Research Methods: Through the Lens of Legal Consciousness

Abstract

This chapter discusses the methodological approach of this study. Starting in the 1980s, legal consciousness research focused on four components: more emphasis on the role of law in society; more emphasis on the role of ordinary people; the advancement of ‘critical empiricism’; and a shift in focus from measurable behaviour to meanings and interpretations. This (critical) framework is modified and replaced by an alternative approach, which is characterized by: the focus on law as both an independent and a dependent variable; the focus on both the haves and the have-nots; the emphasis on research participants’ views and voices; and the use of mixed methods. In Part II, this (secular) approach will be applied to examine the process of legal alienation in three case studies.