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If we describe jurisprudence as the theo- methods which are unique to the “science of
retical wing of law, then doctrinal studies of law”’, and believe that ‘legal developments
law, or ‘black letter scholarship’, becomes its can be interpreted, critiqued, and validated by
pragmatic academic wing. The ‘conventional reference to the internal logic of this sealed
legal approach to the law is all about system’ (Vick, 2004: 178–9). In short, doctri-
doctrine’ which represents the standards or nal studies use their own method of reasoning
principles which ‘can generate outcomes in and analysis to collect the specific rules
conventional disputes independent of the and decisions of the existing legal system,
political or economic ideology of judges’ reduce them to their essential statements of
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(Tiller and Cross, 2006: 518). A basis for a rules and exceptions, systematize them and,
doctrine is laid when a court outlines a spe- at times might even evaluate them. Sources
cific framework, set of rules, procedures and from which they collect their raw material are
other legal techniques to decide a case. The limited to ‘a finite and relatively fixed
doctrine becomes established once other universe of authoritative texts’ such as
courts follow the same procedure and form statutes, legal opinions and legal cases (Vick,
of reasoning to decide similar cases. This 2004: 178).
type of reasoning requires an understanding Legal knowledge produced through the
of substantive rules, their origins (legal exegesis of legal texts is, admittedly, of a
sources), how they have developed over time, special kind, but its esoteric character should
their scope and underlying policy. It can also not conceal its social nature. Forms of
require an analysis of the relationship knowledge and ‘truth’ that law produces are
between the rules within the same substan- dependent on communicative processes
tive category of law and how these overlap which are inherently social and fall within
with other legal categories. The role of the the scope of social theory. As pointed out by
doctrinal researcher is to examine ‘the con- Cotterrell, law has no ‘truth’ of its own and
tent of legal opinion to evaluate whether it sociology is in principle capable of grasping
was effectively reasoned or to explore its the essence of legal doctrine and providing it
implications for future cases’ (Tiller and with a form of insight which is ‘not only
Cross, 2006: 518). useful but necessary for legal studies’
In contrast to their counterparts in other (Cotterrell, 2006: 45). Why sociological
disciplines such as sociology, doctrinal ideas are not adopted to enrich doctrinal
scholars ‘do not usually “produce” new analysis is another matter which will be
knowledge’ and what they produce is often addressed in Part Three.
parasitical upon the work which has already Legal doctrine sets the normative context
been done by others (Vick, 2004: 177). in which lawyers acquire their ‘juridical
Doctrinal studies use jurisprudence, legal gaze’, i.e., it sets the backdrop against which
history and comparative law as auxiliary they learn to identify relevant questions and
sources of knowledge or tools of analysis. to read and criticize legal texts by paying
Although a large part of such studies remain close attention to textual contexts, while
descriptive, black letter lawyers can, and do, avoiding the broader social and political
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engage in prescriptive work which aims contexts of legal arguments. ‘A question
to influence the developmental direction which cannot be legitimately answered by
of the law. Yet, they often shy away from reference to a statute or judgment lies outside
social theorizing or addressing the broader the doctrinal gaze’ (Bradney, 1998:76).
societal issues which arise out of legal prac- However, knowledge of legal rules and doc-
tice, legal doctrine or legal developments. trine does not by itself provide a sufficient
This is in part because they treat the law ‘as basis for legal practice. Much of lawyers’
a sealed system which can be studied through day-to-day work concerns dealing with