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Implicit informal qualitative research processes embedded in legal proceedings: a case example.
1Lakehead University, Faculty of Education, Thunder Bay, Ontario. sonja.grover@lakeheadu.ca
Summary
This study used qualitative textual analysis of court filings in a U.S. Supreme Court case to reveal conflicting phenomenological perspectives. Understanding these diverse viewpoints can aid in legal mediation and conflict resolution.
Area of Science:
- Legal Studies
- Qualitative Research Methods
- Sociology of Law
Background:
- Legal cases involve multiple parties with unique experiences and interpretations of events.
- Understanding these subjective viewpoints is crucial for effective legal proceedings and conflict resolution.
Purpose of the Study:
- To uncover and articulate the competing meanings constructed by parties in a legal case.
- To explore the phenomenological perspectives shaping each party's experience of the events leading to litigation.
Main Methods:
- Qualitative research methodology employing conceptual analysis of textual data.
- Analysis of representative quotes from U.S. Supreme Court case filings (Safford Unified School District v. Redding).
- Identification of themes to summarize diverse phenomenological perspectives on case facts.
Main Results:
- Court filing texts were organized by themes, revealing conflicting party perspectives.
- Conflicting viewpoints were situated on opposite ends of thematic continuums.
- The analysis successfully made manifest the diverse phenomenological interpretations of case events.
Conclusions:
- Making sense of legal disputes involves an informal qualitative research process.
- Textual analysis can explicate conflicting phenomenological perspectives within legal documents.
- This approach can be beneficial for mediation and understanding complex legal cases.
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