Whereas, on the other hand, methodology implies not only the procedures involved to collect data but also how to analyze and interpret it. The methodology is a comprehensive term and is wider than the method. It is a compass that determines the direction of the research.
Here, we are basically checking the validity of existing laws in light of a changing society. It begins with one or more legal propositions taken as a starting point and the entire research is directed in finding the validity of that hypothesis. It simply means reviewing and studying different legal documents and other sources and then deducing a complete answer to the question asked at the beginning by the means of rational interpretation and logical reasoning. Most often, the starting point in any research is doctrinal, i.e. library-based and then we move forward to other methodologies once our base is set by doctrinal research. This is the reason that doctrinal research is very famous among students and academicians.
And we all know, common law is the basis of legal development in several other countries. At a similar time, the law had entered the academic field in Europe and doctrinal research picked up pace as it became a popular tool of academic legal research. (Tiwary 2020) This is the reason why doctrinal research is also known as traditional research.
One of the main purposes of conducting doctrinal research is solving the legal problems of bringing laws. For example, if the government decides to bring umbrella legislation for all the crimes committed against women, it may initiate doctrinal research by some jurists and experts in the field.
The methodology in doctrinal research starts with setting a proposition as the starting point. A legal provision in question or an existing law could be chosen for the purpose. The next step could be to analyze the purpose behind bringing that particular law. For example, for a provision of the constitution, Constituent Assembly Debates could give great insight.
Non-doctrinal research, also known as social-legal research, is research that employs methods taken from other disciplines to generate empirical data that answers research questions. (Salim Ibrahim Ali 2017)
Non-doctrinal research takes a multi-disciplinary approach towards legal research. It employs methods and information available from other disciplines to make a comprehensive approach towards law. It employs primary sources of legal information to reach a conclusion. Primary sources may include observations, experiments, questionnaires, surveys, etc. With the help of these sources, we analyze the practical aspects of law like the effect of its implementation in non-legal fields and society as a whole. Basically, we take a legal variable which could be a law along with a non-legal variable like economic, social, political, etc. and study their relationship by data collected, which could be qualitative or quantitative. Its area of focus is how the law works in the real world.
Non-doctrinal research developed out of the growing need of bringing the law into the realm of realism. It was felt that legal research should deal more with its practical application and how it functions and affects the life of people in real-world; and less with the theoretical aspect of studying written law.
The purpose of non-doctrinal research is to check the utility of a law that has been brought or how it impacts the non-legal aspects of society. Also, non-legal factors affect the implementation of the law. Sometimes, a very comprehensive law is brought but sometimes the environment is such that its effectiveness is shielded by those circumstances. For example, a law brought to open the market for foreign players to liberalize the economy may be considered very destructive at a time like that of a pandemic when the domestic market is hard hit by lockdown and would be considered devastating.
The methodology adopted is that of empirical research, i.e. different modes of experimentation and observation like collecting data by means of case studies, questionnaires, surveys, etc. These are the primary sources that give us first-hand information that can be then analyzed. This data collected can then be arranged in pie charts, bar graphs or other forms to reach a conclusion.
The advantages of non-doctrinal research are many but the prime one remains its utility in practical purposes. It helps in gauging the practical effectiveness of laws in various non-legal fields. It is an effective tool to judge the performance of law in society. Legal issues are better analyzed when studied in a comprehensive manner by taking into consideration all the factors that might affect it. Moreover, when the data is quantified, it becomes rationally more appealing and authentic. Also, since it relies on primary sources of information, it is more reliable.
Both forms of legal research have their own share of advantages and disadvantages. This means that none of them is infallible or complete in itself. One is rooted in theory while the other in practicality and as theory cannot be sacrificed for practicality alone and vice versa, both of them have their separate roles in the field of legal research.
Therefore, both these forms are complementary to each other. Doctrinal research forms the foundation, on which the structure of non-doctrinal research can be constructed. They need to and must support each other. They can be used alternatively or in a hybrid form for effective and meaningful legal research.
This review has made it clear that further and targeted research is urgently needed to better constrain the carbon cycle response to CDR. This research should focus on: (i) understanding the underlying mechanisms involved in each CDR method (i.e., improving the quantification of relevant biological, chemical, and physical processes); (ii) understanding and reducing the large model spread that occurs when the carbon cycle response to perturbations is simulated (e.g., reducing the uncertainty in the sensitivity of carbon fluxes and storage to environmental conditions); (iii) quantifying how reversible the climate and carbon cycle are with respect to perturbations by CO2 emissions and CDR; and (iv) developing a methodology to evaluate and monitor CDR and its impacts on the carbon cycle and climate system, in order to allow for reliable accounting of CDR contributions to managing atmospheric CO2 concentrations. 2b1af7f3a8