Grounded Theory and Academic Legal Research: An example for the Application of the Grounded Theory to Legal Research Projects

Abstract

Discontent about the purely dogmatic and theoretical research that has traditionally prevailed in legal research has received significant criticism from the Law and Social Sciences movement, as academic legal research does not follow the methodological strategies that predominate in research in other sciences, which derive from the scientific method that prevails in the natural sciences. This movement demands that academic legal researchers use empirical research in legal research projects. This article aims to explain how the Grounded Theory can contribute to academic legal research. The Grounded Theory makes it possible to integrate empirical data about human experiences and relations into legal research. This theory has been applied in research about the enforcement of legal rules, the reasons for non-compliance with laws, and the development of arguments for legal reforms, among other research projects.

Keywords: Grounded Theory; qualitative research; legal research; Law and Social Sciences