Basic Tools of Doctrinal Legal Research

Educational research is described as a research method that is often referred to as «normal legal research.» [1] The term teaching comes from Latin and means «to teach, read or understand». [2] Pedagogical research is a study of constitutional principles, that is, it «asks what the rule is on a particular subject.» It is about examining legal theory and how it has been shaped and implemented. The most popular approach used by lawyers for educational research is library-based analysis. As is well known, this is theoretical research that consists either of fundamental research aimed at locating a particular legal argument, or of a legal study with more nuanced reasoning and depth. This is a library study aimed at identifying the «only right answer» to certain legal questions or questions. If scientists are not very familiar with the limitations of doctrinal methods, the results of studies may be «too academic, too analytical, unconditional, conservative, irrelevant and without due regard to the cultural, economic and political relevance of a legal process.» The doctrinal approach is often criticized for being detached from reality; By focusing on legal documents, it often fails to question or question the implementation of the law, rather than analyzing it solely on the basis of internal continuity. It is also called a «trivial doctrinal inquiry» because it is sometimes conducted without a clear understanding of the social, financial and political importance of the legal system. [3] Browse Journal of Publications articles/books in legal dictionaries, reference works, journals, legislative reforms and policy documents; The keys to doctrinal or library-based analysis are the primary answers to specific questions that can be searched and examined. These steps include reviewing legal issues to decide whether further studies are needed.

This phase usually involves a lot of substantive reading on a topic, including dictionaries, encyclopedias, basic textbooks, treatises, and journals with footnotes. These tools include descriptions of terms that help the researcher understand and describe the legal concepts at work in the relevant area of law. Research in legal education (DLR) is a predominant method used by different classes of jurists. It involves a rigorous analysis and creative synthesis of several teaching components. Teaching is of paramount importance for the legal treatment of concepts. As legislative proposals have their roots in economic, social, political and psychological factors, an interdisciplinary approach becomes essential. Because of the need to superimpose changing values, social customs, and economic factors, educational research collaborates with historical, comparative, analytical, and philosophical research methods. DLR has a long history and a definitive approach. DLR systematizes the adoption of the necessary steps. It has been criticized for relying excessively on concepts rather than social inputs; for ignoring empirical techniques; to focus only on court decisions or legal regulations. It differs from non-doctrinal legal research in terms of data, location of the research, and time and money used.

Due to the social nature of the law, it is necessary to cooperate between the DLR and the Editor`s note in order to achieve positive results. The biggest challenge in interpreting the doctrine is the lack of useful information. To ensure that primary or secondary data are available, researchers must have sufficient expertise to identify reliable data. This chapter describes the data collection tools used in empirical legal research: observation, focused 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. Financiers also condemn doctrinal legal scholars when they are ambiguous because of how the obscure framework works.

The nascent «critical legal research» movement applied the constellation of critical theory to the American legal research regime. The work of this discourse has unpacked the ways in which print and online commercial legal resources (e.g., Westlaw and Lexis) insidiously channel the efforts of legal scholars and essentially predetermine research results. Although legal research is generally understood as a normatively neutral paradigm, these agents of commercial homogenization (associated with traditional methods of legal analysis) in fact reflect and perpetuate the dominant interests of society. As established in the existing literature, this article describes new strategies that, together, may represent a possible version of a critically reconstructed legal research process. The overall objective of this reconstructed process is to stimulate the development of progressive legislative reform initiatives. These key strategies include a more targeted use of commercial and non-commercial legal resources, an increased reliance on practitioners on a wide range of theoretical documents (i.e. as potential touchstones for innovation) and cultivate synergistic brainstorming sessions involving grassroots activists and other diverse actors. This article explores the critical legal research process in the specific context of Appalachian legal reform efforts. Currently, mining on mountain peaks is causing social, economic and environmental damage to the region. By applying the critical research process to the socio-legal framework that governs the removal of mountain peaks, it becomes clear that basic feminist methods – and in particular the ecofeminist movement – can still provide crucial information that can make a major contribution to reform efforts.