Author(s): Rita Abhavan Ngwoke, Ibiene P Mbano and Oriaifo Helynn

Abstract: Traditionally legal research is concerned with the development and elaboration of legal doctrines and the normative purposes of the Law. In addition, it generally seeks to establish propositions concerning the nature of Law. This is so because the legal research process cannot be devoid of the essential nature of legal studies and Law itself. This paper seeks to expound by critically examining the difference between doctrinal and non-doctrinal legal research to throw the ongoing debate on methodological usage into bolder relief. Though the doctrinal research method is the most popular and oldest traditional mode of research in the legal field, non-doctrinal research, also known as social-legal research, has recently taken the front burner as an emerging trend in research. Employing methods accepted from other disciplines, it considers the relationship and impact of Law on society. However, this paper emphasises that doctrinal and non-doctrinal research methods are not mutually exclusive and that sacrificing one method for another will be myopic and damaging to research. The work concludes that there is a need for a combination of methodologies rather than competition between the doctrinal and non-doctrinal in addressing current trends in legal research. This paper recommends including this blended approach in most legal scholarly work.

Pages: 08-17 | Views: 2616 | Downloads: 2199

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