implications. |
Objective | To analyze and interpret existing laws and legal theories. | To investigate how laws operate in practice and their impact on society. |
Methodology | Primarily analytical, involving critical examination of statutes, case law, and legal texts. | Empirical, using surveys, interviews, case studies, and observational methods. |
Nature of Data | Qualitative data is derived from legal texts, doctrines, and precedents. | Both qualitative and quantitative data from real-world contexts and human behavior. |
Outcome | Development of theoretical frameworks, principles, or critiques of legal doctrines. | Insights into the practical functioning of law, including effectiveness, enforcement, and societal implications. |
Examples | Analysis of constitutional provisions, interpretation of statutes, and critiques of legal theories. | Studies on the impact of legislation on marginalized communities, analysis of judicial behavior in courts. |
Relevance | Primarily relevant to legal scholars, practitioners, and theorists focusing on law as a system of rules. | Important for policymakers, social scientists, and practitioners interested in law’s real-world implications. |
Limitations | May lack practical application or relevance to contemporary issues; and can be overly theoretical. | Can be influenced by subjective interpretations and may lack rigorous legal analysis. |
Field Application | Commonly used in academic legal research, law reviews, and theoretical legal discourse. | Applied in law reform studies, legal sociology, and interdisciplinary research involving law and social sciences. |