What is doctrinal analysis?

What is doctrinal analysis?

Doctrinal (or “black letter”) methodology refers to a way of conducting research which is usually thought of as “typical legal research”. A doctrinal approach to research will focus on case-law, statutes and other legal sources. Doctrinal analysis will focus on traditional legal sources, such as case law.

How do you make a research doctrinal?

Non-doctrinal research includes fieldwork but doctrinal research is library-based arm-chair research that does not involve going to the field. Doctrinal research is more concerned with the question “What is law” and studying law exclusively.

Which of the following is a method used to doctrinal research?

Doctrinal legal research methodology, also called “black letter” methodology, focuses on the letter of the law rather than the law in action. Using this method, a researcher composes a descriptive and detailed analysis of legal rules found in primary sources (cases, statutes, or regulations).

What does doctrinal legal research mean?

Doctrinal legal research comprises in-depth analysis of the legal doctrine with its development process and legal reasoning whereas non-doctrinal research seeks various social facts, relationship of law with those facts, impact of law on society and such.

What is the purpose of doctrinal research?

The main purpose of doctrinal legal research is to improve the substantial part of the law by means of which could result in achieving the broader goal of law. The ultimate goal of law is justice rather than mere legal procedures, texts and jargons.

What are the basic tools used in a doctrinal research?

6.2 Basic Tools of Doctrinal Research. Statutory materials, subordinate legal materials and case laws constitute the primary resource. While the secondary resources the researcher refers to are the textbooks, legal articles, parliamentary debate, etc.

What are the types of doctrinal research?

Doctrinal or non-empirical research is a type of research wherein the subject material for the research is found in existing material such as books, articles, statutes, judgements etc. This research is carried out on a legal proposition by way of analysing the existing statutory provisions and case laws.

What is doctrinal research?

Doctrinal research is described as a research method that is often considered as “normal judicial research.”[1]The term doctrine comes from Latin and means “to instruct, read, or understand.” [2] Doctrinal research is a study of constitutional principles, i.e., “It inquires about what the rule is on a specific subject. …

What are the advantages of doctrinal legal research?

Advantages of Doctrinal Research: 1. It provides researchers necessary tools in the form of conventional legal theories and reported decisions to reach their destination within a limited time frame. 2. Ultra-virus and many other concepts can be improved only by doctrinal research.

What are the limitations of doctrinal research?

The doctrinal method suffers from following shortcomings: 1. It can be subjective and suffer from the vice of perception of the researcher about the enquired subject matter. Therefore another person can reach upon an entirely different dimension to the same question.

What is the meaning of doctrinally?

adj. Characterized by, belonging to, or concerning doctrine.

Which of the following are the characteristics of doctrinal legal research?