CALVO-GARCIA--Manuel--PICONTO-NOVALES--Teresa.-Empirical-investigation-in-the-scope-of-legal-sociology..md

The investigation

empirical in the scope of

legal sociology

Manuel Calvo Garcia Teresa Piconto Novales

PID_00184287

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Machine Translated by Google 3. Some methodological questions................................................. ... 15

1. Empirical investigation in the socio-legal sphere............

2. Fields of application of socio-legal research.

3.1. Quantitative or qualitative? .................................................................. ......

5.4. The administration of justice before immigration and _

5.2. Right and social exclusion in migratory experiences ........

5.1. Barometers and opinion surveys on the Administration

5.3. Attitudes of the Spaniards before the Criminal Justice

3.2. The place of theory in empirical investigation .....................

4.2.2. Data production techniques ..................................... _

4.3. Analysis and presentation of results ..............................................

3.3. The bureaucratic “ethos” of legal sociology ..........................

22

(secondary investigation) .............................................. ............ 38

4.2.1. Use of existing data ........................................

20

4.2. Data collection techniques ............................................................. _ .......

34

4.1. Design of the investigation ................................................................ ............

28

of justice and legal professions ..............................................

6

18 15

26

31

Goals................................................. .................................................... ....

26

36

gender violence (content analysis ) ............................... 39

11

Activities.................................................. .................................................

Introduction.................................................. .............................................. 5

45

4. Socio-legal investigation ................................................. ............

Bibliography................................................. .............................................

Summary.................................................. .................................................... ....

22

46

43

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5. Analysis of some socio-legal investigations.................................. 34

7

Index

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mentales, and we will introduce elemental knowledge about the design, the techniques

After having reviewed in the previous module some basic plantings so

the developments of empirical legal sociology and provide some basic tools for the

analysis and evaluation of the investigations that are

be able to help as a complement or clarification of what is set out here.

modest. What is pursued is to provide basic information about

on methodology and research in the social sciences accessible to those who

the orientation of the theory of law and the legal sciences towards one

module does not have to do with the training of expert persons, capable of carrying out

socio-legal investigations. The plantings are much more

field of empirical investigation. In any way , it can be useful for the study of this module to

have a manual or some materials

In definitive, the objectives and competencies that are intended to be achieved with this

analyze the design of the investigations and critically evaluate them .

further study for those who are interested in a specific preparation in it

• the empirical sociology of the right

will review some empirical investigations with the double purpose of taking

of research methods and techniques . According to the case, well they will be given by

conocidos to have been studied in another matter, the bien is referred to their

• the sociological theory of law,

contact with the substantive contents of the mismas and, mainly, to

empirical within the scope of legal sociology.

These and ways of conceiving socio-legal knowledge , grouping them into three typical

general orientations:

At the outset, it should be noted that we will not dwell on the revision at the bottom

perform in this field.

Regarding the perspectives of social theory on legal phenomena, in this module 3 we will

present the contributions and developments of research in

In module 1 we look at the presentation of the plurality of corridors

5

Introduction

socio-legal perspective.

techniques for data collection and analysis of results . As a complement, if

•

Consequently, in this module we will review the approach and fields of application of

legal sociology; some deep methodological questions

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ridic.

critically evaluate them .

Goals CC-BY-NC-ND • PID_00184287 Empirical investigation within the scope of legal sociology

unilateral.

8. Provide basic knowledge about design , recognition techniques

nocer cuál es el estado de la cuestión al respecto.

data management and the analysis and presentation of results.

3. Deepen around the fields of socio-legal research and co

know elementally which may be its main implications. 7. Identify the reasons for the bureaucratic “ethos” in legal sociology and

2. Evaluate the state of empirical research in the socio-juvenile sphere

3. Reflect on what is the role of theory in empirical research.

it is based on legal sociology oriented to empirical research.

tacto con los contenidos nouns de las mismas; analyze your design and

va and/or qualitative and value possible exits that superen plantations

1. Know what the origin is and the epistemological foundations on which

ner of analytical and critical tools on empirical research.

The contents of these materials are:

5. Deepen the foundations of the debate on quantitative methodology

6. To review some empirical investigations with the aim of taking into account

7. Explore some general methodological questions at the end of the dispo

The objectives and competences that you will have to achieve once you have worked them

Machine Translated by Google it does not in itself constitute empirical research, although it may have a socio-legal

focus.

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lesser fortune.

7

1. Empirical investigation in the social sphere legal

how can it be the study of jurisprudence and legislative background,

intersects with a long tradition within the scope of Anglo legal cultures

authoritarian among those who participated Theodor W. Adorno and other critical authors

Quantitatives ended up imposing themselves linked to the height of positive theories.

empirical understanding of legal phenomena. This is a perspective that

Thematic of data collection techniques and their analysis according to the appropriate

methodologies . Second, the mere analysis of legal documents,

empiricas en EE. UU. during the postwar period (Treves, 1988). Although, to be fair, it

would have to be noted that investigations into personality

methods and techniques of social investigation in order to provide knowledge

Social. And, secondly, we restrict this terminology to the sis application

within the scope of legal sociology, which aims to resort to the

Social companies and a favorable context determined the peak of investigations

mind the methods of sociology, as we also have to consider the techniques developed in

other disciplines such as anthropology and psychology

because for decades the heyday of functionalism pushed the development of sociology

along theoretical paths. However , the positivist drift of science

It's like the American way of doing sociology. We decide paradójically,

Which means, in the first place, that we do not take into sole consideration

talk about an empirical sociology. A specific orientation _

and appear linked to the great classics of social sciences (Engels

in front of the use of quantitative and qualitative methods proper to research in

social sciences.

socio-juridical right , we señalábamos en elmodulo 1 que también puede

y Marx; Weber, Durkheim or Tönnies), the paradoxical empirical investigation is going

to be developed in EE. UU. and even identifies himself at some point

Despite the fact that the first empirical investigations took place in Europe

Together with the contributions of social theory on the right and the theory

We consider as empirical investigation the studies carried out in

also played an essential role in the development of empirical investigation , contributing

in an important way to the development of methods that

sajonas and nordicas and that it would have been extended to all the countries with greater the

more than the dominant quantitative methodology. However, the methods

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Note

Note

Note

other British foundations.

8

These foundations provide resources to carry out costly empirical investigations into legal professions , the administration of justice or the Juror. This is to say, the investigations that characterize the development of legal sociology at that time.

The creation of the Institute of Sociology at the University of Var Sovia, which has just completed fifty years , plays and continues to play a fundamental role in the development of legal sociology in that country and in Europe , with important achievements, for example, with British research centres .

The Nordic Association of Legal Sociology still has a great vitality and continues to have strong legal sociology departments , such as the one at the University of Lund.

In addition to the Nordic countries and the United Kingdom , in the European

panorama , Poland , Germany, Italy and France must also be mentioned .

The European tradition has as a reference the empirical investigation in the Nordic

Countries (Treves, 1988), from which it has as a basis the weight of Scandinavian

realistic currents . Although smaller in scope and extension, legal sociology and

empirical investigations developed in the Nordic countries had a greater weight in the

development of European legal sociology in the sixties and seventies in the English

countries.

tas en el campo de las ciencias sociales. Until the point at which the investigation

jones. However, in European countries they always had preponderant relevance to

the theoretical orientations of legal sociology.

this discipline in Spain. These initiatives came together with enthusiastic support

people linked to sociology (Toharia, a medium path with the right and the group of the

Autonomous University of Madrid) and the study of phenomena

without ever reaching the relevance of this type of studies in the Anglosa countries

among them that stands out la American.

important in the work of numerous authors and research centers – even

trends and will be favored by the support of large foundations,

socio-juridical gods in Spain. However, with few exceptions, the development of legal

sociology in Spain has been oriented towards theoretical aspects .

and the agents of social control (Bergalli) propitiated the development of the studies

Manfred Rehbinder (Treves, 1988), having had an extension im

y Autonoma de Barcelona). These efforts and others arising from the activity of

linked to some relevant figures such as JeanCarbonier, Renato Treves or

dation (which spurred the creation of the Oxford Center for Socio-Legal Studies) and

The empirical studies in the field of legal sociology are linked to these

of some authors and groups directly linked to it (Universidad Autó noma de Madrid,

Valencia or Zaragoza) or at (Universidad de Sevilla, Central

from the seventies, in part thanks to the financing of the American Bar Foun

from statistical tools.

In Italy, France and Germany the empirical investigation appears initially

mental in the development of research in other many countries and in part

scientific knowledge is reduced to basic quantitative empirical investigation

cular in the United Kingdom , where empirical investigation unfolds from

In Spain, socio-legal investigation was driven directly by RenatoTreves , who was

involved numerous times in attempts to develop this

The investigative experience developed in EE. UU. will play a deep role

empirical identity identifies with the American style of doing sociology and the field

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auxiliary contributions to the knowledge of legal practice as from the possible

contributions to the development of a socio-legal theory of law.

questioned both by colleagues from the Facultades de Derecho and by those from the

Facultades de Ciencias Sociales. However, as a result of the process

vocation or conviction on the wave of legal sociology in our country

tuciones and legal practices, to pulsate the trends and evaluate the cam

siones del Genn Report on empirically oriented socio-legal research

scientific foundation, ideological criticism and theoretical criminology tie , in general,

to a high or very high scientific level; but the investigation only

In general lines, making a balance on the current situation of sociology

scope of socio-legal investigation can be considered cut and fragmentary . It's not

just about the lack of a broader project than

Twining (2009), who has defended the need for empirical research

socio-juridical right .

core of socio-legal studies is not constituted by investigations

port refers fundamentally to the panorama of investigation in the Kingdom

Those that have arisen on borderlands are only known by jurists , while investigations

into legal professions and

would be insufficient at all points, both from the point of view of fun

Berlin in 2007 by the ISA and Juridical Research Committee

a considerable volume of empirical investigations is EE. UU.; but, including

what could be worse, the nucleus of people who are grouped by sympathy, by

Empirical investigation is essential for the knowledge of the institutions

were of a theoretical nature. It also has especially in mind the conclusion

live a little behind the back of empirical research. The sociological theory, the

bio- legal and for the development of any socio-legal approach. One of the authors

who have recently spoken out in this regard is William

richly in the United Kingdom , published with the suggestive title: “Law in the Real

World” (Genn and others, 2006). This report concludes by stating that he

the socio-legal scope in Spain is small, dispersed and, in addition, is being

empirical tests carried out by people suitably trained for it. This re

reviewed, there is an important set of contributions, the production in the

socio-legal, except for a few meritorious exceptions, shines by its absence.

for its interest and for being a necessary element for the development of a theory

Vertebre , bell of its own meaning in the framework of legal sociology.

juridically, it can be decided that while theoretical approaches enjoy a certain good

health, empirical investigations are adolescence of clear weakness and

Twining makes a pessimistic diagnosis based on the presentations made at the

macro-congress (2,300 contributions) jointly organized in

United, but extends this conclusion to other countries. The only country that presents

By saying it quickly, it can be said that the empirical investigation in

the Spanish legal culture is well received by the press; but little more. y

the Asociación Derecho y Sociedad, in which the majority of the presentations

9

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only in this country, if original empirical investigations are considered , these

fieldwork and that this discipline admits plural approaches . Now, once we find this

punctuation, we are also clear, and we want to meet

empirical tigaciones. Then, we coincide with the Geen Report (2006), in which this

type of investigation must be promoted across all media ,

represent a much smaller percentage in relative terms that they work

that in some way is the guarantee that legal sociology is not

continue to maintain it, that legal sociology must be fundamentally based

purely theoretical and textual jos .

build on air.

you in empirical research. The development of legal sociology in recent decades has

been important; but, as we warned, there is a cla

Above , we have defended that socio-legal research should be based on empirical

investigations and this small nuance led to the conclusion that

There is a decompensation between theoretical and textual approaches and investments

not all researchers within the scope of legal sociology must do

10

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promulgation of norms born with the intention of being ineffective norms .

prescriptive or operative character . Certainly, this is a field where there are

practical.

The preparation of white books and reports on the pertinence and content of legislative reforms are common in many countries and in general the approaches to making law (Maclean, 2011) are on the agenda in the empirical sociology of law.

Note

legal

pyric. So, we started talking, in the first place, about producing norms ,

gación, which for its influence this author has had in Spain deserves it

ministry of justice. It is enough to decide that while I had dedicated only

three pages to the previous fields, here the number of pages is multiplied by 3 and the

emphasis placed on the description of this type of studios is much

Secondly , it refers to the application of the norms, a field in which , in a fragmentary

way , important investigations are also carried out re

pity to be held in account. Trevés is following the logical iter of creation and

mayor. Clear indications of the relevance that Treves assigns to this type of investment

norms and legal institutions .

Treves writes with the near horizon of the development of legal sociology

in Italy, which is produced mainly from the 1970s onwards , and marks

numerous investigations, with undoubted interest from a point of view

legal pluralism; the alternative resolution of disputes, which already undertakes

that would constitute the origin of the sociology of Italian law and,

Renato Treves (1988) presents us with an overview of investment fields

Fourthly , Treves refers to investigations into jueces and Ad

ba apuntar en la 70s and 80s ; and the KOL investigations (knowledge and opinion

about law) about the opinion and the social attitudes towards

operators of law, among them that refer above all to the police.

in good measure, it can be decided that they represent the horizon of themes that

where he distinguishes between purely descriptive investigations and others of ca.

that there are some important investigations that demonstrate that

Sometimes legislators seek to carry out latent functions or conceal them within the

related to the implementation and application of the right (Calvo, 2003).

tigaciones. Likewise, the number of pages doubles when reference is made to

investigations into the legal profession ; what is important

Finally , Treves makes a reference from the past to the investigations on the relationships

between legal systems, in which alienate the classic approaches of the

application of the right to describe the situation of investigations in

Thirdly , Treves refers to the non-application of standards, in the field

Above all , we have an account that dedicates a specific section to others

with references to the international plan. The fields of investigation a los

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legal sociology. Nadie started investigations into Admi

there was a very clear tendency to consider that empirical research should be limited

to quantitative methods and a clear preference should be given to

We are rightly seen as “intruders” when we do research on it.

politics or criminology and the same thing would happen with those of legal sciences.

I don't have to decide that these plantings are not sustainable today . for that

thematic quality, both from a general point of view and from the “interior” of

social, deserve their own space as an object of empirical research in legal sociology.

this field. It is clear that it is very focused on academia and research

legal phenomena, The Oxford Handbook of Empirical Legal Research (Cane y

references to quantitative investigations predominate, there are also others

How it can be appreciated in table III.1, where the various sections can be collected

through those that are accounted for in the panorama of the empirical investigation

ridic in the Italian universities which motivated, on the one hand, this impulse

of the fields of application of legal sociology. In those moments there are

of legal sociology and, in particular, of empirical investigations that take place within

this scope.

In this regard, the intention was expressly not to invade the fields of science

investigations carried out through opinion polls .

the question in socio-legal empirical investigation transmits a great ri

All of us who do legal sociology know that in the faculties of

Reason, there may be a need to expand these approaches. For this purpose, we will

use a recent publication on the empirical investigation of

the respective sections (Cane and Kritzer, 2011). The same can be decided from the

point of view of the methodological approaches, given that aunque

which may not be more reflective about the reason for a selection of

referred to qualitative and mixed methodologies .

of justice and the legal professions. Ni tan siquiera los ambitos del control

family, juvenile criminal law or labor relations. These conditions contributed, at the

outset, to the limitation of the perspectives of the

Kritzer, 2011), which presents a good panorama of what is happening in

In reality, it was the need to open a space of its own for sociology ju

administration of justice, the jueces and the jueces or the people dedicated to the free

exercise of law. But perhaps there is something more in this reductionist planting

we are Anglosajonas, but they are also the greatest exponents

In the socio-legal scope, the investigations on the

identify themselves with socio-legal research in our country. reason for

of empirical research and, on the other hand, the search for specific areas of

investigation that do not collide with other related disciplines.

The analysis of the fields that are covered by this review of the state of

CC-BY-NC-ND • PID_00184287 Empirical investigation within the scope of legal sociology

fields of investigation so narrow, where only if you go further than in vestigaciones

sobre la producción y aplicación del derecho, la Administración

Machine Translated by Google pergeñado norm. The most important areas of private law and regulatory law deserve

specific attention and, if we descend

specific to other topics related to the transformations of rights,

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28.Human rights

31.Environment

35.Alternative Dispute Resolution 33.Legal pluralism

3. Criminal proceedings and actions by the Tax Authority

4. The preventive impact of criminal sanctions

5. Personal injury disputes

6. Jurors and legos in the justice system

7. The culture of complaint and legal mobilization

Box III.1. The state of the question of empirical legal research according to The Oxford handbook of empirical legal research

11. Probation right

12. Policia

13. Delinquency and delinquents

14. Collective actions

15. Academy and training of jurists

16. Administrative justice

17. Administration of justice and civil procedure 9. Access to civil justice 10. Courts of appeal

18. Images and public opinion of justice

19. Selection, training and judicial career

24.Families

25.Housing and property

32.Development and democratization in law and in legal decisions

6. Courts and judicial adjudication

7. Lawyers and other legal service providers

Transformations

Control

Investigations

Administration

23.Regulation of professions

19.Contracts and companies

29.Constitutions

20.Financial markets

30.Social security and social welfare

26. Work and labor laws

34.How does international law work in a globalized society?

21.Consumer protection _

27. Occupational health and safety

28. Bankruptcy and insolvency

the content reviewed in the respective chapters, the investigations han si

The books are dedicated to themes related to criminal justice and social control . As

for the research topics related to the various

Administration of justice and the legal professions, but the panorama if there is

do numerous and have been concerned with all but the subjects susceptible to

investigation within these scopes. Some sections are also dedicated

legal disciplines, we see how these have considerable weight in the country

notably enriched. Furthermore, it is significant that the first chapters

to which we will refer in the module “socio-legal theory of law”.

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Also see

For more information on the Anglo -Sajón socio-legal context , consult the section “The institutionalization of legal sociology ” in the module “Socio-legal perspectives on rights” .

Ultimately , in the last few decades, an important breakthrough had been produced

which takes root fundamentally in the Anglo-Saxon socio-legal scope. en

Linked to the Committee for Research in Sociología Jurídica de la Asociación

thematic structure, due to which the horizon of socio-legal research

International Sociology .

In this sense, in addition to the very evolution of legal sociology in the last few decades ,

the imprint, on the one hand, of the

asociación there are people linked to the different legal fields. In another order of things,

the fact that in this current there are investigators proce

Law and Society has always contained disciplinary plans and the construction of a

specialized field of investigation. On the contrary , invest

teeth in the soil of sociology, bell also of anthropology, psychology

tradition in the development of empirical investigations; and on the other hand, the weight

social and other disciplines have contributed to providing a certain methodological plurality

– despite the fact that a greater weight of investment is still observed

gación is bound to all legal scopes , for the same reason that in it

de la correente linked to the Law and Society association . The perspective of this

association has always been broader than that of legal sociology

ca would have expanded considerably. This impression is determined by the context from

which this state of questioning has been produced ,

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quantitative tigaciones.

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variables, standardized social indicators, codes, etc. how can it be

social pains.

themes of sociological positivism and are adequate to provide

conceptually reflects social reality and filters it through concepts ,

to be quantified , what they are can end up “decontextualizing” or only being

subjected to a typical “contextualization” based on certain indicators .

Data susceptible to statistical treatment. The object of the investigation bus

techniques such as content analysis and secondary investigation that also

not determined by the possibility of obtaining numerical data and analyzing it

can give an account of social hechos and leyes and causal determinants

As it has been possible to reach in the previous one, the titative-qualitative

methodological tension has given rise to a debate, which is decisive both from the

point of view of the thematic options and from the point of view of the style and the

development alternatives of legal sociology, which is why it is important to briefly

clarify the implications that derive from one or another methodological option. Let's do

it from an open perspective and without having a profession of faith on one or another

type of methodology. However, it is perhaps worth mentioning that , despite the

advances that have been made in recent decades with regard to the use of qualitative

techniques, the quantitative paradigm continues to be dominant in the panorama of

social research, at least in what related to the specific field of sociology. However ,

as has been pointed out, the strength of qualitative methods is a reality in the

panorama of social research.

counterproductive to valid knowledge, as a consequence

The quantitative social investigation, in general, is identified with the realization

of surveys through interviews with questionnaire, but there are others

that los rigen. These data are collected in order to verify the hypotheses that

This type of data collection techniques is based on episodic premises _

Precisely, this quantitativism allows this type of investigation to

the theoretical knowledge of researchers emerges and filters down to

Note

bién pueden ser quantitativas.

statistically.

You can cause the only data that interests you to be the only data that are susceptible

earnestly. The design of the investigation and the presentation of results comes

Apart from the above, exploring certain themes and handling certain types of data, such as the opinion of expert persons and the citizenry regarding the administration of justice, may require recourse to quantitative techniques – which is not obvious the need to consider the possible reductionism and the limits of these methods.

For more information on quantitative techniques, see the “ Socio -legal investigation ” section of this module.

See also

3.1. Quantitative or qualitative?

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symbolic that determine it. Therefore, the qualitative investigation tends to microsociología,

the study of social processes in real contexts of co

In other order of things, the quantitative methods allow to construct the illusion

magnitude of fieldwork and the increasing complexity of methods

words and behavior of the investigated subjects in their context, describing it by means of

natural language, is decir, as it is.

discover social reality from within . Investigation in this sense does not place itself on a

different plane (scientific or ideological ) from that investigated as

using these methods and ends up giving way to a mechanical application

Facing a model of explanatory sociology, based on laws, causes and norms

symbolizing the conjunction of quantitative methodologies with positivity

of the investigated subjects, even being profane in the field of sociology, the experts of

their world and, secondly, admitting the controlled implication of

ristics of the object of the investigation, why so much the possibilities I put

neutral, de las mismas. Its objectives are aimed at discovering theories, models or

content analysis , etc., and is being supported by the critical review of the former

applied in the framework in which social action and factors are developed

If a “comprehensive” description of social reality is sought, the objective is

Ultimately , from a technical point of view , quantitative investigation separates social theory

from methodology, reducing the object of investigation

munication. One seeks, definitively , to know the social reality through the

In another order of things, the qualitative investigation is subordinated to the character

and routine of data collection techniques that, in general , given there

suele occur with the quantitative investigation . What do you suppose, first, to do?

joke for the study of large social aggregates.

as the themes to be investigated expand considerably. But

quantitative ends up being assumed by companies or investigation offices

of a sociology based on the scientific values of objectivity, coherence and truth . This is

one of the arguments that most prevail and come

mo sociological. The investigator or researcher, if you say, must focus on the knowledge

of the social realities that he investigates and facilitate a technical description,

Qualitative social investigation consists of techniques such as qualitative observation,

open interviews, group discussions , and certain forms of analysis .

but that determine the behavior of individuals, qualitative social investigation seeks to

discover the individual understanding of immaterial subjects

In general terms, you can decide that quantitative investigation is appropriate

principles that are the reason for social phenomena, without projecting their harm or

ideology onto them .

cesos of sociological positivism. The traditional scientific values of sociology are reduced

to which the results of investigation are valid and

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Social.

researcher in the production of social knowledge.

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quantitative tigation. Open to the qualitative methodology, just like us

Obviously, also, the plotting reviewed breaks with the arguments

socio-legal and, in addition, perfectly complementary – susceptible of use

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radical and unilateral scientific rhetoric . But I would also break with the reaction

calling for a profound methodological renewal, which is also being pursued in the field

of legal sociology. In this sense, our proposal

to use the best method , the methods suited to the objectives and requirements of the

field of investigation. I'm apart, expansion is happening

bring. In conclusion, in our opinion of the quantitative investigation and the

ción de la investigación quantitative and qualitative as divergent and irreconcilable

techniques and assume that they are simply techniques that respond

we understand it , it is an option in favor of methodological plurality. The techniques

and research methods are like a “ tool box ” –

set or mixed techniques.

imagination, can open perspectives still unsuspected in legal sociology .

qualitatively, because this way it will be methodologically enriched and, also, because it

will be possible to open the theme of the empirical sociology of law.

can be suitable in both cases for the purposes of the investigation

gación and, even, on occasions, integrate both perspectives. But in mode

in research objectives and not in methodological faith professionals .

socio-legal research addresses the analysis of legal phenomena in all its complexity.

for years there has been an irreducible confrontation between the defenders

positivists on the exclusivity of quantitative techniques, based on a

the articulation of both types of techniques or a mixed technique.

that we defend. On the contrary, we understand that there is a way to elude it considers

qualitative that responds to quantitative sectarianism with another sign with

Qualitatively, there are different ways to carry out social research and you will have to

choose one type of technique or another according to the objectives of the investment

for using the Wittgensteinian simile . The research person must select

den to different methodological approaches for obtaining data ; but _

should encourage improvisation and methodological creation . What is it for

some would be exclusionary. Preferences for some or others must be established

qualitative research and methodological renewal, if used with

It is clear: socio-legal research must also be open to methodology

Methodological plurality and thematic openness are necessary factors so that

In many cases, as has been said, a good investigative design will require

The matization that we advanced in the previous paragraph is important because

aun, it is said that qualitative research has something of craftsmanship and that it

The previous one does not want to decide, in any way, that it should be renounced instead

sors of one type or another of techniques; but luckily this type of planting is being

overcome. In the previous one, it 's clear that it's not planting

Machine Translated by Google that the problem is planted until the analysis of the data and, by assumption, in

conclusion that the qualitative methodology alone does not reject the connections

reduces, in the first place, to the formulation of theoretical hypotheses to be verified,

only the epistemological rupture that propitiates theoretical reflection makes it possible to overcome

spontaneous sociology and the false systematizations of ideology that

obtained through social investigation.

Many people claim that theory is important, but they reduce it to the cliché of hi

The epistemological requirement to pose in relation theory and research, when this thesis is coherently

defied, overcomes the positive plans

las quantitative theses. The peak of qualitative methods had an important collateral effect in allowing us to

overcome “flat” theories of certain positions.

scientists of a misunderstood empiricism. The investigation is reduced to

them, never constructing events theoretically, actions or states

Bourdieu, Chamboredon and Passeron (1989) from a conscientious point of view

proper representations of an understanding based on common sense. El 18

titatives of social research that contributed to the split between theory

rich. According to this, “theory” is important before and after; but not during

be present at all stages of the investigation, from the moment

conceptually the aspects of social relationships susceptible to being

Empirical investigation within the scope of legal sociology

The people who carry out an investigation linked to the current methods

the formulation of objectives and the design of the investigation. But then,

hypothesis to be verified and the situation is de facto at the margin of the investigation. From the point of

view of the quantitative methodology, the function of the theory falls

The pretensions of objectivity and neutrality linked to these plans impose that the theory must be limited to

the description of social “hechos”

envelop social “hechos”.

From the plantings left in the previous section, it is easy to get there

tructivist, who they call “applied rationalism”, argues that the theoretical construction of the scientific object

is fundamental to strip it of its

that are “operationalized” to formulate variables and indicators. The place of theory from this perspective

has a strong relationship with the plants

not with social theory, but that seeks them. Something that is not so clear

of opinions that are investigated to discover their hidden meanings or plant ideological ideas about them

that are supported.

activism, which greatly permeated the development of methods used

formulation of theoretical hypotheses by the person with appropriate scientific knowledge and their

verification through empirical investigation

tas naive of quantitative methodology. As a result, the theory of

3.2. The place of theory in empirical investigation

and empirical investigation.

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investigation. On the other hand, the statistical conditions of a methodology oriented to verify media, imply

that the theory is reduced to filtering with

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mechanical, without theory , as theory without empirical foundations. From this ma

The intention is to develop a theory based on data. This theory

spontaneous and scientifically construct the object from theoretical elements

From the above, we can collect a reinforced strength of theory in its

dominant activist to destroy the “ideology” that in his opinion envelops them

empirical investigations. Therefore, the term “theory” has new implications

ciological to the “duplication” of the same object of knowledge.

To the previous theses , perhaps we would add some of Adorno 's points

scientific knowledge of social reality requires overcoming this understanding

logics and concepts developed from finished data. The theory

face the prevailing ideology and limiting the possibilities of knowledge only

appreciate it, we understand that it is positive for social awareness in general

could be presented as the elaboration of the researcher or the researcher, the final

product developed from the representations and the relationships

Nera, understand that it will be possible to overcome the opposition between rationalism

and empiricism and progress towards a better theoretical coherence and a greater

determinants of the lack of critical capacity of social investigation, which ends up

sanctioning as real the false appearances of the reality that enmasses

and for socio-legal knowledge in particular. advanced reflections

other order of things, renouncing theory and qualitative methods would be

and interpretation of the same. Strauss and Corbin (1997; 2008) suggest that the

development of theory is the culminating aspect of research, if real

relationships with empirical research. Where, how could it have been

On the contrary, the theory arises from the data collected, in the analysis phase

main virtue would reside in its pretense of objectivity, would not serve to discover the

conditions, institutions and real strengths of human acts . en

caricature of the method of science in a strong sense. That's why his proposal to

advance there is a rational method that aims to overcome both empiricism and

and meanings of qualitative designs. One of the most important is that

the subjects interviewed. According to this author, the empirical methods, whose main

and the empiricism that reduced sociological methodology to a mere

In qualitative investigations there is no theory that proves or verifies.

with the theories produced in other studies.

rich and systematic knowledge of sociology. This constructivist point of view implies a

critical review of the plantings of positivism

social “facts”, a limitation that invalidates the possibilities of this method to go further

than a reality “stitched” into the subjective conscience of

it must be the final result of the –qualitative– investigations and it would be elaborated

from the data obtained, only in a second phase could it be contrasted

(1973) in their dispute about positivism in social sciences. This author , from a critical

perspective, questions the capacity of modern empiricism

Leaving the previous aside, today, the greater strength of the qualitative methods is

providing a new dimension to the uses of the theory in the 19

loyalty to the “real”.

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to the sources of power. As a result, social research rose

social linkage and, on the other hand, indirectly, given the difficulties of obtaining

a new type of bureaucracy – periodic reports, cost control , management

legal logic . We would only add a further question, to make it clear that

“sociology of jurists” and the “sociology of sociologists”. Which obliges

lectuales and investigation promoters , intelligence executives _ _

Carrying out empirical investigations obliges groups and researchers to embark on a

complicated task of management . First, to get fi

3.3. The bureaucratic “ethos” of legal sociology

The bureaucratic “ethos” of sociology brings about, in good measure, the heyday

manage contacts, get “porters”, permissions, access to reserved data ,

Up to this point, from a general perspective, it also serves the partner

I made it five decades ago, but his denouncement is still fully up-to-date.

it only limits the selection of topics to be investigated according to the possibilities of

resorting to quantitative methods for collecting data or no. Also

theme of financing because the money promised does not arrive or is insufficient.

what concerns socio-legal investigations the theory must drink and produce results in

an interdisciplinary plan, which overcomes the split between

the use of this type of techniques determines the “priority” of seeking financing. Where,

on the one hand, the bureaucratic “ethos” of investment

remit when the research group consolidates ; but then will arise

dyna to the guidelines of the centers of political and economic power and gives way to

a new version of the division of work among the inte

Of the investigations to be carried out, they push sociology , in general, and legal

science , in particular, towards a bureaucratic and sumisión dynamic

social, on the one hand, and the young recruits, better defined as technicians in

research than as social researchers, on the other.

nanciación. Afterwards, if you have the luck to get it, to perform the act

Bear in mind that the theoretical constructions to be carried out must be based both

on the sources and on the symbolic keys of the social and legal aspects.

financing, provides the greatest development of the sociological theory of law as an

alternative to empirical research.

ordinary, etc. – which also takes up your time. So things, the choice between one

Charles Wright Mills (2000) denounced the bureaucratic “ethos” of sociology.

of quantitative methods. The proposal for quantitative methodology in

etc. Finally , it is not infrequent that you have to return to the load with the

Methodological and academic reasons, linked to the financing problem

it carries other types of problems, such as the economic one. The derived high costs

By the way, it can happen until the “ protagonists” of the investigation change and

there is a new story to start . These types of tasks only

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projects of such groups. centers of academic, political and economic power that support them

specialized in social sciences. It was not so much a question that the other disciplines

had eaten into the terrain of legal sociology; bell too

horizon of books and field work does not seem difficult for those who can

technical and academic that results in strategies that “discipline” the areas

tucionales, so as to be able to finance their investigations. Therefore , this way also

favors the subordination of social research to _

spontaneous laws and blocking access to non- initiates. The academic logic of

specialized knowledge provides a tendency towards scientific autonomy

to join academic groups with academic power and institutional contacts

watertight compartments, where super -specialization and impiden control come

Many times they are chosen with no other objective than to quickly carry out work

and publish it. Furthermore, for the same reason, the researcher will tend

developing social research . Firstly , if you have to do with

academic career, the researcher is strongly tempted to choose the research topics

based on the urgency that determines their need for research

The structure of the academic “career” also decisively conditions the

of academic and scientific development . In addition to the compartmentalization, the

academic career, especially in the beginning of the same, provides the necessary

legal sociology at the university level seems to confirm this .

ability to quickly accumulate publications. In the first sections of your

of his own vocation of autonomy of legal sociology as a strategy

choose. Of course, the predominance of “theoretical” works in the scope of

21

publish publications. Both those and the research methodology

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4. The socio-legal investigation

4.1. research design

22

bring a theme or select a research problem ; clarify it in focus, refine it or concrete it,

and justify it; is to decide, evaluate if it is a

field of empirical investigation. In any case, it would be convenient to have

require inverting time and money. But there are also other conditions, such as the

expertise of the researcher or the group and the availability of data

practical actions, and in particular the availability of resources, will be fundamental

in socio-legal research, conditioning in good measure

further study for those who are interested in a specific preparation in it

In theory, the first steps of the investigation process consist of finding

The cost of socio-legal investigation is an important factor. Investigate

for those known to have been studied in another matter, the good is referred to their

In the manuals, the research process is supposed to be represented as a series of

successive homogeneous phases, but in practice it is clear that these “stages” overlap

and intersperse , allowing several activities of researchers to be in progress in

unison . In addition, due to the fact that social research is always research in progress,

one must be open to introducing new elements in the delimitation of the object and in

the design of the investigation. However, this type of expositions should be useful to

have a first impression on the processes that complicate the empirical investigation,

which is why we will resort to that orderly presentation of the investigative activity.

a discipline such as legal sociology . As a result, well it will happen

cial and institutional. And there is also the relevance of what he pointed out about the

bureaucratic ethos of social investigation in the previous section .

of research in social sciences.

requires time that exceeds the possibilities offered by programming

the selection of themes. From there dependence with respect to the agents alone

Empirical assessment is assumed as tools for methodology and techniques

the objectives of this matter, which require a specific approach and

In reality, the methodological specificities of socio-legal investigation

in- depth study of research methodology does not fit between

it focuses on objectives and a theoretical framework; but in the field of investment

of the investigation that can determine the election of the object. Las limits

I have a handbook on methodology and research in social sciences.

As we mentioned in the presentation, in this section we will not delve deeper into the

review of research methods and techniques . If you understand that he

Note

object to investigate and if you are interested.

suggested by the state of the investigation in the sociolegal sphere or by the lines

The selection of research themes may come from

group research ; _ but in sociojuridical investigation , many times, the themes are facilitated by the institutions or social agents that promote the investigation.

the suggestions found in readings related to legal sociology ; other times they are of personal interests or

Machine Translated by Google 23

choose the ones that are most suitable to reach the foreseen objectives.

develop to achieve research objectives . _ The design specifies the methodology to be

used and the research techniques to be employed to obtain it

more, it will be decisive for the research strategy .

the problem posed and the objectives of the investigation that determine

For some authors, the quantitative and qualitative methods are not only used by

information needed. At the same time, you must resolve practical questions

what should be the techniques to use for data collection . Therefore , the main condition

for carrying out a good research design goes through

choose the appropriate technique for this investigation.

advance in the design of the investigation.

provide it. It should lead to formulating the objectives or research questions and the

techniques to be used . The specification of the objectives and of the

methodologies. From this point of view, they are simply different approaches.

The research design is an integral plan for operations and activities to

population to which the investigation is directed is essential to protect us

against the compilation of data that are irrelevant and unnecessary. Ade

tes for the collection of data, so that the preferences for one or another or a hybrid

approach will be based on punctual methodological questions. Son

At the beginning of the investigation, both methodologies may have an alternative

The investigator has to predict what data he needs to collect and what they are

quantitative and qualitative are just different ways to carry out investment

Once the theme is selected and the object of investigation is constructed , there is

more adequate means to obtain this information and what population there may be

social links, tools to be used appropriately according to the different objectives of the

investigation and, even, if it is possible to integrate both

research styles , rather than opposing paradigms. Therefore , the selection of

If we assume that the distinction between quantitative and qualitative investigation

strong points and weak points (Creswell, 2009; Bryman, 1992; 2008).

that underlie the investigation and the necessary details for the execution of the project.

The elaboration of the design must anticipate the possible alternatives and

this is really a technical matter and the choice of another strategy will depend on its

suitability to account for the questions raised in the country

a quantitative or qualitative research strategy depends on the orientation that the

investigative person has . For us, the methodologies

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Machine Translated by Google Qualitative research is generally more appropriate when the main objective of the

study requires qualitative information.

the research orientation and its objectives on the march, which is extremely operative

when exploring little-known themes or

the ends or general objectives pursued with the investigation. I say it to someone else

to collect and the appropriate procedures for obtaining them. In addition to them way, the objectives of the investigation will specify which are the data

to collect information when the objectives of the investigation seek

zones. Sometimes it is cited as a weakness, perhaps one of the strengths

investigation. For us, there are no doubts about the need to consider

of the research objectives . The objectives need which units are to be observed ,

which is what we are going to observe about these

highly structured investigation which implies the possibility of change The most important aspects of qualitative research are the absence of a design

this type of reasons, apart from the naturalness of the investigation problem , at the

time of choosing an investigation strategy .

The first steps and the selection of an investigation strategy allow

units , and how to structure the observation process to achieve

Qualitative investigation is also necessary when it is a mere first exploration of the

problem to be investigated, because there is not enough information .

Quantitative investigation methods are appropriate and useful means

mación predicted on the topic why it remains hidden for several reasons

In other order of things , although it is not mentioned in the texts, there are also

practical reasons when opting for one or another strategy of

areas of social reality that can present unexpected facets that are

Quantitative techniques can be applied mechanically and routinely , sometimes if

relevant resources are available for much of the fieldwork

researcher or the researcher formulates the project and advances towards completion

objectives, for the project to be useful it is essential to develop it in detail –en

samples relevant to ongoing research .

y analysis is carried out by companies or auxiliary structures.

a methodological section – the techniques to be used, the instruments to be used,

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Deepen the knowledge of social relationships with people, bring out latent beliefs and values or practices , or obtain first -hand information about certain social processes.

Due to the need to analyze a wide range of cases or due to the need to count with numbers related to the effects of establishing comparisons when the specific requested information is familiar to those surveyed; y, of course , when you try an important prior knowledge of the object of the investigation that allows the construction of the necessary variables from the existing theories. Finally , we can point out that social surveys and quantitative experiments are preferable when trying to establish causes and effects .

The training of the research group 's people can guide designs based on quantitative or qualitative techniques ; the time pressure and the need to manage a large amount of information or information coming from a very large universe of informants can condition the need to resort to quantitative methods ; the availability of resources, given that quantitative investigation is very expensive and requires auxiliary work (encounters, computer analysts, etc. ) which is very costly, which is why the people who start the investigation are not linked to a group consolidated will have the option of qualitative methodologies, much less

Example

Example

costly.

data that requires statistical treatment.

Example

Machine Translated by Google 25

qualitative practices or methodologies.

social sciences uses a lot of words like hypotheses, operations

statistics, and you can even decide on the calculation of the size of the sample

it shows from where the data will be obtained .

tación de la población the universe to investigate, with the end of making it possible

All of them are areas of great technical complexity that we will not go into here

of a theme to explore.

(score survey , snow ball method , opinion samples, etc.) are not based on probability

theory , unless strategically it tends to be

views will suppose a reduction or increase in the sample error , respectively.

verse of population to be studied using its geographic location and/or temporal limits,

defining characteristics, etc. From there , select one

such effect. I don't think that the probabilistic tests are more jokes from the point of view

of the quantitative investigation, while

It will depend on the level of confidence, the homogeneity or heterogeneity of the

population to be investigated, in addition to the number of interviews to be carried out. the same

ticas and non- probabilistic ones. The first ones are based on statistical principles

require the collaboration of experts. Developing a probabilistic survey by conglomerates

or stratified requires experience and knowledge

investigation. It must be done by taking care of the details and keeping in mind

which would allow obtaining generalizable data. The non- probabilistic samples

research issues and questions , but not hypotheses – something difficult when it comes to

y del error sampler. That's what I had to add to the display of the museum. OK

As far as the samples are concerned , their purpose is to provide a representation

representation , this type of demonstrations will have obvious limitations to

(Rodríguez Osuna, 2001; 2005). Simply remember that the sample error

important to establish what is the universe of the investigation and select it

poblacional variance and level of confidence, the greater the smaller number among

generalization of the results. The first step will consist in defining the uni

The dominant quantitative positivism has generated a specific language about research

objectives . The technical language of investigation in

intentional museums are more suitable for exploratory investigations

lización, variables, indicators, etc. In reality these concepts only have validity in the scope

of quantitative research and in the experimental designs

Finally , understand that the design of the procedures to be followed for data collection

will largely determine the reliability and validity of the

sample of this population. There are two major types of samples, the probabilities

The elaboration of a probabilistic sample is a technical task and can

and the sequence of steps to follow in the use of these resources. It will also be

but empiezan to be displaced by other terminologies. This occurs, above all, in the scope

of qualitative research, where it is important to talk about objects

and seek to be representative of the population according to these criteria, reason why

mentales, where they mark the technical guidelines for the design of the investigation,

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Machine Translated by Google 26

to subray its relevance in the orientation of legal sociology towards

previous documents that may have been archived in a database or published

the research persons in training or with little experience, the analysis

secondary has the advantage of expanding the methodological possibilities and au

das. These sources include reports from public and social agents, institutional statistics

or from civil society organizations , books and special magazines.

As you have been repeatedly warned, this module is not intended to

ensure the quality of the data obtained. The previous one apart, the advantage more

much useless effort and it is a guarantee of good research, for what will be

We focus specifically on secondary research for its usefulness and because it is within

the reach of all people who are starting out in social research.

mines, 1993). Among the advantages, it is worth highlighting those related to the savings

a fundamental element of the research project .

Secondary information ( Sierra Bravo, 2002; Stewart and Kammins, 1993) is obtained

from the databases and from the information compiled in investigations

of time and money. But more apart from the temporal and cost aspects , to

impossible to obtain the financing you require.

for empirical investigation, a selection of these techniques will be briefly mentioned . This

aside, given your special interest at the time of carrying out work

The data that has just been alluded to are available at many times at no cost to anyone

and with minimal restrictions, thus providing quick and economical information that is

especially useful in the first steps of the investigation. Apart from this use for preliminary

or exploratory investigations , secondary data can be analyzed again in new

investigations with different objectives.

obstacles that may arise in the investigation. A good design will ahorrará

or approaching exploratory socio-legal research , detendre us

Secondary research will have advantages and disadvantages (Stewart and Kam

cialized and, in many countries, archives of information where they are deposited

evident from the secondary analysis of data is the saving in economic terms

they will train researchers or provide a general knowledge of research techniques and

methods . As a reminder , simply

The data obtained from a multitude of surveys or quantitative and/or qualitative

investigations .

and of time. For many people at the beginning of their research careers,

4.2.1. Use of existing data

Carry out an opinion survey with a broad and technically rigorous sample . Secondary data can be brought at a small cost but will always be cheaper than obtaining quantitative data directly .

4.2. Data collection techniques

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Note

Machine Translated by Google the same procedures used in the evaluation of primary data.

correctly the collected data?

carefully.

interests in the topic investigated, must be evaluated very carefully.

sona responsable de la investigación has little experience or has one

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Note

categories:

tigación?

They can be a good starting point and provide many valid perspectives for the design of investigations . Likewise, it has a lot of usefulness to facilitate comparisons and will contrast the research carried out with others. data is collected a menudo with a specific purpose, which can deter

assumption under and/or temporal urgencies. That's it, whenever it's available

• What was the purpose of the studio? Why and why was the investment made?

cho relevant? Is this information still valid?

of reliable and valid secondary data . For which habrán to be evaluated

send them directly. Secondary data also offer advantages to experienced investigators .

• How do I get the information ? What methodology was used? Is it considered

adequate for the purposes of our investigation?

and with a little preparation for ourselves we can start reanalyzing

Also the antiquity of the data will be something to keep in mind, since secondary data

is , by definition, old data.

the information exists in advance and can be evaluated in advance. For

Although secondary research has disadvantages and limitations, the general

conclusion is favorable to this methodology, especially if it per

to facilitate this evaluation , it has been planned that the researcher can resort to

some fundamental questions that would be grouped into six

• How was the information collected ? What indicators are used ?

• When was the information collected ? Can I be affected by someone ?

mine a deliberate or unintentional bias and other problems when reusing these data .

When the data comes from institutions or agents with

Also the time saving is important, the secondary data is already there

The researcher who uses secondary sources, however , has an advantage:

• Who was the person responsible for the investigation? Did you have a good one ?

ron? In general, was the research design correct ? were analyzed

On the other hand, secondary research also has disadvantages. Los

The evaluation of secondary data (Stewart and Kamins, 1993) should follow

professional qualification? What sources and techniques did you use? Could the

results be fetched somehow ?

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4.2.2. Data production techniques

28

Thus, general statistical information and other specific sources on legal institutions and their activity, in particular judicial statistics , statistics on delinquency , opinion barometers , etc., can be very useful for the socio-legal investigation of the investigation and is available at INE and at the Institutos de Estadística de las autonomas comunidads , at the Conse jo General del Poder Judicial, el

For more information about it Use of the investigation would be essential, consult the section “Attitudes of Spanish people before Criminal Justice ” in this module.

Consejo General de la Abo gacía, las memorias del Ministerio Fiscal; the investigations of the CIS, the divisions and organs of the United Nations on crime and delinquency, etc.

See also

defends against possible biases in reused information.

Note

the variety of information is enormous and many of the documentary sources

of opinion, the qualitative interviews, the discussion group and, we will conclude

More specifically, we refer to observation as a technique where data is systematically

recorded, directly or through a technical medium.

Observation (Sierra Bravo, 2007; García Ferrando and others, 2003) as a technique

As you can see, the main sources of statistics exist

be documentary sources or databases and research archives . Per

Obtaining data in databases or research files will allow you to obtain

As we get closer to the top, empirical investigation in the field of

spontaneous because it pursues objectives that respond to a systematic design

• Is the information consistent with that obtained in other investigations

variables , coding based on new categories, etc.) . In any case, it is obvious that the

reuse of data must imply using them

this scientific scope. We already have a reference to data reuse

to contrast its validity and reliability. Sometimes, in scientific terminology

The use of multiple sources of information is, ultimately, the best

on the other hand, the documentary sources can be bibliographical sources; existing

statistics or research reports , etc. _ (Scott, 1990). The volume

analysis and, above all, new interpretations of reused information.

planting more general techniques such as observation , surveys

are accessible without cost.

cia al set of social research methods (Sierra Bravo, 2007) . In

These correspond with governmental or international bodies , although there are also

some that come from private sources.

As far as the sources of secondary research are concerned , these can

with content analysis .

research in the social sciences differs from observation

unique, like the video, for example, which will be analyzed and interpreted

of empirical investigation, which includes fieldwork for the collection of data and the

analysis of the same, and which, finally , is subject to controls

ner microdata and records that can be reanalyzed again (new raw

legal sociology follows the methodological guidelines of the social sciences and, as a

result, from the point of view of collecting data , uses the means of

to respond to new objectives and creative work – from new

Social associations , observation works in a broad sense to make a reference

in secondary investigation. In this section we will make a brief reference to data

production techniques . More specifically, we will review them

similar?

Machine Translated by Google 29

data that will later be analyzed and interpreted.

create models of behavior and practices that for various reasons are hidden or remain

hidden.

tal de la encuesta given that it is through the questions of the same as if

in experimental or laboratory investigations. In turn, the observation

a quantitative methodology. In what follows we will pay attention to others

tions object of observation or no. The experimental observation is observation

analyzed statistically. The basic elements of this technique are there

consequent process of “operationalization”, the variables are obtained and in

controlled by the researcher, and can be carried out in field or field contexts .

Depending on the type of interview and how the fieldwork is carried out , the survey

can be by mail, telephone, through self-administered questionnaire or

but it is very frequent to distinguish between open and closed questions , according to

every seminal qualitative analysis, even in some case, as occurs with the analysis

of the. This method can be used both in field investigations and

within the scope of social psychology and anthropology, but there was still an impulse

preparation of the questionnaire is a task of great technical complexity and must

direct can be classified into participant or participant, depending on whether the person

carrying out the observation keeps distance with the agents and location

In general, it can be decided that they provide especially useful techniques for

through personal interview. The questionnaire is the other fundamental element

the interviews scheduled as field work to obtain them

The survey (Sierra Bravo, 2007; García Ferrando and others, 2003) is the social

investigation technique par excellence. Also here the terminology is ambiguous ,

since it is possible to carry out surveys in general or by making reference to a specific

quantitative technique in which a representative sample of a universe of population is

questioned with the aim of obtaining data that will be

trevista y el cuestionario.

direct, however , it is not a simple observation, as it is carried out by studying groups

or agents and phenomena prepared or manipulated, it is to say,

will obtain the required data. From the hypotheses , based on the

dicadores sobre los que se preguntas del cuestionario . The questions of a

questionnaire can be classified according to its function or purpose,

The survey through questionnaire is the prototype of a technique based on

qualitative methods apart from observation, which could be considered a method

laboratory. Observation methods have been used throughout _ _ _ _

If the answer can be opened or categorized beforehand in the same question – which

in turn can be dichotomous or multiple option. There

content , observation can be based on quantitative techniques.

important with ethnomethodology.

It should be carried out with great care, a critical assessment and a pre-test of the

same being advisable . Once the questionnaire has been drawn up , a

See also

On this topic, consult further in the section “ Barometers and opinion surveys on the Administración de justicia y las profesiones ju rídicas ( surveys through cuestionario)” of this module.

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Machine Translated by Google 30

freely the discourse of the informant people.

Qualitative interview data will be determined by the needs of the interviewee

The informants are common to all interviews and, to be said briefly ,

larized from between 6 and 8 people and seeks to surface the information sought,

Consideration aside deserves the so-called group - focused interview and the group

where questions are more or less predetermined, interviews are

Temporary urgencies may advise resorting to semi -structured interviews

investigation , recording and analyzing the person 's own speech

of psychoanalytics–; semi-structured interviews, when there is a script

substantially at the opening of the qualitative interview, in front of the interviews

litatives, present their own profiles. In particular, the discussion group (García

Ferrando and others, 2003; Ibáñez, 2003) can receive independent treatment

The qualitative interview (García Ferrando and others, 2003; Taylor and Bogdan,

In front of the perfectly structured questionnaires of the surveys, in which the questions

are ordered sequentially and, even, can be

For the rest, when it comes to preparation and development between them

in the interviewee and the future of the interview; or structured, when there between

ñez (2003; 1985) and has shown itself to be particularly effective both when it comes

to speeding up data acquisition and when it comes to its quality

According to the degree of standardization of interviews and the existence of a script

meet with open conversational speeches, where there can be questions, but always

leaving opening margins so that it can flow

which are formulated in a predetermined order. He will come to one or another mode

ethical or strategic. Furthermore , contact and approach techniques _ _

may tend to remain hidden or latent for several reasons. The discussion group consists

of bringing together a group of slightly different informants

consider: in- depth interviews or open interviews – also call

type of discussion, which, although variants of interviews can be considered

vestigación, although it will also depend on practical constraints. So,

han led to define the interview as a conversational act .

participants within this scope of social relationships.

patient. This technique was developed and disseminated among us by Jesús Ibá

with some questions that are asked flexibly in the role of the person

in depth.

view is carried out based on a script that includes a fixed number of questions

Properly understood views , the selection of informants will be less complicated than

in quantitative techniques, being able to use samples in the probability

adequacy for obtaining information related to speeches that

closed and pre-categorized; In these qualitative interviews we will

1986. implies a process of communicative interaction between the person and

tured, which will mean a considerable amount of time in maintaining your

interviewer and interviewees or informants, through which they seek to obtain first

-hand information on problems and topics of

CC-BY-NC-ND • PID_00184287 Empirical investigation within the scope of legal sociology

For more information on qualitative investigation, consult the following section of the “Derecho and exclusion in migratory experiences ( in qualitative investigation)” in this module .

See also

Machine Translated by Google See also

For more information about content analysis , consult further below “ Administering justice before criminal justice and gender violence ( content analysis)” in this module.

field work , which is very frequent – and productive, which allows us to identify emerging

themes – in the analysis of research data

polarized is very effective in bringing out information that would otherwise be

from the perspective of social sciences. This is assuming that it is collected from

In the following section we will analyze some investigations and we will be able to see

including the analysis of the same ones according to the guidelines of other disciplines, such as the

investigative activity. As a general rule , the analysis and interpretation of

they will be registered in files or records following the guidelines of the protocol for

Content analysis ( García Ferrando and others, 2003) is a technique of

Once the field work has been carried out and the data obtained , these have to

We will provide some brief details on how these questions are approached with the aim of

understanding the tasks of empirical investigation in the context of

The results of empirical investigation represent a fundamental step

Content analysis , which emerged as a quantitative technique, can be

however, it may be the case that the analysis anticipates the finalization

initials and, above all, in field work , which sometimes concludes the low work expeditiously

with a superficial analysis of data and without deepening

there the differences already pointed out with the scientific-legal investigation on

servicing and document analysis . Let us analyze its technical condition to differentiate the

content analysis from the mere consultation of documents and

jurisprudential analysis, for example. The content analysis responds to a scientific design

and seeks a valid knowledge of legal phenomena

in a practical way how to present the data. At this point it limits us

person who moderates it. This dynamic of discussion in a group is slightly

cluyen con la recogida de data. Of hecho, the analysis and the interpretation of

data will be exhaustive or representative, as it may be based on more specific criteria ; y

will be carried out systematically and following technical guidelines. Los da

could not manifest.

be analyzed and interpreted as a step prior to the presentation of results . I would have to

reiterate again the cautions about the sequence of the

social investigation oriented towards the analysis of social reality through observation _

such that sometimes it is neglected. There has been so much energy spent on these phases

the data collection . Once the information is collected , the technical and in -depth analysis

of the data will be carried out . In this regard, it should be noted that

Data are phases that are included between field work and the realization of the research

report and other forms of data presentation . sin

with a very open script, which must be handled very flexibly by it

both quantitative and qualitative. As can be seen, it is not a mere reading or systematic

exposition of the content of documentary sources, of

qualitative.

legislative texts and documentary sources.

31

4.3. Analysis and presentation of results

CC-BY-NC-ND • PID_00184287 Empirical investigation within the scope of legal sociology

Machine Translated by Google cover patrons and trends by working with data , while

data from your experience and theoretical knowledge . Obviously, this

data collection in the quantitative investigation will seek to confirm whether

social actors investigated and will seek to open new spaces for them to flourish

the investigation and cannot be neglected.

statistics, seeking to show the variability of the same and quantify them

starting point since the hypotheses of the investigation and

founded and valid.

Today, both the analysis of quantitative data and the data that

Regarding the interpretative phase, there will also be differences depending on whether

we are faced with a quantitative or qualitative methodology. Initially, she interprets

An in- depth analysis of the speech must be carried out by means of which these data

have been recorded, respecting the symbolic keys of this speech

Quantitative task on the line of the highest point .

first case (Bryman and Cramer, 2008) and qualitative analysis in the second

breaking the barriers of this naive “scientist” planting, opening up

The work with the data will be carried out from the speech itself and the categories for

tion of data obtained with other perspectives on the scope of the relationship

the false hypotheses of the parties that were broken were verified . Therefore , the

interpretation of data will fall largely within the theoretical framework

que all interpretations are possible . Tienen to be interpretations

The data analysis in the quantitative methodology will be carried out using

litatives are carried out with the help of computer and statistical programs in

limited to recognizing or not as the “truth” of the theory since the investigation was

designed . This aside, it's also clear that they can

interpretation of the data. However , both are fundamental phases of

There are more spaces for theory and interpretation of investment results

relationships between the variables; while in qualitative investigations

The usual terminology of scientific research distinguishes between analysis and

interpretation of data . The analysis seeks to clarify these data and

case (Revuelta and Sánchez, 2003).

The interpretation implies a subsequent explanatory or comprehensive step , in which

person or person is responsible for the investigation interpreting these

In qualitative investigation, interpretation allows a greater correlation

and the perspective of the informants. Therefore, in qualitative research,

in the interpretation of the same. As a matter of fact, sometimes analysis and

It assumes that the interpretation of data is open and can vary depending on the

perspective from which it comes. What you don't want to say, not much less,

the coding and analysis of discourse will emerge from real records

lyzed.

32

See also

For more information, consult the section “The place of theory in empirical research ” in this module.

CC-BY-NC-ND • PID_00184287 Empirical investigation within the scope of legal sociology

Machine Translated by Google emerging questions. The interpretation of the qualitative data will offer more

yor space for the emergence of new questions and theoretical elements and

33

visual to readers increasingly familiar with the images. As a result , the graphics

represent a very estimable help for the presentation of

for the analysis and presentation of data in the social sciences, as it offers a useful

tool for handling large amounts of information

data that is popularly appreciated; but it is convenient to leave it clear that

in a simple and useful way. A simple table can provide more information

it will be more conducive to a critical perspective.

a graph does not add any information to the one that appears in a table.

more than paragraphs and paragraphs of textual communication and what you can do

with greater clarity. Unlike the tables, the use of graphic representation

As far as data presentation is concerned in the strict sense, these can be presented

through the use of tables and graphs, in the case of

stay of the data has great predicament to provide an information

quantitative investigation. The tablasestadísticas are a basic tool

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Machine Translated by Google Note

Note

5. Analysis of some socio-legal investigations

5.1. Barometers and opinion surveys on the Administration

34

• Metroscopy (2008). The law practice seen by lawyers. Third barometer

General de la Abogacía Española.

Consejo General de la Abogacía Española.

Spanish city. Fourth external opinion barometer . Madrid: Consejo

With the purpose of making these materials more accessible , documents that are accessible online were sought .

To consult these investigations see links on the web.

of justice and the legal professions

of content. It is a question of seeing, in a practical way, what is it that gives you

• Metroscopy (2011). The image of the lawyers and of the Justice in it

cia entre la población general, on the one hand, and entre las personas que ejercen

As announced , in this first point we are going to present some investigations carried

out through opinion surveys in order to explore the application of quantitative methods

in the scope of legal sociology . In addition, according to what has been pointed out

above , reading the results of these investigations will provide us with information on

the Administration of Justice and the activities related to the free exercise of profession

or law . For this purpose, the following investigations will be analyzed :

ridic. For this purpose , investigations carried out through

In this section we are going to review some empirical investigations with the main

objective of getting in touch with the praxis of socio-judicial research

suggest the reading of some parts of these materials to deepen in al

internal opinion of the Consejo General de la Abogacía Española Madrid:

institutional social research agencies . _ The investigations carried out by Metroscopy

for the General Council of Lawyers are also inci

guns of the research themes of legal sociology .

den in obtaining data to evaluate the image of Justice and the advocacy

of questions related to the assessment in public opinion of legal institutions and

phenomena. Your opinion about justice is important for

the research methods of the social sciences applied to research

ción de los legal phenomena. In addition, as a complementary objective, if

Governments and this type of investigation are carried out periodically by

• CIS (2011). Estudio 2861. 2011 February Barometer

The CIS studio is an example of an opinion barometer we use

opinion surveys ; discussion groups ; secondary research or analysis

in this case because in addition to the general questions a battery is included

CC-BY-NC-ND • PID_00184287 Empirical investigation within the scope of legal sociology

Machine Translated by Google second , randomness provides the telephone tool assisted by

interesting. In this case, the universe of investigation is not “the population

As a result , we will also find differences relating to

As a starting point, it is advisable to consult the technical sheet or the methodological

note of the CIS barometer and the latest Metroscopy investigation . In that regard,

accomplishing is very high, and that also , the percentages of error for them

autonomous units sigan siendo muy alto. The margin of error will fluctuate between

computer. In other respects, both investigations had important resources, much higher

in the case of the investigation.

the first that is observed are the differences in the administration of the cost

± 5% and ±12%, when the error corresponds to the entire investigation

bles explanatory that are also facilitated on the website of the studio. en los

by a private company, managed by a researcher highlighted in the scope

sampling is polyethapic , stratified by conglomerates, with selection of primary

sampling units ( the 236 municipalities) and secondary units

española mayor de 18 años”, sin un colectivo profesional: “abogados cole giados

ejercientes”. Furthermore, if you want to obtain data that can be disaggregated

find in the corresponding document, count the frequencies

socio-legal, José Juan Toharia.

you would give them (the sections within the primary units from where they can be collected)

data) in a proportional random way, and of the last units (the people interviewed) by

random routes and sex and age quotas . Mientras que en el

by autonomous communities. This assumes that the number of interviews to

mind for the people who carried out the interviews and in which they can

data were processed statistically once . It is a very mental analysis, which can be

completed by means of some crosses with some variations.

elaboration of the sample. In both cases, we are faced with probabilistic samples that

seek to be representative of the Spanish population as a whole .

The 2008 Metroscopia investigation presents very technical characters

the law in our country. In this case, these are investigations carried out

But first , as is common in CIS investigations , he

appreciate some interesting elements about the management of the interview and

related to the codification of the questionnaire. The results, which can be

CIS as a consequence of the fact that the interviews were personal , however

are ±1.7.

nario. In the first case, these are personal interviews carried out at home ; while in

the second, the interviews are by phone. I have

what this involves: greater complexity of the sample, need to count on interviewing

people, etc.

Next , it may also be interesting to review the questionnaires used. In the investigation

of the CIS appears the questionnaire managed directly

CC-BY-NC-ND • PID_00184287 35 Empirical investigation within the scope of legal sociology

Machine Translated by Google (1) See annex to the report, where there are files on the composition, object and most relevant circumstances of the same.

Metroscopy studios , the questionnaire is facilitated with the global results.

vestigación carried out from legal sociology .

focus on legal aspects.

cuados and greater methodological reliability. Questions that, as defended

roles, regularization, rights, control, exclusion, etc. But it's not one in

right and that consequently emerges in the immigrants ' speeches about

5.2. Right and social exclusion in migratory experiences

36

At point 5.4 we will review a See also

Colectivo IOE 2010. Discourses of the migrant population around their installation in Spain: Exploración cualita tiva. Madrid: CIS. See links on the web.

investigation carried out by the Laboratorio de Sociología Jurídica of the University of Zaragoza on immigrants before the Administration of Justice for the General Council of the Judicial Power and focused on from a strict sociolegal perspective .

grants.

Recommended consultation

opinion polls on the administration of justice . The usefulness of them

As a colophon of these revisions, the reading of Toharia (2002) can be very interesting .

This author is one of the greatest specialists in this field

ciología y las de la sociología legal or other related disciplines, such as criminology.

Thus, it is evident that the objectives of this investigation are not

There is also a need to decide that it does not prevent you from subtracting the results of

of the investigation, not only in our country, but also in the internal plan

and contribute to putting in evidence a scope of the social reality on it this investigation is very interesting from a socio-legal perspective

Qualitative is radical and therefore made clear in the title itself. It seeks to analyze the

discourses of the migrant population and the tools used in the discussion group. In

total , 22 discussion groups1 were held . The reasons for this

They are very well-worked questionnaires that have a wide experience behind them,

in this work, it is not yet at all resueltas.

the study of the analyzed legal phenomenon and it incardinan in a universe

tigaciones revised in the previous section. The bet for a methodology

for what it deserves to study the formulation of the questions.

In that sense, it offers the opportunity to confront the perspectives of the

The investigation into the installation of the migrant population in Spain carried out by

the Colectivo IOE (formed by Carlos Pereda, Miguel Ángel de Prada , Walter Actis and

Mario Ortí) is not a socio-legal investigation. You are one

More than the methodological aspects, it can be verified with the object

normative and institutional. Ahora bien, once these differences are verified ,

but in face of evaluating the situation of the same and possible alternatives for reforms

would be unquestionable in your opinion. Ahora bien, eso requires diseños ade

its incorporation into Spanish society: adaptation to norms, illegality,

The methodology of this investigation contrasts with that used in research

of the investigation and the questions that guide it do not focus directly

investigation carried out by sociologists on a phenomenon that is not ajeno al

that policies are legislated and implemented without having to account for the discourse and its

tional, which is why your reflections can be very interesting to explore the practical

purposes of socio-legal research and, in particular, the

implications for living conditions and civic insertion of enemies

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Machine Translated by Google legal.

This methodological proposal is made explicit in the methodological section, which deserves

Now, as if you are aware of this investigation, there is that:

latent ideological. The reading of the investigation report así lo pone de manifesto.

numerous senses.

go further, seeking, from a certain polarization , spontaneous debates

“keep in mind that the representation of the discussion group is not of a statistical type; It is rather a question of capturing and representing typical positions, but also the extreme ones that make up the diversity of the studied social field ”.

37

a great utility to compare in particular the behaviors and opinion states of immigrants

when they enter into a relationship with elements

The first step before starting the investigation remains to be defined

Thus, based on criteria such as the origin of migrants and the moment of the migratory

trajectory, on the one hand, and the socio-economic status,

the coexistence group and other sociodemographic variables, on the other hand, if there is

the criteria that allow us to identify the population to be studied and its general and

particular characteristics , given that it is a diverse population in

and somewhat passionate, to bring out latent information that, with other techniques, could

make the hubies emerge. It should be reiterated that this investigation

strategically seeking the “representativeness” that demands the study and the polarization

that requires the groups ’ own dynamics .

It's worth analyzing . As we have pointed out further , this methodology

previous state. The investigation is done for the CIS. This organization sought with a series

of projects to complete the perspective of some studies already carried out

allows access to the attitudes, values and expectations of migrant populations . The

discussion group rests on qualitative plans; but

zados that took as a basis the indigenous population and now intend to approach

give both sets of documentation with different investigations. The Colectivo Ioé was

awarded the study of the immigrant population. I am assuming that

go, but the researcher cannot stay there, if he wants to delve deeper into it

This is the key to achieving research objectives . Even though the investigation is not

quantitative, it is necessary to design the groups with a composition

The studied population is also the “Spanish population”, as in the article

“representative” that allows access to the diversity of the migrant population.

The analysis of the information obtained is the analysis of a specific discourse, which

speech of the groups and bringing out the attitudes, expectations and elements

ción is not happening from the perspective of legal sociology; but it results from

Once the population to be studied is defined , the design of the discussion groups

which requires specific guidelines (Ibáñez, 2003). This is a qualitative analysis

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Machine Translated by Google and address their coexistence relationships , their incardination in the labor market or their participation in political society .

(3) Public opinion barometers of the General Council of the Ju dicial Power; a large number of studies and surveys of the Center for Sociological Research , and a survey of the Center for Research on Social Reality.

Rev. Española de Investigaciones Sociológicas (nº 67, pgs.

See also

titled from the speeches of the migrants themselves aimed at understanding and interpreting how the migrant people understand

C.. (1994). “ Spanish people before criminal justice : attitudes and expectations”.

For more information on these reforms , please consult the section “ Regulatory regulation and the transformation of criminal law enforcement in the module “ Socio - legal theory of law”.

The theses and plans outlined in a previous theoretical framework are not applied

analysis carried out based on this discourse seems to suggest that the au

tigadora has not carried out the surveys of the data . There is select

data of interest for the objectives of his study of investigations into the Administration

of Justice carried out by several institutions3 and ha

to develop analytical tools on incorporation models in the corporate society and

confirm starting hypotheses with data _ _ _

a brief presentation of the data and on many occasions end up in the “ca

jón” without analysis and further interpretations more profound and rigorous.

The work we are analyzing is a secondary investigation of a quantitative nature . The

data that is used has not been reanalyzed, which is why in some cases there is less

analysis of greater statistical draft and the opportunity to have crossed the data

handled with some explanatory variables . Apart from this , the reading of this work

provides very interesting data and although it was carried out by a sociologist, the

focus is attentive to disciplines such as criminology and legal sociology.

borders and even goes beyond the limits of constitutional legality, as

on the relationships between theory and empirical research.

social response to insecurity at a time when reforms took place

qualitative feedback the theory emerges from the investigation itself. In another order

of things, the value given to the discourse of migrant people and construction

planting can be analyzed as an example of how to invest

Unlike the investigations analyzed in section 5.1 , here it is

providing useful material, as in many cases investigations carried out by institutions

are analyzed very simply to elaborate

of the possibilities of secondary investigation and, secondly, because it will provide

interesting information about punitive culture and reaction

Legal laws are as important as the Ciudadana Security Law . In reality, this work

highlights that the political foundations of a reform, which

Here we want to highlight an aspect related to the highest point

society are the migrant people themselves, and not the people who perform

We selected this work, firstly, because it represents a good example

arising from social research. Faced with this option , a typology of incorporation

models was constructed in the host society2 . This one

the investigation.

With that purpose, it has interpreted the data of the referred investigations

(secondary investigation)

38

5.3. Attitudes of the Spaniards before the Criminal Justice

(2) defensive replication , subaltern insertion , equal integration and guidelines for a review

Recommended consultation used these data for the preparation of your article.

technical experts on the incorporation of migrant people into our

219-240). See links on the web.

CC-BY-NC-ND • PID_00184287 Empirical investigation within the scope of legal sociology

Machine Translated by Google M.. (dir.) (2002). Immigration and justice: The treatment of immigration within the scope of justice. Madrid: CGPJ.

“it is possible that complaints of more severe punishments for criminals result in incentives for the perception of a State that does not fulfill, which fulfills on average, its role in maintaining the social order”.

domestic in the Ad ministración de Justicia. Madrid : CGPJ.

M.. (dir.) (2001). The treatment of violence _

jurisdictional bodies referred to the topic reviewed.

ended up signaling the Constitutional Court, supporting its legitimacy

some jueces guarantee police intervention .

punitive punishment. So, tell me that:

expansion of judicial headquarters distributed across autonomous communities and types of

Recommended queries

Recommended websites

39

http://www.unizar.es/sociologia_juridica/inmigracion/InmiInf.pdf

http://www.unizar.es/sociologia_juridica/viodomes/bdatos.htm

gender violence (content analysis)

http://www.poderjudicial.es/cgpj/es/Poder_Judicial/ Consejo_General_del_Poder_Judicial/Actividad_del_CGPJ/ Estudios/El_tratamiento_de_la_violencia_domestica_en_la_administracion_de_justicia

http://www.poderjudicial.es/cgpj/es/Poder_Judicial/ Consejo_General_del_Poder_Judicial/Actividad_del_CGPJ/

Estudios /Inmigracion_y_justicia el_tratamiento_de_la_inmigracion_en_el_ambito_de_la_justicia

of justice, connect with this hecho the fear of crime and the demands of endu

The author of this article, brings some first sections where she focuses on the image and

functioning of the Administración de Justicia, focuses her focus

in 1999. The investigation had as its objective the recognition and analysis of

the data of sentences and other documentary sources linked to the procedure, due to

which the mismas are produced and their execution in a sample

The object of the investigation into the treatment of domestic violence within the scope

of the Administrative Court that constitutes the analysis of the consequences

For this purpose , the technique of data content analysis was resorted to .

which concerns questions related to the social reaction to insecurity and

mentioned documents. In this investigation , 4648 records were carried out

distributed between 15 autonomous communities and 26 provinces of the Spanish State

that seemed to confer a public opinion contrary to the limits that imposed

Something that in your opinion could represent a threat to stabilization

5.4. The administration of justice before immigration and

of democratic values.

terminology in the use of that moment, which had been produced in the Administration

of justice in the Spanish State in the corresponding time frame

tences and respective procedures on domestic violence, according to

ñol. Of the total number of registrations made, 538 were made in courts of law

delincuence , and the criminal legal culture of Spanish people. After realizing the lack of

credibility and criticism of the inefficiency of Administration

CC-BY-NC-ND • PID_00184287 Empirical investigation within the scope of legal sociology

Machine Translated by Google rolling a specific tool based on Lotus Notes, which is also

discussion to obtain information on who designed the investigations or

“knowing the response of the Administration of Justice to the demands of all types of nonnational people who remain in our territory, whether with a residence permit , a work permit, or without them; esto es, en situación de irregulares; and without distinction of time of stay, social affiliation, etc.”

40

qualitative to be stored in the data base , for your analysis quantitative or cua

The register constitutes the unit of basic information for the collection of data , which

is carried out through a technical sheet based on a protocol for the

above all, with the aim of facilitating the interpretation of the data obtained

with the fines with the ones used here.

based on content analysis in instructional and criminal courts . _ _ _ _ Your use was,

pues, merely auxiliary or complementary y, obviously

data collection . This sheet was elaborated mainly thinking about collecting

The methodology used in the investigation on the incidence of inmi

grace in the scope of the Administration of justice was also carried out for the General

Council of the Judicial Power, and this as an object, as determined

How can you see the first chapter, where the plantings are described?

show determined the collection of data in 297 courts, of which 107 years

used to perform basic statistical analyses .

interpretation, is increasingly frequent and even the most staunch as tativists resort

to qualitative interviews and group interviews or groups of

grace and, as far as possible, the treatment given to this phenomenon in

corresponding to penal courts and 190 instructional courts .

As a complement to the investigation, two discussion groups were held ,

with the aim of expanding information on some punctual topics and

Es decir, se tried to make known the incidence that en el ambito de la Admi

the Administration of Justice. For what concerns the methodology employed,

methodological and the scope of the investigation, was very similar to the study

a posteriori litative . The file was computerized with the double purpose of allowing the

creation of a documentary base and facilitating the analysis of the same ones

qualitative in quantitative investigations, with the function of contributing to

penal (12%) and 4,110 in Juzgados de Instrucción (88%). The distribution of _

complement the data obtained and above all in order to facilitate its analysis and

mind, has a scope and objectives very different to the employment of the group of

the request for technical conditions of the contest,

justice deduction and in the period studied tuvo the phenomenon of inmi

of data susceptible to quantitative measurement, although exceptionally data not

previously categorized and information of a nature have been collected

discussion as a technique for collecting data . This use of techniques

previous.

CC-BY-NC-ND • PID_00184287 Empirical investigation within the scope of legal sociology

Machine Translated by Google intervention in this context should go further than criminal intervention and

Tips on attackers and the circumstances surrounding this phenomenon – it

all for discoveries in the criminal sphere. At this point, it is worth highlighting that from

the data obtained, it is evident that the immigrant on the ground is

Can you understand the treatment of phenomena such as gender violence or

user of justice from the opposite perspective – as a victim complainant . And it is as

relevant in this second case as in the first

the functioning of the Justice Administration , the need for resources,

• to the ends of regulatory prevention tending to avoid these behaviors better than to

sanction them;

can be conjured;

the Integral Law against Gender Violence.

stereotype of the delinquent immigrant, to highlight the relevance of the immigrantvictim phenomenon . The immigrant is also, and in proportion to you

These two investigations are clearly socio-legal investigations,

The study allowed us to verify that the so-called domestic violence is gender violence .

Something that is evident in the assumptions of violence in the couple, the

of the accusation, and

carried out allowed viewing other positions of immigrants in their relationship

immigration within the scope of the Administration of Justice. Both the focus and the

utility pursued seek to understand the effectiveness of legislation,

ascendants or others and violence against minors descendants can be discussed in

terms of gender violence . Secondly , the study concluded that

• put in place punitive strategies tailored to the characteristics

The second of the investigations we are analyzing has interest in

design a broader and more complex normative model that meets:

• to articulate an effective system of support and precautionary measures aimed at

the effective defense of victims when the risk situation does not exist

etc. They are the proper objectives of socio-legal investigation. Indeed , both are the

cause of a contest called by the Consejo General del Poder Judi

which undoubtedly leads to the need to go deeper into the penal system

These are some conclusions that point towards the direction of what will be

passive subject – denounced-detenido – of our criminal justice, is also

ro. This is an important conclusion, since it clearly breaks with the

From the point of view of the content, firstly , we would highlight that

the design of procedures that do not focus on the victim or the weight

milares, user of the justice system as a victim. In this sense, the investigation

tenor of obtained data; but also in matters of violence against

•

41

cial.

classic.

See also

For more information on the Integral Law against Gender Violence , consult, later on, the section “El de recho regulativo y las transfor macões del right penal” in the module “ socio-legal theory of law”.

CC-BY-NC-ND • PID_00184287 Empirical investigation within the scope of legal sociology

Machine Translated by Google 42

with the Criminal Justice Administration to break with the source of information

supuestos that concluded in sentence, a sample was elaborated from which in addition

announced the penal reform of 2003 and in what related to immigration

ción par excellence in this regard: the detentions and the prison population exist

with insecurity, perhaps this was not what was sought. Perhaps this is the reason for

the limited dissemination of this investigation, which was restricted in scope

To collect information about these cases, data is also collected about cases that ended

in supersession and were archived without sentencing. Given away

try in our country.

academic and a little hurtadillas – confirming what was said above

that in many of these assumptions the immigrant appeared as a victim,

This discovery was directly related to the design of the in

on the bureaucratic “ethos” of legal sociology.

data obtained present a more real panorama of the relations of the immigrant with the

administration of justice. In a context where you are

vestigation. Aunque el pliego del contest guided the investigation towards them

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Summary

43

de las mismas and provide tools with which to critically evaluate

the third, some fundamental methodological questions; in the apartado

mind in the knowledge of legal phenomena.

• Administration of justice and legal professionals; investigations about

Secondly , the fields of application of the investigation are presented

fourth, the design , the data collection techniques , the analysis, the interpretation and

the presentation of results and finally in the fifth section, if there is

• some themes related to the current transformations of the law.

There are different ways of carrying out social research and will allow him to develop

one type of technique or another according to the objectives of the investigation and, even,

In this module, they were revised, in the first section, the focus of it in

the antecedents of this approach have been reviewed and its importance has been highlighted

The work presents a wide range of themes structured into four main areas:

to have analytical and critical tools available on empirical research . Thus, at the outset,

the debate on quantitative methodology has been addressed

empirical research in the framework of socio-legal studies; apart from the second, the

fields of application of legal sociology; in the apartment

cia , subrayando the need to boost investigations by all means _

empirical contributions as the foundation of a legal sociology grounded in reality

• social control and criminal justice administration ;

logic and an interdisciplinary approach.

y/o qualitative concluding that the quantitative and qualitative investigation

this perspective; a recent publication, The Oxford Handbook , has been reviewed

In relation to the focus of the investigation in the socio-legal scope, if

of Empirical Legal Research (Cane and Kritzer, 2011), to offer a current overview of

problems and themes investigated by legal sociology. It is

socio-legal role. Following a first revision of Renato Treves ' proposal

As a conclusion , the existence of an important opening has been confirmed

Thirdly , some methodological questions have been analyzed at the end

sitting some empirical investigations with the purpose to analyze the design

about the fields of legal sociology , based on the horizon of legal sociology of the

seventies, and once highlighted the limitations of

theme of this discipline, which would take place in a greater plurality of method

matters related to various legal areas;

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Legal sociology, in particular , has a bureaucratic dynamic and its mission to the

sources of power.

socio-legal knowledge in particular . Y, in relation to what is there

interpretation of the same for your presentation. The only point where

a qualitative investigation based on the realization of discussion groups ;

We have minimally extended this in relation to secondary investigation, this is, in the

reuse of data from information

called the bureaucratic “ethos” of sociology, it has been noted that both methodological

and academic reasons are linked to the problem of finance

an investigation into the attitudes of the Spanish people before the criminal justice system

carried out from secondary data and , finally, two of the

yet. Next , in a specific subsection , which are

objectives and theoretical framework; but in the field of empirical research, methodology

and research techniques are assumed as tools

empirical with the purpose of making contact with the substantive contents of the

same; analyze its design and evaluate it critically. So, if it was analyzed

the role of theory in empirical investigation, betting on the strength of theory both

within the scope of social knowledge in general and for

of social sciences. Reason why, this section in the majority of the

cases have not ceased to be a reminder of questions related to the design of

investigation, data collection techniques and analysis and

investigations carried out through opinion surveys with questionnaire;

debates and other aspects related to the design of the investigations.

In the fourth apartment, the starting point was the finding according to which the expectation

exploratories to socio-legal research.

on occasions, integrate both perspectives; but in some way it would be exclusive

methodological specificities of socio-legal investigation if ciñen a los ob

Finally , in the fifth section, some investigations were reviewed

compiled in previous investigations and that can be accessible from face to face

investigations carried out by the Laboratorio de sociología Jurídica in which the

authors of these materials have participated . This panorama has served to

ción de las investigations to be carried out, pushes sociology , in general, and

new uses and analysis. Greater attention has been paid to this technique due to the

interest that it may have to carry out work or approach the end

see how some of the methodological questions are resolved in practice

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45

2. What do you think about the methodological plans outlined in section 3? A priori, from an epistemological point of view , why are the methodological options biased, quantitatively or qualitatively ? Why ?

3. What advantages and disadvantages do you appreciate in secondary research? Ejemplified your response to the investigation analyzed in 5.3.

4. Analyze the questionnaires of the investigations reviewed in section 5.1. In particular, we focus on the formulation of the questions : What is the most important thing that calls for the attention of these questions?

5. Do you consider empirical research useful in the socio- legal field ? Why? Enumerate five themes or problems related to legal phenomena that can be empirically investigated

6. Is it possible to analyze the incidence of mass media in the context of “ punitive populism”? Seeking first information on what punitive populism is and, once you have minimally delimited the object and the objectives of a possible investment, if it could be carried out resorting to the technique of content analysis . If it is possible, would it be quantitative or qualitative content analysis ? Why ?

7. Information about the procedure for holding a discussion group . What differentiates between the discussion group and other types of group interviews ? Why in the investigation carried out in section 5.2 is it explicitly stated that the technique employed has consisted of discussion groups ?

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