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The Journal Pedagogia Universitaria y Didáctica del Derecho is open to submission researchs.

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Literature review and legal research

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Abstract

This paper aims to explore the possibilities of using literature review or evidence synthesis techniques —commonly used in the health sciences and other basic and applied sciences— in legal research. To that end, the article briefly discusses the concept, classification, and conditions of literature reviews, along with their current uses (an extremely broad and complex subject). It then examines works on legal research methods that refer to literature reviews and presents a set of studies that apply these techniques to the legal field. Finally, the authors synthesize the above to try to answer the following questions: What are the techniques for literature review? Can these techniques be used in legal research? Should they be used? As shown by the extensive background reviewed, there are very few opinions on this matter in the literature. Therefore, the answer reached, although well-founded, does not exhaust this broad and complex issue.

Keywords:

Scientific research , scientific integrity , legal research , systematic literature review , Legal methodology , legal pedagogy , legal education

Author Biographies

Patricio Masbernat , Universidad Santo Tomás

Patricio Masbernat Muñoz is a lawyer. He holds a Master's and PhD in Law. He is a Professor at the School of Law, Faculty of Law, Universidad Santo Tomás, Chile. This article contributes to the Jean Monnet e-Ride Module, Ethics and Research Integrity in the Digital Age (2024-2027). It also contributes to the INTACT project - Innovation in Truffle Cultivation, Preservation, Processing and Wild Truffle Resources Management. "This project has received funding from the European Union's Horizon 2020 research and innovation programme under the Marie Skłodowska-Curie grant agreement Nº 101007623". His email address is pmasbernat@santotomas.cl. ORCID: https://orcid.org/0000-0001-7137-9474.

Eva Andrés-Aucejo , Universidad de Barcelona

Eva Andrés-Aucejo is a professor of Financial and Tax Law at the University of Barcelona. She holds a degree and a PhD in Law and a degree in Economics and Business. She is Director of the Review of International and European Economic Law and Director of the Education and Law Review. She is a researcher and consultant for the World Bank's Global Forum on Law, Justice and Development (HCBM). She is an observer for the United Nations Committee of Experts on International Tax Cooperation Matters (2019-2024). She is an accredited observer for the second session of the United Nations Ad Hoc Tax Committee to draft the terms of reference for a UN framework convention on international tax cooperation. Her email address is eandres@ub.edu. ORCID: https://orcid.org/0000-0001-5688-1482.

Gloria Ramos-Fuentes , Universidad Autónoma de Chile

Gloria Ramos Fuentes is a lawyer and holds a Master's and Doctorate in Law from the Autonomous University of Chile. She is a researcher at the INTACT Project and a professor of law at the Autonomous University of Chile (Santiago, Chile). Her email address is gloria.ramos1@cloud.uautonoma.cl ORCID: https://orcid.org/0000-0002-8697-2649