CONSISTENCY OF THE RESEARCHER’S LEGAL GNOSEOLOGICAL PERSPECTIVES AND METHODOLOGICAL RESEARCH APPROACHES

Vivanco Núñez P.M. · Universidad y Sociedad (2022)

Resumen

Under a mixed approach and a theoretical-correlational, synchronic and non-experimental design, consistent legal methodological models are evaluated based on the researcher’s legal gnoseological perspectives and methodological research approaches in order to carry out rigorous legal research. We used the mixed content analysis technique and its instrument called the systematic-logical record card, with the intention of collecting units of analysis (concepts, sentences and paragraphs) from books specialized in philosophy of law and methodology of research in social sciences, to build categories and create legal models through formal logic, thus correlating the schools of natural, positive and sociological law with quantitative, qualitative and mixed research, analyzed through non-formal logic. In this way, nine legal models were created, of which only four were consistent, concluding that the legal gnoseological perspectives of iusnaturalism, iuspositivism and ius-sociologism cannot be investigated through quantitative research, but can be done through the qualitative approach; while the mixed approach can be used exclusively for ius-sociologism.

Instituciones: Universidad Peruana Los Andes