By: Muhammad Rashid

Research:

Research is a systematic and deliberate process through which new knowledge,

insights, or innovations are generated within the field of existing knowledge.

 It is systematic, specific, targeted, and strictly evidence-based in nature.

 It involves critical and analytical thinking
 Research involves continuous thinking, use of relevant material, and re-thinking
of ideas.

Types of Legal Research

1- Doctrinal Research (Black-Letter Legal Research)

Doctrinal legal research is the traditional and core method of legal research. It
focuses on the study, interpretation, and systematic analysis of existing law as found
in primary legal sources, such as statutes, case law, and delegated legislation .

The doctrinal research aims to identify what the law is, how legal rules relate to each
other, and how they apply to specific legal issues. It does not study law as a social
phenomenon but treats law as a self-contained normative system .

Why Doctrinal Research is needed?

Nature and Purpose of Doctrinal Research:

The main purpose of doctrinal legal research is to bring:

Legal Certainty: it establishes a predictable and consistent framework for how laws
should be applied.
Gap Filling: It resolves ambiguities and "loopholes" by interpreting vague or silent
legal provisions.
Systemic Coherence: It organizes scattered statutes and cases into a logical, unified
legal doctrine.
Practical Foundation: It provides the essential technical authority required for
judicial decisions and legal arguments.
Basis for Reform: It identifies technical defects in existing laws to guide effective
legislative amendments.
This form of research is inward-looking, meaning it is primarily addressed to the
legal community, including judges, lawyers, academics, and students .
Sources Used in Doctrinal Research:

This type of research relies mainly on;

 Primary Legal sources: Statutes, constitutions, and judicial decisions
 Secondary Legal sources: Textbooks, commentaries, law journals, and legal
encyclopedias

Methodology of Doctrinal Legal Research

Doctrinal research generally follows a two-part process:

1. Locating the Law

This involves identifying and collecting relevant primary sources such as:

 Statutes and legislation

 Judicial decisions
 Rules and regulations

2. Analysis and Interpretation

Once sources are located, the researcher interprets and analyses them using legal
reasoning techniques such as:

 Deductive and inductive reasoning

 Analogy
 Synthesis of principles

This analytical stage is qualitative in nature and depends heavily on the researcher’s
legal expertise and reasoning skills .

3. Use of Secondary Sources

Although doctrinal research focuses on primary sources, it also relies on secondary

materials such as:

 Textbooks
 Journal articles
 Law reform reports
 Legal encyclopaedias

These sources help provide background, context, and scholarly interpretation,

especially during the literature review stage .
Problem-Based and Academic Doctrinal Research

Doctrinal research may take different forms:

 Problem-based doctrinal research, commonly used by lawyers and students,

aims to solve a specific legal issue.

 Academic doctrinal research is broader and deeper, allowing researchers to

choose the scope, depth, and direction of inquiry without being constrained by
client needs .

Distinction from Empirical and Interdisciplinary Research

Doctrinal legal research is distinct from empirical research because it does not rely
on surveys, interviews, or statistical data. Instead, it focuses on authoritative legal
texts that derive legitimacy from courts and legislatures, not from observed social
behaviour .

Key Features of Doctrinal Method:

 Relies exclusively on primary sources

 Uses legal reasoning and interpretation
 Aims to clarify ‘’what the law is’’ rather than collect empirical data
 Produces a logically reasoned statement of existing law

2- Socio-Legal Research [By Sir Sohail Farooq]

Introduction
Socio-legal research is a type of legal research that studies how law works in real life.
It does not look at law only as written rules in books, but also examines how people,
institutions, and society actually use and experience the law. This research helps us
understand whether laws are effective and how social, economic, and cultural
factors affect the working of law. In simple words, socio-legal research studies ‘’law
in action.’’

Categories of Socio-Legal Research

1- Descriptive
Descriptive socio-legal research explains what is happening in society regarding law.
It describes how legal institutions work and how people interact with the law. For
example, it may describe how courts function or how citizens understand their legal
rights. It only presents facts and does not explain reasons.
2- Explanatory
Explanatory socio-legal research explains why certain legal problems or outcomes
occur. It tries to find the reasons behind the working or failure of laws. For example,
it may explain why some laws are not properly enforced or why people do not trust
legal institutions.

3- Evaluationary

Evaluationary socio-legal research checks whether a law or policy is successful or not.

It studies whether a law has achieved its purpose and whether it has caused any
problems. This type of research is often used to suggest law reforms.

4- Predictive
Predictive socio-legal research tries to guess future outcomes. It predicts how
changes in law or society may affect people in the future. This helps lawmakers plan
better laws.

Characteristics of Socio-Legal Research

 Interdisciplinary
Socio-legal research uses ideas and methods from other subjects such as sociology,
economics, political science, and psychology. This helps in understanding law from
different angles.

 Comparative
This research often compares laws and legal practices of different countries or
societies. Comparison helps in understanding which laws work better and why.

 Empirical
Socio-legal research is based on real data collected from people and institutions. It
uses surveys, interviews, observations, and official records instead of only legal texts.

 Contextual
Law is studied along with social and cultural conditions. This means law is not seen
alone, but as part of society.

 Critical and Reflective

Socio-legal research questions whether laws are fair and just. It looks at issues like
inequality, power, and justice in the legal system.

Operationalization of Legal Concepts in socio-legal method

Operationalization means changing legal ideas into things that can be studied in real
life. For example, ideas like justice or access to justice are studied through people’s
experiences, court delays, or availability of legal help.
1- Data Collection
Data collection is an important part of socio-legal research.
Researchers collect information using:
 Structured questionnaires
 Official records, police data and government reports
 Online surveys

2- Data Entry and Analysis

After collecting data, the information is entered into computers. Tools like Google
Sheets or Excel are used to organise the data. The data is then studied to find
patterns, trends, and problems.

3- Use of Digital Tools

Digital tools help researchers manage data easily. Google Sheets, Excel, and online
survey tools help store, analyse, and present data clearly. These tools save time and
reduce errors.

4- Confidentiality and Ethical Considerations

Socio-legal research involves people, so ethics are very important. The identity of
participants must be kept secret. Their permission must be taken before collecting
information. Sensitive information must be protected to avoid harm or misuse.

Key feature of an effective Socio-Legal Tool:

 Clear Language
 Unbiased Questions
 Cultural Sensitivity
 Logical Flow
 Validated Formats
 Confidentiality Features

Conclusion:

Socio-legal research is important because it connects law with society. By studying

real experiences and data, it helps improve legal systems and make laws more
effective and fair.

How Socio-Legal Research is different from Doctrinal Legal Research?

Differences Doctrinal Research Socio-Legal Research

Common Name Law in Books Law in field
Basic Question What is the law? How does law work?
Data Sources Statutes & Case laws Surveys and Fields work
Setting Library/Desk Field/Society
Approach Qualitative/ Quantitative Emparical /Inductive
3- International and Comparative Legal Research

Meaning of International and Comparative Legal Research

International and comparative legal research examines law beyond national

boundaries. It focuses on international legal rules and compares laws of different
countries to understand similarities, differences, and best practices. It studies how
international law influences national legal systems and global governance.

Purpose and Significance of International and Comparative Research

This type of research helps in improving domestic laws, promoting legal

harmonization, supporting law reform, and addressing global legal challenges. It is
increasingly important in a globalized world where legal systems are interconnected.

Steps for International Doctrinal Legal Research

International Doctrinal Legal Research is the systematic study of legal rules,

principles, and concepts through the analysis of authoritative texts.

1. Identify the Category

First, figure out which "field" of law you are in.

Public vs. Private: Decide if the issue is between countries (Public) or between
private people/businesses (Private).

Hard vs. Soft Law: Check if the rules are Binding (mandatory "Hard Law" like treaties)
or just Suggestions (persuasive "Soft Law" like UN resolutions).

2. Sourcing International Material

Finding these materials requires navigating the "resource trails" of international

bodies and academic literature.

A. UN Bodies & International Organizations

The United Nations (UN) is the primary repository for international law. Key
research points include:

 UN Treaty Collection: For finding the text and ratification status of treaties
 Specialized Agencies: For specific topics (e.g., WHO for health law, WTO for
trade ILO for labor).
B. Fundamental Literature (Books & Doctrinal Works)

This is the "heart" of doctrinal research. It involves analyzing:

Treatises: Comprehensive books by leading scholars

Commentaries: Article-by-article explanations of specific treaties.

Journals: Peer-reviewed articles that debate emerging legal doctrines.

C. Grey Literature (Non-Traditional Sources)

"Grey literature" refers to material not published by traditional commercial

publishers. It is often the most up-to-date information available:

Working Papers & Reports: Often from NGOs (like Amnesty International) or Think
Tanks.

Theses & Dissertations: In-depth academic studies on niche topics.

Conference Papers: Presentations of new research before it hits a journal.

3. Verification and Implementation:

Finally, make sure the law is still active and see how it is used.

Court Rulings: Check how the ICJ or other courts have solved similar
problems in the past.

Current Status: Ensure the treaty is still "in force" and see if a country has
added any Reservations (specific parts they refuse to follow).

Thesis Statement
A thesis statement is a clear one sentence that tells the main idea or claim of a
research paper. It explains what the researcher is trying to prove, explain, or analyse.
The thesis statement shows the central idea of entire research and keeps the
discussion focused.
Types of Thesis Statement
It has mainly three types.

1. Analytical Thesis Statement

An analytical thesis statement breaks a legal issue into parts and examines how and
why it works in a particular way. It does not argue for or against something, but
analyses the legal principles, judicial reasoning, or structure of the law.

Example:
The doctrine of separation of powers in Pakistan shows how constitutional authority
is divided among the legislature, executive, and judiciary to maintain a balance and
prevent misuse of power.

2. Expository Thesis Statement

An expository thesis statement explains or describes a legal concept, rule, or process.

Its purpose is to inform the reader by presenting facts and explanations without
taking a position.

Example:
Article 25 of the Constitution of Pakistan explains the principle of equality before law
and guarantees equal protection of law to all citizens.

3. Argumentative Thesis Statement

An argumentative thesis statement takes a clear position on a legal issue and aims to
persuade the reader. It supports a particular viewpoint using legal reasoning, case
law, and statutes.

Example:
The misuse of preventive detention laws in Pakistan violates fundamental rights and
requires strict judicial oversight to ensure constitutional protection of personal
liberty.

Literature Review
A literature review is a summary and evaluation of existing research on your topic
and where is the gap. It shows what other scholars have written, what they agree or
disagree about, and what is still missing or unknown in that area of study. It helps
you understand the current state of knowledge and situate your own research within
it.
Purpose of Literature Review:

The literature review has several key purposes:

1. Shows the current state of knowledge

It explains what researchers have already discovered and discussed about your topic,
helping your reader see the background and context.

2. Justifies your research

By identifying what is known and where there are gaps or unanswered questions, it
explains why your own research is important and necessary.

3. Establishes the value of your topic

It explains why your topic matters within the field and helps convince readers that
your research has relevance and purpose.

4. Shows what tools or theories you use

It also justifies your choice of theories, concepts, and methods by showing how
previous research used them.

5. Credibility of the Researcher

Additionally, a literature review establishes the credibility of the researcher. It shows
that the researcher has critically engaged with relevant scholarship and understands
the major arguments and perspectives in the field.

Structure of a Literature Review:

Introduction:
A literature review usually begins with an introduction that explains the focus, scope,
and purpose of the review.
Main Body:
The main body of the literature review discusses existing studies in an organized
manner, often by themes, concepts, theories, or chronological development.
Conclusion:
The literature review ends with a conclusion that summaries the key findings of the
reviewed literature and clearly identifies gaps or limitations.

Types of Literature Review:

1- Traditional Literature Review

A traditional literature review is the most commonly used type in legal and social
science research. It gives a general and critical overview of existing writings on a
topic. This type of review is flexible and depends largely on the researcher’s
understanding and judgment.
2- Systematic Literature Review

A systematic literature review follows a clear and organized process to study existing
research. The researcher uses fixed rules to search and selection for literature. It is
useful when a researcher wants to answer a specific research question using existing
evidence.
3- Grounded Theory Literature Review

A grounded theory literature review is usually done after or during data collection
rather than at the beginning. Its purpose is to allow ideas and theories to develop
from the data instead of being influenced by existing literature too early.

Placement of Literature Review in Thesis or Papers:

The placement of literature review depends upon the type of research;

 Sometimes literature review is separate chapter after the introduction.

 Sometimes it is part of the introduction.
 In some thesis, small reviews are placed within individual chapters that relate to
specific topic.

Research Gap
Research gap refers to an area or issue that has not been adequately studied or fully
explained in existing research. It shows what is missing in previous studies and
explains why further research is needed.

Research Methodology
[Entire Procedure of Research]

Research methodology explains the overall approach and reasoning behind a

research study. It tells why a particular method is chosen and explains the research
design, type of research, and principles used in the study.

Research method
[Specific path/procedure in methodology]

Research method refers to the specific techniques or tools used to collect and
analyse data. It explains how the research is actually carried out, such as surveys,
interviews, case analysis, or data analysis.
Originality of Research
It means an element of newness in research. Research starts with the description of
already existing works but then it moves to original contribution of researcher. For
originality, we do analysis after descriptive study of existing literature. This is the
most challenging part.

Theoretical Framework
[Theorization of Research]

Theoretical framework means developing a clear theory for your research before
starting analysis. It helps the researcher explain ideas in a proper and organized way.
The framework must be consistent and not haphazard, so that the research follows
one clear line of thinking.

A theoretical framework makes research analytical rather than descriptive. It helps in

analyzing the issue from different angles, such as legal, social, or economic
perspectives, while still remaining focused. The researcher should stick to one
theoretical framework throughout the study so that the analysis remains clear,
logical, and well-connected.

Issue of Integrity in Research

Research integrity means conducting research in a truthful, responsible, and ethical
manner. It requires researchers to follow accepted academic, ethical, and technical
standards so that research results are reliable and trustworthy. Lack of integrity
damages the credibility of research and the reputation of academic institutions.

 Academic Integrity
 Ethical Integrity
 Technical Integrity

1. Academic Integrity

Academic integrity refers to honesty and responsibility in academic work.

Researchers must present their own ideas and properly acknowledge the work of
others. Academic integrity ensures that research contributes genuinely to knowledge
and does not mislead readers.
2. Ethical Integrity

Ethical integrity relates to moral values that guide research behaviour.

Plagiarism:
Plagiarism means using someone else’s work, ideas, or words without proper
acknowledgment. It is a serious academic offence and undermines originality and
trust in research.

Honesty:
Honesty requires researchers to report findings truthfully without hiding or changing
results. Data should not be manipulated to support personal opinions.

Accuracy:
Accuracy means collecting, recording, and reporting data carefully. Errors in data or
analysis can lead to wrong conclusions and harm future research.

Transparency:
Transparency requires researchers to clearly explain their research process, sources,
and methods. This allows others to verify and understand the research.

Accountability:
Researchers must take responsibility for their work and be answerable for any
mistakes or misconduct. Accountability promotes careful and responsible research
practices.

Objectivity:
Objectivity means avoiding personal bias or prejudice. Research conclusions should
be based on evidence, not personal beliefs or external pressure.

Respect:
Respect involves treating research participants, colleagues, and institutions with
dignity. It also includes respecting confidentiality and informed consent.

Fairness and Credibility:

Fairness means giving proper credit to contributors and evaluating work impartially.
Credibility is achieved when research is conducted ethically and is trusted by the
academic community.

3. Technical Integrity

Technical integrity relates to the correct presentation and documentation of

research.
Proper Formatting:
Research must follow prescribed formatting rules such as headings, margins, and
layout. Poor formatting affects readability and professionalism.

Language Mistakes:
Clear and correct language is important for effective communication. Grammar and
spelling errors can distort meaning and reduce research quality.

Citation:
Proper citation is required to acknowledge sources used in research. It helps avoid
plagiarism and allows readers to locate original sources.

Bibliography:
A complete and accurate bibliography shows all sources consulted. It reflects
thorough research and academic honesty.

4- Singapore Statement on Research Integrity 2010:

The Singapore Statement on Research Integrity 2010 sets out global principles for
responsible research. It emphasises honesty, accountability, professional courtesy,
and good stewardship of research. It mainly highlights following misconducts:

Fake Data:
Fake data refers to making up data or results without conducting real research.
Biasness:
Biasness occurs when a researcher allows personal opinions, ideology, or external
influence to affect research outcomes. Bias leads to unfair and unreliable
conclusions.
Co-authorship without Contribution:
This issue arises when someone is listed as an author without making a real
contribution to the research. It is unethical and unfair to genuine contributors and
violates academic integrity.

Structure of Research Article under Doctrinal Legal Research

Method

1. Title

The title is the first and most important part of a doctrinal legal research article. It
should clearly reflect the subject, scope, and focus of the research. A good title
includes all important elements of the study. At the same time, it excludes
unnecessary words or ideas that do not directly relate to the research. The title
should be precise, meaningful, and not misleading.
2. Identification of Sources

Identification of sources is the backbone of doctrinal legal research. Sources are

divided into primary and secondary sources.

 Primary Legal sources: Statutes, constitutions, and judicial decisions

 Secondary Legal sources: Textbooks, commentaries, law journals, and legal
encyclopedias

3. Tabulation of sources

Tabulation is used to organize legal material in a clear and comparative manner.

Comparative tables may be prepared to show changes in law over time, judicial
trends, or differences between legal systems. Timelines are useful to present the
historical development of laws or case law.

4. Readings

Reading is a crucial step in doctrinal legal research.

In the first stage, the researcher reads all relevant material completely to understand
the subject in depth.
In the second stage, the researcher prepares summaries of the readings to use the
material during analysis and writing.

5. Literature Review

The literature review discusses existing writings related to the research topic.
The literature review also identifies gaps in existing research Based on these gaps,
leading research questions are framed, which guide the direction of the study.

6. Answering Questions

This section forms the core analysis of the research article. The researcher answers
the research questions using primary and secondary sources. It must be descriptive
and analytical.

7. Conclusion

The conclusion summarize the main findings of the research and restates the
answers to the research questions. It reflects the outcome of the doctrinal analysis in
a clear and concise manner.
Recommendations may be included in the conclusion, but they are optional.
However, if the researcher has stated at the beginning that the study is a policy-
oriented work, then providing recommendations becomes necessary. These
recommendations may suggest legal reforms, judicial approaches, or policy changes.
Plagiarism
Plagiarism is the act of presenting someone else's work, ideas, or language as your
own without providing proper credit or attribution.

Why Plagiarism is Unethical?

Intellectual Theft: It involves stealing another person's ideas, words, or work and
passing them off as your own.

Breach of Integrity: It undermines academic integrity, which is essential for the

quality of the higher education system.

Lack of Recognition: It fails to acknowledge or credit the original author's intellectual

contributions and hard work.

Deceptive Practice: It is a form of academic cheating where a person pretends that

existing knowledge is a new and original idea.

Violation of Research Ethics: It contradicts the ethical research culture and

guidelines mandated for all higher education institutions.

Harm to Reputation: It puts the reputation of the individual researcher, their

institution, and the publisher in serious jeopardy.

Legal Infringement: It often involves the violation of Intellectual Property Rights

(IPR), which carries legal ramifications.

Unfair Advantage: It allows individuals to unfairly seek benefits, grants, or

promotions based on work they did not actually produce.

Misleading the Community: Practices like data plagiarism involve falsifying or

fabricating work, which misleads other scholars and the public.

How plagiarism can be removed?

Plagiarism can be removed by following steps:

 Proper Citation and Documentation of sources

 Use of Inverted Commas to clearly distinguish the original author's work from
your own
 Paraphrase effectively by writing information entirely in your own words and
sentence structure
 Keeping a research log consisting of all sources used in the research work
 Ensuring that the overall similarity index of a document is less than or equal to
19%, with no more than 5% from a single source

Legal Mechanism to deal with Plagiarism under HEC Anti-Plagiarism

Policy 2010:

1. Lodging a Complaint: Any student, faculty member, or citizen can file a formal
complaint with the head of the institution (VC/Rector), provided it is not
anonymous and includes valid identity proof along with evidence of both the
original and plagiarized works.

2. UAPSC Investigation: The institution constitutes a University Anti-Plagiarism

Standing Committee (UAPSC), including subject and HEC experts, which must
use electronic detection systems and hearings to submit a findings report within
60 days.

3. Penalties and Appeals: Based on UAPSC findings, the competent authority

imposes penalties ranging from minor warnings to major dismissals or
expulsions, with a two-level appeal process available through the University
Syndicate and then the HEC National Plagiarism Standing Committee.

Types of Penalties and Grounds:

Based on the HEC policy, penalties are categorized into three levels based on the
severity of the offense:

Grounds for Penalties

i. Major Grounds: Deliberate acts, duplicate publications, or a similarity index

between 35% and 50% with over 30% in findings.
ii. Moderate Grounds: Deliberate plagiarism spread over a substantial part of the
paper with a similarity index between 25% and 35%.
iii. Minor Grounds: Unintentional errors, lapses in judgment, or a similarity index
between 20% and 25% that does not affect results.

Types of Penalties:

Major Penalties: Dismissal from service, expulsion of students, withdrawal of

degrees/grants, and being debarred from funding for two years.

Moderate Penalties: Failing a course, being stopped from increments or promotions

for two years, and suspension of student supervision for one year.

Minor Penalties: Mandatory proposal revision, required completion of a "Research

Ethics Course," and a formal warning placed in the person's dossier.
Steps in Research Synopsis:
1. Title Page
2. Table of Content
3. Thesis Statement
4. Introduction
5. Literature Review
6. Research Questions
7. Research Methodology
8. Research Method
9. Tentative Chapterization
10. Biblography

[Note: Also prepare your research synopsis in summarized form according to above
method, there may be a question to write a research synopsis following these steps
on any topic.]