Definition of Non Doctrinal Researchngocthanh
Non-doctrinal research takes a multidisciplinary approach to legal research. It uses methods and information provided by other disciplines to develop a comprehensive approach to the law. It uses primary sources of legal information to reach a conclusion. Primary sources can be observations, experiments, questionnaires, surveys, etc. Using these sources, we analyse the practical aspects of the law such as the impact of its implementation in non-legal areas and in society as a whole. Basically, we take a legal variable that could be a law with a non-legal variable such as economic, social, political, etc., and examine its relationship using the collected data, which can be qualitative or quantitative. It focuses on how law works in the real world. The advantages of non-doctrinal research are manifold, but the most important is its usefulness for practical purposes. It helps to assess the effectiveness of laws in various non-legal areas.
It is an effective tool for assessing the performance of law in society. Legal issues are best analysed when they are studied in depth, taking into account all the factors that could influence them. In addition, when data is quantified, it becomes more rationally attractive and authentic. Because it relies on primary sources of information, it is more reliable. The methodology of educational research begins with the definition of a proposal as a starting point. For this purpose, a relevant legal provision or existing law could be chosen. The next step could be to analyze the purpose behind the introduction of this particular law. For example, for a provision of the Constitution, the debates in the Constituent Assembly could provide a good overview. Legal research, in particular, delves deeper into the legal ocean.
It is a question of researching and searching for laws, their origin, their application and everything that may have the slightest connection with the legal sphere. We try to research and analyze the impact of all legal and non-legal variables on the legal decision-making process. Black`s Law Dictionary defines legal research as “finding and bringing together authorities that deal with a legal issue.” (How to conduct legal research in 3 steps n.d.) Legal research is a constant companion of people working in the legal world, be they lawyers, judges, lawyers, law researchers, law students and academics. In order to possess the legal skills and acquire knowledge to contribute effectively in this field, research is important for all of them. The methodology applied is that of empirical research, i.e. different modes of experimentation and observation such as data collection through case studies, questionnaires, surveys, etc. These are the main sources that give us first-hand information that can then be analyzed. This collected data can then be organized as pie charts, bar charts, or other forms to reach a conclusion. The purpose of non-doctrinal research is to examine the usefulness of a law that has been introduced or how it affects non-legal aspects of society. Non-legal factors also influence the implementation of the law. Sometimes a very comprehensive law is introduced, but sometimes the environment is such that its effectiveness is protected by these circumstances. For example, a law introduced to open the market to foreign actors in order to liberalize the economy can be seen as very destructive and devastating at a time like a pandemic when the domestic market is hit hard by the lockdown.
Although under normal circumstances, the same law may have proven to be very useful for the economy. Now, research can be sponsored by the government to see if the circumstances are conducive to the introduction of such a law. Research may include the collection of data on the state of the internal market and its impact on it when the law becomes a reality. Research on the implementation of the law can also be carried out to verify its consequences and the effects it has actually brought. For this purpose, the help of other behavioral sciences can be used. It is based more on observation than theory, as the theory remains the same in different circumstances, but its practical application changes, and it is important to keep these changes in mind to keep the law up to date and effective. The goal of teaching research is to answer the question “What is right?” This is library research, that is, we try to find clear answers to legal questions through a thorough review of law books, laws, statutes, commentaries and other legal documents. All of these sources fall into the category of “secondary sources”. As mentioned earlier, this is theoretical research that does not involve any type of experimentation or fieldwork.
First of all, among the advantages, the teaching of research forms the basis of legal research in the academic field of law. Law students at the graduate and graduate levels typically venture into the world of legal research using teaching methodology. For them, this is the starting point where they can analyze the sources available in the library and derive their results logically. At this stage, students are not well equipped to engage in empirical research and to examine the law in the context of society. It`s easier for them to study law “as it is” from secondary sources, and that`s a good place to start. Legal research is important to bring new aspects of life. This document contains the relevant material on legal research, legal research can be divided into two empirical legal research doctrinal legal research This document is a compiled document on doctrinal legal research This chapter describes the data collection tools used in empirical legal research: observation, targeted group discussions, case study, survey and questionnaire. It deals with observation, one of the oldest and most commonly used tools in the social and natural sciences, and highlights the benefits of observing people in their natural environment and actions, as is the case in ethnographic study: conversation by interview reveals the personal perspectives, beliefs, feelings and attitudes of the interviewee.
Targeted group discussions are also used to gather valuable information from a group of people with specific experiences on a topic. The case study through the intensive study of individuals, institutions, bodies keeps the prism on the life of the social unit. On the other hand, the survey method takes a general view of the population or community through door-to-door data collection, its predominant nature being the census. The questionnaire is a popular method of data collection by formulating and communicating a list of questions relevant to the research topic, collecting and analyzing responses. The chapter concludes by outlining how data collection tools should be used prudently and objectively in due process. Two important methods used in legal research are doctrinal and not doctrinal. The former is more prone to theoretical and academic aspects, hence also known as “library” or “armchair” research. The latter is more practical and follows an interdisciplinary approach to observation. Therefore, we also speak of “empirical” research.
One of the main objectives of educational research is to solve legal problems related to the introduction of laws. For example, if the government decides to introduce a framework law for all crimes committed against women, it can launch doctrinal research by some lawyers and experts in the field. Research teaching has helped to develop a fundamental awareness of legal issues among people. He has been instrumental in helping judges and lawyers in litigation develop valid arguments and render effective judgments. The development of tort law is an excellent example of this. Doctrinal research that focuses on “law as it is” has helped to raise awareness of legal issues among the masses. It also helped to highlight the shortcomings of existing laws and statutes.