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Legal Research of Doctrinal and Non-Doctrinal

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 International Journal of Trend in Research and Development, Volume 4(1), ISSN: 2394-9333
www.ijtrd.com
Legal Research of Doctrinal and Non-Doctrinal
1
Salim Ibrahim Ali, 2Dr. Zuryati Mohamed Yusoff, 3Dr. Zainal Amin Ayub,
2,3
Senior Lecturer,
1
Master of Law - Universiti Utara Malaysia, 2,3School of Law, Universiti Utara Malaysia.

Abstract-- This paper discussed doctrinal and non-doctrinal journals that take the form of asking the question, “What is the
legal research to show researchers how to write with law?” This level of research is different from the area of
understanding regarding the advantages, disadvantages, and the environmental research done by experimental investigators.
comparisons between doctrinal and non-doctrinal legal This is perhaps more apparent in comparison with research in
research. Thus, the combination of methodologies, i.e., a mixed the natural sciences, which usually seeks to explain natural
method using ideological, social, and legal, can work together phenomena through the study of causal relationships between
to achieve a better understanding of the law. variables. Epistemologically, this is clearly different from the
qualitative interpretative required by doctrinal research.
Keywords-- Research Methodology; Legal Research;
Although the interpretive nature of the process bears a
Doctrinal; Non-doctrinal
superficial resemblance to the tradition of understanding the
I. INTRODUCTION social sciences, there are fundamental differences in cognitive
reality between ideological analysis and all the methods of
This paper will discuss doctrinal and non-doctrinal legal scientific research. Scientific research, both in the natural and
research to inform researchers how to write with understanding social sciences, depends on a set of empirical data, either as a
regarding the advantages, disadvantages, and the comparisons
basis for these theories, or as a means to test them. Therefore,
between doctrinal and non-doctrinal legal research. It is
in both cases, the validity of research findings must be
imperative that legal academic researchers working within the
determined through the empirical investigation process. In
context of advanced research understand how to explain and contrast, the validity of the results of the empirical research in
justify the process of conducting a "dogmatic search." The the jurisprudential world are not affected. Legal rules are
word dogmatic comes from the Latin word, “dogmaticus,”
normative in character because they dictate how we should
which means to have very strong beliefs or opinions about a
behave as individuals. They make no attempt to either explain,
topic and assert those beliefs. Thus, researchers need to be able
predict, or even understand human behavior, just to describe it.
to interpret methodology in similar terms to those used by other
In short, doctrinal research is not therefore research about law
disciplines. The word doctrinal is derived from the word at all. In asking "What is the law?" it takes the internal
"doctrine," which is Latin for the word "doctrina," which means cognitive approach oriented to the aim of the study. For this
education, knowledge or learning.
reason, it is sometimes described as research in the field of law.
II. METHODOLOGY OF DOCTRINAL The normative character of the law also means that
RESEARCH idiosyncratic health research should inevitably develop a
consensus within the legal community, rather than appealing to
Doctrinal or library-based research is the most common any external reality.
methodology employed by those undertaking research in law.
Doctrinal research asks, what is the law in a particular case. It IV. MERITS OF DOCTRINAL RESEARCH
is concerned with the analysis of the legal doctrine and how it
There are many advantages associated with library-based
was developed and applied. As is well known, this is purely
research methodology. Firstly, it is often traditionally taught
theoretical research that consists of either simple research
that legal research methods should be conducted in the early
aimed at finding a specific statement of the law, or it is legal stages of legal training. As a result, most legal scholars will
analysis with more complex logic and depth. In short, it is focus on the techniques used at the time, to initiate graduate
library-based research that seeks to find the "one right answer"
research. In addition, for new graduate students, there will be
to certain legal issues or questions. Thus, the aim of this type of
no shortage of experts capable of providing training on
methodology is to make specific inquiries in order to identify
ideological research. Secondly, because of the proliferation of
specific pieces of information. For example, an investigation
law schools and law firms, research conducted under this
can be conducted to find specific legislation that monitors design is likely to be of more acceptable character in the
occurances of child abuse in a particular jurisdiction. All presence of legal research. Doctrinal research still represents a
inquiries will have specific answers to specific questions that
"base" in the legal community and most universities demand an
can be easily found and verified, and these are the keys to is
even higher degree of work based on this ideological
doctrinal or library-based research. These steps include analysis
framework. For practical purposes, idiosyncratic research
of legal issues in order to determine the need for further
methodology is required. The busy practitioner tends to be
research. This stage often involves a great deal of background concerned with the law “as it is” and rarely has the time to
reading on a subject using sources such as dictionaries, consider research that does not fit within that paradigm and
encyclopedias, major textbooks, treatises, and journals that are
timeframe. Moreover, because of its focus on the sources of
accompanied by footnotes. These sources provide Definitions
jurisprudence, established research is more manageable and
of Terms that help the researcher understand and summarize the
results more predictable. For the postgraduate studies
legal principles involved in the field of law under study.
researcher, this may help with meeting deadlines and contain
III. NORMATIVE CHARACTER OF DOCTRINAL surprises.
RESEARCH V. DEMERITS OF DOCTRINAL RESEARCH
The normative character of doctrinal research in particular
Several criticisms may be leveled against doctrinal or library-
contexts, is concerned with the discovery and development of
based methodology. For example, it is highly theoretical and
legal doctrines and research, for publication in textbooks and
IJTRD | Jan-Feb 2017
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 International Journal of Trend in Research and Development, Volume 4(1), ISSN: 2394-9333
www.ijtrd.com
technical, uncritical, conservative, trivial and without due been raised in the context of attempts to understand the
consideration of the social, economic and political importance emerging issues in the framework of the law. There is no
of the legal process. Second, it must be noted that ideological hierarchy between methodologies and they are all of equal
research is very narrow and restricts the choice and range of importance for the development and understanding of the law.
topics, which increasingly withdrew the legal profession in the What is crucial is that researchers must try and equip
greater social context. This context includes legal and social themselves with the necessary skills to enable them to
theory, and other methodologies based in the natural and social comfortably meet their research objectives. Undoubtedly, a
sciences. In the study of law, the context in which it operates well-versed scholar will be aware of the advantages and
and how the law links to this context, jurisprudential disadvantages of any particular methodology, and will work to
methodology does not provide an appropriate framework to obtain the benefits that result from a better quality of work.
address issues that arise. It assumes that the law exists in a Often, the combination of methodologies, i.e., a mixed method
doctrinal objective vacuum rather than within the social using ideological, social, and legal, can work together to
framework or context. Third, it is sometimes described as achieve a better understanding of the law. Thus, postgraduate
trivial dogmatic research because it is often done without due scholars would do well to equip themselves by using alternative
consideration of social, economic, and the political importance research methodologies.
of the legal process. As mentioned above, the law does not
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IJTRD | Jan-Feb 2017
Available [email protected] 494
 International Journal of Trend in Research and Development, Volume 4(1), ISSN: 2394-9333
www.ijtrd.com
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