Professional Documents
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M 08
M 08
RESEARCH METHODOLOGY
QUALITATIVE AND DOCTRINAL METHODS IN
RESEARCH
Role Name Affiliation
Principal Investigator Prof. (Dr.) Ranbir Singh Vice Chancellor, National
Law University, Delhi
Co-Principal Investigator Prof. (Dr.) G.S. Bajpai Registrar, National Law
University Delhi
Paper Coordinator Prof. (Dr.) G.S. Bajpai Registrar, National Law
University Delhi
Content Writer/Author Dr Manish Singh Dr RML National Law
University, Lucknow
Content Reviewer Prof. (Dr.) G.S. Bajpai Registrar, National Law
University Delhi
DESCRIPTION OF MODULE
Learning Outcomes
The following module is a discussion on qualitative and doctrinal methods in
research. The objectives are as following:
To understand the contemporary debate surrounding the qualitative and doctrinal
methods of research
To understand the meaning and concept of qualitative research.
To understand the meaning and concept of doctrinal method of research.
To encapsulate the methods of conducting doctrinal and qualitative research
To discuss the broad aims and objectives of qualitative and doctrinal method of
research.
To comprehend the advantages and limitations of qualitative and doctrinal method of
research.
To understand the distinguishing factors between qualitative and doctrinal method of
research.
The Roadmap
1. Contemporary Discussion on Qualitative and Doctrinal Methods of Conducting
Research.
2. What is Doctrinal Legal Research?
2.1 Doctrinal Method.
3. What is Qualitative Research?
3.1 Common Elements in Every Qualitative Research.
4. The Distinguishing Factors.
5. Aims and Objectives of Qualitative and Doctrinal Method of Research.
5.1 Aims and Objectives of Doctrinal Method.
5.2 Aims and Objectives of Qualitative Method.
6. Basic Tools of Qualitative and Doctrinal Research.
6.1 Basic Tools of Qualitative Research.
6.1.1 Interviews.
6.1.2 Questionnaires.
6.1.3 Schedule.
6.1.4 Interview Guide.
6.1.5 Observation.
6.2 Basic Tools of Quantitative Research.
6.2.1 Primary Sources.
6.2.2 Secondary Sources.
7. Advantages and Limitations of Qualitative and Doctrinal Methods of Research.
7.1 Advantages of Doctrinal Method.
7.2 Limitations of Doctrinal Method.
7.3 Advantages of Qualitative Method.
7.4 Limitations of Qualitative Method.
8. Conclusion.
Suggested Readings.
Assessment / Evaluation.
1 See Flick, Uwe, An Introduction to Qualitative Research, 2006, SAGE Pub. at p.33.
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. On the basis of the analysis of the same he may advance the
set of formulations, or may also highlight the objective behind the proposition and
may propose what it ought to be.
3. What is Qualitative Research?
2 See Flick, Uwe, An Introduction to Qualitative Research, 2006, SAGE Pub. at p.ix
9. It starters from the idea that theory and method should be appropriate to what is
studied. They can be adapted if they do not fit in.
10. Researchers themselves are also an important part of the research process, either due
to their own personal experiences, or research experiences.
11. It takes cases and contexts seriously
12. A major part is dependent on texts and documents, thus, issues of transcribing
complex social situations into texts is one of the major concern of qualitative
research.
4. The Distinguishing Factors
The qualitative legal research is different from doctrinal legal research on many
grounds. Some of them are:
1. It lays down a different emphasis upon legal doctrines and concepts. While the
emphasis of doctrinal is purely basic and fundamental in exposing the law as it exists.
The latter looks it from the perspective of social reality.
2. Qualitative Research seeks to answer broader issues as clear from the aims and
objectives as would be discussed below. The doctrinal research has a focus on a
particular point of law.
3. It does not focuses exclusively on case reports and other traditional primary and
secondary legal documents for analysis. However, it is dependent on doctrinal
methods in the sense that without a thorough grasp on fundamentals the qualitative
researcher would not be able to chart his voyage in a meaningful manner.
4. It takes a different route for research which has in focus to analyze law in action as
distinguished from law in books.
The qualitative and doctrinal methods have different aims and objectives while the
former is about finding and analyzing the legal concepts, and doctrines, like for
example, the principle of strict liability under law of torts. The latter is concerned
with law in action, that is, as to analyze the legal idealism from the lens of social
reality. Each has its own utility and uniqueness and are interdependent on each other.
5.1 Aims and objectives of Doctrinal Research
A doctrinal Research has following aims and objectives, namely:
1. To find the law in the legal statutes, subordinate legislations and judicial precedents.
2. Aims at consistency and certainty of laws.
3. To some extent look into the purpose and policy of law that exists.
4. Aims to study legal institutions like courts, police machinery, jails, tribunals etc.
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:
1. How far the law and legal institutions are serving the need of the society?
2. Are they suited in the social context in which they operate?
3. Determine the forces that shapes, reshapes and mould the law.
4. To analyze how far the law has been enforced and administered.
5. Causes for the factors responsible for the poor performance of the law.
6. To look into the factors which moulds the enforcement machinery attitudes and
behavior while interpreting and enforcing the law?
7. Are beneficiaries under the law using it or the law is merely symbolic.
8. Whether the targeted beneficiaries are benefitting out of the law?
9. If the law is failing to help people where does the problem lie?
10. Impact of law on behavior and attitudes of society, people and groups.
6. Basic Tools of Qualitative and Doctrinal Legal Research
Every research has its own specific tools and methods. Research instruments are the
tools in the hands of the researcher to conduct the research. Proper tools ensure a well
planned and systematic enquiry. The researcher shall aim at developing procedures
which are reliable and valid. By being reliable it is meant that there is a consistency of
a measure, while being valid means to which the measure achieves it aims. 3They can
3See Dianna Hinds, Research Instruments in The Researcher’s Toolkit, David Wilkinson (ed.)
Routledge, (2000) at p.42.
be classified into primary and secondary sources. Let us have a look into the tools for
these two types of researches.
6.1 Basic Tools of Qualitative Research
There are several ways of collecting data for qualitative research. The primary sources
are interview, questionnaire, schedule, interview guide and observation. It can be
collected from either posing selected respondents to a set of pre-determined questions
or sketchy questions. It involves a face-to-face conversation and this tool of data
collection is known as ‘interviewing’. The pre-determined questions can also be
mailed, sent by post, fax or other ways in order to gather responses from selected
respondents. This tool of data collection is known as data collection by way of
‘questionnaires’. The researcher can also collect data by the method of ‘observation’ a
systematic observation of a phenomenon, behavior of participants (respondents or
institutions). The secondary sources are the published or unpublished reports for
example crime records, reports of international organizations etc.
6.1.1 Interviews: It is a verbal technique of data collection. It may be structured or
unstructured,. It is structured when the researcher uses a set of pre-determined
questions and highly standardized technique of recording responses. It is
unstructured when there is flexibility in the approach to the questioning and much
lesser standardized way of recording the responses. The strength of this tool is
that it remains to be the most effective method of gaining information about
respondent’s perception and opinions. It also enables the researcher to
authenticate the information coming from the respondents by observing the body
language of the respondent. However, administering an interview is an art. One
needs to have the required skill set in order to conduct a meaningful interview.
Undoubtedly being most effective it has its limitations, like memory bias,
inability of the respondents to provide every information asked for and bias.4
6.1.2 Questionnaire: Herein a number of typed or printed predetermined questions are
used for collecting data. It is send to the respondents with a request to send it
back to the researcher after filling the responses. It may also be structured or
4Cannell and Kahn, The Collection of Data by Interviewing, in leon Festinger and Daniel Katz
(eds.) Research Methods in the Behavioral Sciences (Amerind Publishing Co., New Delhi, 1953) at
330-331.
unstructured. The questions may be open-ended, close-ended, mixed or pictorial.
This method can be very effective in circumstances where the respondents are
scattered in a vast area. It is quicker and cheaper as compared to interviews.
6.1.3 Schedule: schedule is more or less same as the questionnaires. But the major
differences are that schedule is referred to a form filled in by the interviewer
during his personal interview with the respondents. And questionnaire being
impersonal is rigid; the schedule is flexible because it gives the opportunity to the
researcher to clarify the questions, if they are not clear to the respondents.
6.1.4 Interview Guide: It contains only the topics or broad headings upon which the
respondents are asked to answer. Usually the questions are formulated on the spot
and the responses are thereby recorded.
6.1.5 Observation: It is a visual method of data collection. It is another scientific way
of data collection, when planned in a systematic manner and recorded
systematically, and is subject to check and control on validity and reliability.
5See S.K. Verma and Afzal Wani (eds.), Legal Research and Methodology (Indian Law Institute,
New Delhi 2nd Edition, 2001) at p. 656-657
Nevertheless, doctrinal legal research has its own unique advantages and
contributions, whose importance cannot be disregarded.
7.3 Advantages of Qualitative Research
From the above analysis it can be understood that qualitative research arose primarily
as a critique of doctrinal research. It was felt that the research outcomes were
inadequate and incomplete in absence of an analysis done in real world settings.
Nevertheless, both research methods had their own merits and shortcomings. But it
can safely be concluded that both informs the law and policy and are interdependent
on each other.