Professional Documents
Culture Documents
RESEARCH
METHODOLOGY
DOCTRINAL AND NON DOCTRINAL RESEARCH
LLM
TABLE OF CONTENTS
INTRODUCTION
WHAT IS RESEARCH?
Objectives of Research
Types of Research
Significance of Research
Research Process
Criteria of Good Research
Qualities of a good research
DOCTRINAL RESEARCH
CONCLUSION
INTRODUCTION
“All progress is born of inquiry. Doubt is often better than overconfidence, for it leads to
inquiry, and inquiry leads to invention”
This maxim aptly shows the significance of research. We all possess the vital instinct of
inquisitiveness for, when the unknown confronts us, our inquisitiveness makes us probe and
attain full and fuller understanding of the unknown. This inquisitiveness is the mother of all
knowledge and the method, which man employs for obtaining the knowledge of whatever the
unknown, can be termed as research. Research inculcates scientific and inductive thinking
and it promotes the development of logical habits of thinking and organisation.
Meaning of Research
A research scholar has to work as a judge and derive the truth and not as a pleader who is
only eager to prove his case in favour of his plaintiff. The purpose of research is to discover
answers to questions through the application of scientific procedures. The main aim of
research is to find out the truth which is hidden and which has not been discovered as yet.
Some other objectives may be grouped as-
Types of Research
Significance of Research
The role of research in several fields of applied economics, whether related to business or to
the economy as a whole, has greatly increased in modern times. The increasingly complex
nature of business and government has focused attention on the use of research in solving
operational problems. Research, as an aid to economic policy, has gained added importance,
both for government and business. Research provides the basis for nearly all government
policies in our economic system. For instance, government’s budgets rest in part on an
analysis of the needs and desires of the people and on the availability of revenues to meet
these needs. research facilitates the decisions of the policy maker. The plight of cultivators,
the problems of big and small business and industry, working conditions, trade union
activities, the problems of distribution, even the size and nature of defence services are
matters requiring research. Thus, research is considered necessary with regard to the
allocation of nation’s resources. The significance of research can also be understood keeping
in view the following points:
i. Research has its special significance in solving various operational and planning
problems of business and industry.
ii. Market research is the investigation of the structure and development of a market
for the purpose of formulating efficient policies for purchasing, production and
sales.
iii. Research with regard to demand and market factors has great utility in business.
iv. Research is equally important for social scientists in studying social relationships
and in seeking answers to various social problems.
v. To those students who are to write a master’s or Ph.D. thesis, research may mean
a careerism or a way to attain a high position in the social structure;
vi. To professionals, research may mean a source of livelihood;
vii. To philosophers and thinkers, research may mean the outlet for new ideas and
insights;
viii. To literary men and women, research may mean the development of new styles
and creative work;
ix. To analysts and intellectuals, research may mean the generalisations of new
theories.
Research Process
Doctrinal research in law field indicates arranging, ordering and analysis of the legal
structure, legal frame work and case laws to search out the new thing by extensive surveying
of legal literature but without any field work.
To solve the legal problem with a new output within a short period of time with less expenses
by closely examining and analyzing the legal doctrine, legal framework and case laws in a
logical, systematic and scientific way .
To find the law in the legal statutes, subordinate legislations and judicial precedents.
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. for example, if someone has to undertake a study on the Principles
of Compulsory Licensing under the Law of Patents, then the relevant provisions of the
Patents Act, 1970, International Instruments pertaining to compulsory licensing, law on
compulsory licensing in different jurisdictions, Finding of the Courts, and Intellectual
Property Appellate Board like in the Matter of Application for Compulsory License by Natco
Corp., in C.L.A. constitutes primary sources. While the commentaries on the provision
pertain to compulsory license in standard text books, commentaries, articles in law journals,
news reports, blogs etc would constitute secondary sources.
i. It can be subjective.
ii. It is devoid of any support from social facts.
iii. It neglects the factors that lie outside the strict brackets of law.
iv. The actual practice and attitudes of people who are the functionaries and those
who implement the law is also not taken into account. Example the attitude of
judges, lawyers, police, administrative authorities, courts, and tribunals etc.
NON-DOCTRINAL OR EMPIRICAL RESEARCH
Introduction
A qualitative research focuses on the social facets of the law. Its primary aim is to determine
through empirical data how law and legal institutions affect or mould human attitudes and
what is their impact on the society they create. The researcher primarily looks into:
i. How far the law and legal institutions are serving the need of the society?
ii. Are they suited in the social context in which they operate?
iii. Determine the forces that shapes, reshapes and mould the law.
iv. To analyze how far the law has been enforced and administered.
v. Causes for the factors responsible for the poor performance of the law.
vi. To look into the factors which moulds the enforcement machinery attitudes and
behavior while interpreting and enforcing the law?
vii. Are beneficiaries under the law using it or the law is merely symbolic.
viii. Whether the targeted beneficiaries are benefitting out of the law?
There are several ways of collecting data for qualitative research. The primary sources are
interview, questionnaire, schedule, interview guide and observation.