Understanding Research: Meaning, Importance, and Types in Legal Studies
Explore the essence of research, its significance in legal studies, and the distinction between doctrinal and non-doctrinal research methodologies.
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Mastering the Art of Legal Research Your Ultimate Guide to Conducting Effective Legal Research
Added on 09/26/2024
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Speaker 1: The first part that is research and meaning, research its meaning and types. So firstly, this slide, you know, gives you the answer of two questions that is what is research and why do you do research? The first part that is in blue, it tells you what research is, it is the creation of new knowledge and or the use of existing knowledge in a new and creative ways so as to generate new concepts, methodologies and understanding. So basically, what is research? Research is, you know, a process whereby you gather the information you have or find new information, look for new information to create, you know, much better concepts and, you know, progress in a particular field. And why do you do research? Legal research allows you to get more clarity about the issue at hand and anticipate different arguments that you may come up if you're going to court or while you're writing your research paper and it also gives you so much confidence to present your case. Now, if you do not say you're a, you know, advocate and you do not do proper research about, you know, the facts of a case or whatever you can argue on, then when you go to the court, you'll feel very little confident and, you know, how the more confident you feel, the more confident your client will feel and the more empowering you'll feel, right? However, without proper research, nothing of this is possible. So, that is why we do legal research to get clarity about the issue at hand and to anticipate different arguments that you might come up with and the one who is against you might come up with. Now, types. Now, broadly speaking, research can be classified into two types. The first is doctrinal and the second is non-doctrinal. Once you understand the difference between doctrinal and non-doctrinal research, you'll, you know, understand how you must do research. Firstly, coming to the doctrinal research, here the central question of inquiry is what is the law on a particular issue? It is concerned with the finding of the law, rigorously analyzing it and coming up with logical reasoning behind it. Therefore, it is, therefore this immensely contributes to the community consistency and certainty of law. So basically, doctrinal research is all about the theory, okay? It is based on books, it is based on the, you know, already written material that you have. You read it, you analyze everything that each and every author has written, you analyze how, you know, how that law has come into force and what was the reason of the law. Okay, that is what you do in doctrinal research. Whereas the non-doctrinal research that is also known as social legal research, it is more of a field research, okay? It employs, you know, other disciples, such as you take science, psychology, you take biology, you take chemistry, everything comes into, you know, in connection with law and then you do non-doctrinal research, okay? It can be a problem, policy or a reform of the existing law for which you are searching answers. When you are using non-doctrinal research, you generate empirical data that answers your research questions. So now the major difference that one can understand is doctrinal research is completely based on all the written material that you already have, whereas non-doctrinal research helps you gather information, not just from the particular books, but from the field as well. It is a social legal research. So social legal means that it takes impact from all the social things happening around you and law. Now we will look at the differences. Say, I hope you will all be comfortable with a little bit of Hindi. So when we see the difference between doctrinal and non-doctrinal, we better be able to understand which kind of research or which kind of methodology I need to apply while writing my research paper. So first let's talk about doctrinal research. So doctrinal research is a theoretical research. It is based on secondary sources of information like articles, committees, books, etc. And it is also known as the library-based armchair research method because you don't have to go into the field this time. Doctrinal research is more concerned with the question of what is law and exclusively studying law. And the scope of doctrinal research is much narrower. Now what is non-doctrinal research? Non-doctrinal research is very practical and it is based on primary sources like surveys and case studies, etc. Non-doctrinal involves a lot of fieldwork and it connects society and society's legal issues with various non-legal aspects that affect law. Say we take sociology, we take psychology, we take anthropology, we take even biology for an example. So considering all these factors, we do non-doctrinal research. Non-doctrinal research has a wider scope and studies law in comprehensive terms. So basically how do you do doctrinal research? Most of the students generally do the doctrinal legal research method. If you are going through the moot court, what do you do? You take 5-10 AIRs, you read all the AIRs and relevant cases in that, then you take various books, say constitution, then you take DD Basu, you take Shukla, and every such book, right? So you do your research from books and that research helps you create arguments. So that is one example of doctrinal legal research. What is non-doctrinal? In non-doctrinal research, you take surveys, you go out and ask people, for example, there is CAA law. You have to do research on CAA, you have to do research on its impact. So what do you do? You go into the field, that is, you go into society, you ask people, you ask all kinds of people. You'll ask the educated, you'll ask the less educated, you'll ask the people, you'll ask the younger generation, you'll ask the older generation. Yeah, you cannot ask kids because they cannot understand, but yeah, you'll ask people of your age, you'll ask your parents, you'll ask your, you know, relatives. What is your view on CAA? Okay? So when you do research like this, that is, you go into the field, you take surveys, you know the people, then you find out what is the impact of a particular law on society. So that is what non-doctrinal research do. That is why it is said that doctrinal legal research has a very narrow scope. You can come up with newer things. You can come up with newer ideas in doctrinal, but you can never understand law in a wider sense. You will not be able to interrelate law and society in doctrinal legal research. Whereas in non-doctrinal, it has a wider scope because you will be able to know every aspect of society, every person, every person. And you know, you will be able to know the impact of a particular law on that person. That is why non-doctrinal legal research is so important, especially in law.

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