Non Empirical ( Doctrinal) and Empirical Method

 

Non Empirical ( Doctrinal) and Empirical Method:

Research is a logical and systematic search for new and useful information on a particular topic. What data is to be collected? Where data will be found? How data will be collected and analysed?

The method of procuring data for research is an independent segment of research design. Existing data sources cause confusion in data selection if researchers do not posses basic knowledge of dealing with data at various stages, each of which may raise questions of validity. Inaccurate data collection can impact the results of a study and ultimately lead to invalid results. There are various facts, data and information relating to research topic available in the world. Researcher is required to make the proper objective, logical and authoritative decision that what facts may be relevant for his study or not.

Basically methods of data collection can be classified on following broad aspects as

1.      Nature of Research problem and Research objectives.

2.       2. Authority of Data

3.      3. Reasoning followed in data collection.

 On the basis of above three considerations research methods of data collection applied in legal research may be classified as

1. Doctrinal and Empirical Method.

 2. Primary and Secondary Data.

 3. Inductive and Deductive Method

Non Empirical Doctrinal Legal Research:

 It can be defined as research into legal doctrines through analysis of statutory provisions and cases by the application of reasoning. The emphasis is upon analysis of legal rules, principles, and judicial precedents, Institutions like courts, police machinery, jails, tribunals or doctrines.

 It begins by taking up a proposition as a starting point or focus. He then locates the law in statutes, judicial pronouncements, and discussions in commentaries, textbooks, journals, and debates. Reads them in a holistic manner analyze them and write his findings. For example, a research on proposition of prevention against double jeopardy, under criminal law, would begin with locating the law in constitution, and criminal law materials etc.

 In doctrinal research ordinarily data is collected in Library and by directly attending Lectures, Conference, Seminar, Judicial, Legislative and Administrative proceedings and decisions, content analysis and case study. Sources of Information Technology and Mass communication have become prominent source of data collection within Doctrinal method.

Doctrine is also used to refer to a principle of law, in the common law traditions, established through a history of past decisions, or the principle of fair use. In every research basic object of researcher is to find out the facts and after observation and analysis of facts certain theory, propositions, philosophy or principles are propounded. Doctrinal research is one step advance then non doctrinal method where fact is observed in empirical social condition.

Doctrinal research is possible only where relevant and sufficient information exists and available on research topic and the information coming from credible source is assumed true. Standard of credibility of source of information may be decided on the basis of authority, experience, knowledge and other relevant considerations.

Basic sources of data collection in doctrinal legal research are – ► Participation- Direct attending (Physical presence) lecture, seminar, conference, observation of judicial, legislative and administrative proceeding or their recording in written or electronic format. ► Publications- Books, Journals, Reporters, Magazines, News Papers, Juristic work, Reports of (Seminar, conferences, symposiums, legislative, judicial and administrative proceedings), literature containing factual & philosophical information. Articles, Research papers, thesis or dissertations. Reports, judgments and commentaries and case laws.

Data Processing:              

Information ---Credible source------Relevant to Research Problem------No Scope of Doubt-----Data Admissible

Empirical Method:

Empirical Method Empirical method is also known as Non-doctrinal method, is the source of knowledge by data acquired, verifiable and provable by means of observation or experiment. Researcher Doctrinal Method Information  Credible Source Relevant to Research Problem No Scope of Doubt Data Admissible relies on his own experience with facts and variables in real social condition. Empirical data is more authoritative for research over doctrinal data. The non-doctrinal research is relationship of law with society, groups and people. It involves an empirical inquiry into the operation of law. Researcher has to undergo with hard work of finding sources, places, and situation so that he can observe the relevant facts. Research output is solely is depending on skill and quality of researcher or investigator. Empirical data collection is made by the researcher or investigator through his own observational and analytical skills.

 Empirical method is usually preferred with new research problems, where no possibility of acquire data through doctrinal method. Social problems not dealt by earlier researchers, no other doctrinal material is available on such problem in that case researcher has only option of empirical research. Sometimes, past theories, suggestions or assumptions become defective or insignificant due to changing social, environmental factors and modern technologies. Therefore, necessity arises to fresh look into the matter by investigation and observation of real social phenomenon and after keen and skilled analysis new theory should be propounded so that the social problem can be solved purposively.

Techniques commonly used for empirical data collection are Observation, Interview, and Survey and case study. Empirical method is a factual investigation and philosophical conclusion where facts are observed, analyzed, realized and after due satisfaction accepted and processed in research for a valid conclusion.

Data Processing:

Observation of Fact --- Analysis----Realisation----Satisfaction---- Acceptance of Data.

 Primary and Secondary Data

Authoritative source: In legal research process there are various sources available for obtaining data. But wattages of information depend on the nature of source of information. If, requisite data is obtained from the authoritative source it has wattage rather than information coming from non authoritative sources. On this basis research data can be classified into primary data and secondary data. In other words the data which is collected for the first time by direct observation is called primary data, and the data which is collected from existing records, publications, etc., is known as secondary data.

In doctrinal legal research basic authoritative sources of development in field of law are considered primary source as1. Legislative enactments 2. Judicial decisions 3. Customs Above three are the most authoritative sources of legal data. Legal data from all other sources are non authoritative or least authoritative in relation to other authoritative source is secondary. The law emanating directly from the competent authority is termed as authoritative source. Authoritative sources are binding in force. In present time legislation and judicial precedents are the foremost primary sources of law. So far as custom is concerned, it may or may not be the primary source of law depending on its status.

Secondary Data – Any such information in relation to which no primary source is available, but information is available with other non authoritative sources i.e., secondary sources. Consequently, information is to be obtained from secondary source only. Admissibility of data from secondary source is assumed on their reliability only. The Commentaries, digests, books, encyclopedias and thesis are regarded as the secondary sources of law. Secondary sources of law are admissible only as persuasive force.