Del derecho como disciplina social al diseño de investigaciones jurídicas

From Law as (a) social discipline to the design of legal research

   This article proposes a guide for legal research design by reviewing some central topics in the drafting of a research in social sciences (the problem, objectives, hypothesis, etc.) and providing some specific examples from legal research work. For anyone who is starting his/her academic carrier or writing a thesis, some ‘problems’ in law research as well as the so-doing will be also analyzed. In doing so (and on the basis of an extensive literature review on social sciences, the answer to a public information request submitted before CONICET and some preliminary results to a survey conducted among lawyers who are researchers), Law as discipline and its teaching will be a starting point to approach the legal world as an object of investigation and, in addition, a perspective from which researching may be done. Such a diagnosis indicates that the manner in which legal investigations are usually carried out in the field (theoretical, without peer review or an adequate methodological design) is conditioned by the discipline and their mechanisms of reproduction and that actually, this fashion is part of the framework that allows to keep the status quo.

   Keywords: law - social sciences - methodology - research - scientific method - legal research

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