EMPIRICAL OR NON-DOCTRINAL LEGAL RESEARCH :
Conducting empirical research in law has originated recently. Empiric means
‘relying solely on observation and experiment, not theory’. The empirical research is
carried out by collecting and gathering data or information by a first hand study into the
universe. The empirical research technique is also called as “fact research”. Empirical
research is an enquiry that attempts to discover and verify general rules allowing us to
understanding why human beings behave the way they do. The methods like
observation, interview, questionnaire, survey and case study are used to discover the
human conduct. All inquiries are not suitable to empirical methods. Any inquiry whose
objective is to determine what is good and what is evil cannot be empirically tested. The
reason or this is that the researcher cannot discover the admissible physical evidence.
Research into the value system and moral questions are also not amenable to empirical
methods.
The empirical research is mainly concerned with the legal decision process, i.e.,
researcher’s attention is on variables that influence the decision and the impact of the
decisions on the society. The empirical research may be defined as research into
relationship of law with other behavioural sciences. Here, more importance is given to
people, social values and social institutions which are related to the legal aspects or
doctrines.
(i) Characteristics of Empirical Research :
1. It tries to find out the impact of non-legal events upon the legal decision.
2. It seeks to identify and appraise the degree of variables influence the outcome and
3. It tries to find out the effect of each decision on people and society as such.
legal decision making.
The field of empirical research is wider and the availability of authoritative
sources are very less which involve several new techniques which are unknown to the
research.
(ii) Limitations of empirical research :
1. Financial support is lacking.
2. Other disciplines had shed away from the study of legal order has been shed away
3. Due to their preoccupation with their profession, the contributions of legal
4. Legal researchers lack a tradition that enable them to strengthen the empirical
5. Lack of training in the use of techniques of this empirical research. Most of the steps
by other disciplines.
academicians is very less.
research.
of research such as collection of data, field work, formation of hypothesis, etc. are
unknown to the legal researcher.
6. There is an unfavourable and arrangement attitude towards the empirical research.
The use of qualitative measurement techniques are very difficult to understand
by legal researchers.
Conducting empirical research in law has originated recently. Empiric means
‘relying solely on observation and experiment, not theory’. The empirical research is
carried out by collecting and gathering data or information by a first hand study into the
universe. The empirical research technique is also called as “fact research”. Empirical
research is an enquiry that attempts to discover and verify general rules allowing us to
understanding why human beings behave the way they do. The methods like
observation, interview, questionnaire, survey and case study are used to discover the
human conduct. All inquiries are not suitable to empirical methods. Any inquiry whose
objective is to determine what is good and what is evil cannot be empirically tested. The
reason or this is that the researcher cannot discover the admissible physical evidence.
Research into the value system and moral questions are also not amenable to empirical
methods.
The empirical research is mainly concerned with the legal decision process, i.e.,
researcher’s attention is on variables that influence the decision and the impact of the
decisions on the society. The empirical research may be defined as research into
relationship of law with other behavioural sciences. Here, more importance is given to
people, social values and social institutions which are related to the legal aspects or
doctrines.
(i) Characteristics of Empirical Research :
1. It tries to find out the impact of non-legal events upon the legal decision.
2. It seeks to identify and appraise the degree of variables influence the outcome and
3. It tries to find out the effect of each decision on people and society as such.
legal decision making.
The field of empirical research is wider and the availability of authoritative
sources are very less which involve several new techniques which are unknown to the
research.
(ii) Limitations of empirical research :
1. Financial support is lacking.
2. Other disciplines had shed away from the study of legal order has been shed away
3. Due to their preoccupation with their profession, the contributions of legal
4. Legal researchers lack a tradition that enable them to strengthen the empirical
5. Lack of training in the use of techniques of this empirical research. Most of the steps
by other disciplines.
academicians is very less.
research.
of research such as collection of data, field work, formation of hypothesis, etc. are
unknown to the legal researcher.
6. There is an unfavourable and arrangement attitude towards the empirical research.
The use of qualitative measurement techniques are very difficult to understand
by legal researchers.
