Correction to: Feminist Judgments Projects at the Intersection

Gayoye, Martha; Hunter, Mateenah; Manji, Ambreena; Matinda, Miriam; Sekalala, Sharifah; Chaudhary, Rachna; Lammasniemi, Laura; Munoth, Shreya; Prabhat, Devyani; Sen, Jhuma; Black, G.; Cowan, Sharon; Kennedy, Chloë; Munro, Vanessa E.

doi:10.1007/s10691-021-09450-w

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“…, 2016; Kennedy, 2019). Judgments have been a particular site of interest in this respect, illustrated by the rapid growth of feminist, queer, and Indigenous judgment projects in recent years (Gayoye et al. , 2021; Sharpe, 2017; Watson and Douglas, 2021).…”

Section: Discussionmentioning

confidence: 99%

“…Indeed, some have argued that qualitative inquiry is essential for understanding law itself, while others have argued that qualitative research can play a crucial role in improving legal systems and legal analysis (Hanley et al, 2016;Kennedy, 2019). Judgments have been a particular site of interest in this respect, illustrated by the rapid growth of feminist, queer, and Indigenous judgment projects in recent years (Gayoye et al, 2021;Sharpe, 2017;Watson and Douglas, 2021). In analyzing and rewriting judgments, these projects have offered vital critiques of the political underpinnings and investments of dominant modes of legal reasoning and imagined alternative possibilities grounded in feminist, queer, and Indigenous epistemologies.…”

Section: Discussionmentioning

confidence: 99%

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Analyzing the law qualitatively

Mitchell

2022

QRJ

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PurposeThis article develops a methodological framework to support qualitative analyses of legal texts. Scholars across the social sciences and humanities use qualitative methods to study legal phenomena but often overlook formal legal texts as productive sites for analysis. Moreover, when qualitative researchers do analyze legal texts, they rarely discuss the methodological underpinnings that support their approach. A thorough consideration of the methodological underpinnings of qualitative approaches to legal analysis is therefore warranted.Design/methodology/approachBy bringing critical legal theory into conversation with qualitative methodology, this article outlines a set of key principles to inform qualitative approaches to reading the law.FindingsTo construct this methodological framework, this article first distinguishes between qualitative approaches to textual analysis and the doctrinal approaches undertaken in legal practice and formal legal scholarship. It then considers how this qualitative approach might be applied to one particular genre of legal text: namely, judicial opinions, otherwise known as reasons for judgment. In doing so, it argues that robust qualitative analyses of legal texts must consider the unique characteristics of those texts, such as their distinct form, voice, rhetorical structure, and performative capabilities.Originality/valueThe methodological framework outlined here should encourage qualitative researchers to approach legal texts more readily and challenge the hegemony of doctrinal approaches to legal interpretation in social science research.

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Section: Discussionmentioning

confidence: 99%