Investigación cualitativa crítica y derecho: Análisis de su rol en la academia chilena y un estudio de caso

This paper proposes the use of critical qualitative research in Law, based on intellectual and action elements, which change the process of research. This process becomes more concrete, creates new research questions and focuses on the social role of Law, offering new practices and interventions in society. This approach moves away from the rational research, founded on the legal positivism, that is usual in the discipline. Conversely, this proposal uses the empirical methodology of researching. The argument of this paper states that critical qualitative inquiry is rarely used by national academia, with only some exceptions to the general rule. The empirical evidence uses two levels of analysis. In a general dimension, there was a review of two of the most prominent legal journals in the country. On the other hand, in a more specific dimension, there was one case study: the opinion of scholars from the Juridical Science Faculty at the Universidad Católica del Norte, Chile (FCJ-UCN).