Who am I? What am I doing here? What will we discover today? Will I be ready for the end of everything? In short… I am an eternal apprentice!… what an exciting awakening; day by day I carry out daily activities under the scheme of questions that govern human thought, predominantly in the search for data, in the dynamics of observing things, the environment that surrounds me, in nature, in society, in my active participation in the things that I interact with, as well as in many others, but all of them aimed at the search for truth.
In that walk, solitary many times, motivated, impetuous, intent on observing the origin of things, of social phenomena from a legal perspective as far as possible; or natural under the magnifying glass of observation and inductive practice of situations that must be subjected to scrutiny of reality, through the reflection exercises themselves, so in that sense, initially I warn the search for information, and knowledge that exists around what was found out, always having the need to explain nature and the world that surrounds us.
Distinguished the above, we can establish that the present composition aims to determine the research within the field of law science with an argumentative approach carried out by the legal professional, this being transcendental in their daily work in front of the norms, in front of people, in front of society, as in front of the State, since it is common knowledge that human beings always carry out research frequently, so it is clear that since man has the use of reason, he is interested in all events or phenomena that you are learning about. For Roberto Hernández Sampieri, research is very useful for different purposes: creating new systems and products; solve economic and social problems; locate markets,design solutions and even evaluate if we have done something correctly or not.
In that sense, as a connoisseur of the law, we observe that the lawyer can have two argumentative approaches, that of the applicant and that of a jurisdictional nature, since for the resolution of their affairs they are always involved in a constant investigation, or more appropriately expressed, in a constant legal investigation, to which said professional is obliged at the time of carrying out their work, understanding the legal investigation as, - “… the activity aimed at searching, analyzing, and interpreting data to increase knowledge about the law; its objective is to improve the legal system for the dissemination of reasoned studies. "- In this sense, we can say that depending on the activity carried out by a lawyer, the processes and procedures of a sui generis nature that said jurist must face when evaluating a situation of facts, actions or omissions in the field of law, being able to determine it both firstly as a candidate lawyer, as well as a jurisdictional provider of justice.
From the first argumentative approach cited in the preceding lines, I wish to emphasize that this is channeled to the applicant lawyer when dealing with a matter of a legal nature that is externalized by his client or legal representative, who can be natural or legal persons, or a governed or governed against the state or vice versa, as allowed by our Bill of Rights, in order to protect various tacit circumstances of its client, such as: a) protection of fundamental rights and human rights, b) its status as a party to a previously established judgment, c) his quality as a third party outside the judgment as appropriate to the nature of the matter, d) respect for the exercise of a right before the norm itself, this, among many other considerations that we could state;Since the protection and recognition of the rights and obligations of people before the Law, presuppose compliance with regulations that conflict with other specific cases, for which the applicant lawyer must carry out a study of weighting of rights, norms, principles, doctrines and jurisprudence that will be enforced before the jurisdictional bodies among other sources of law, in order to give effectiveness to the preservation of human rights, but without harming the social interest, this having an argumentative character since the writing is made of demand or answer of the same until concluding the matter previous law procedures.must carry out a weighting study of rights, norms, principles, doctrines and jurisprudence that will be enforced before the jurisdictional bodies among other sources of law, in order to give effectiveness to the preservation of human rights, but without harming the social interest, This having an argumentative character from the moment you make your claim or answer to the same until you conclude the matter prior to legal procedures.must carry out a weighting study of rights, norms, principles, doctrines and jurisprudence that will be enforced before the jurisdictional bodies among other sources of law, in order to give effectiveness to the preservation of human rights, but without harming the social interest, This having an argumentative character from the moment you make your claim or answer to the same until you conclude the matter prior to legal procedures.this having an argumentative character from the moment you make your claim or answer to the same until you conclude the matter prior to legal procedures.this having an argumentative character from the moment you make your claim or answer to the same until you conclude the matter prior to legal procedures.
In the second approach, we can observe it in the lawyer who develops as a dispenser of justice, in the exercise of his faculties of interpretation of the norm as part of a jurisdictional body, as said jurist is invested by the state as Judges and Magistrates, in accordance with the provisions of article 17 of the Political Constitution of the United Mexican States, which substantially refers that the exercise of the jurisdictional function is determined by judicial autonomy and independence, as well as by the rules that govern due process, in relation to the fact that the Mexican judge is obliged to issue congruent resolutions, and that these be pronounced expeditiously, in a complete, prompt and impartial manner, so in that sense, the Judge must have a critical analysis,analytical and systemic of the laws in front of the concrete case, without being subordinated to any authority that exercises power or command to force them to do or not to do what is required by the rule of law. In this regard, we can then deduce that the Judge is obliged to carry out an exhaustive review of all the records that make up a file in order to determine and argue the value deductions that lead to resolve it with the most suitable determination, but always taking into account the referenced weighting of the regulatory and control elements provided by the constituent power.is obliged to carry out an exhaustive review of all the records that make up a file in order to determine and argue the value deductions that lead it to resolve with the most suitable determination, but always taking into account the careful weighting of the normative elements and of control provided by the constituent power.is obliged to carry out an exhaustive review of all the records that make up a file in order to determine and argue the value deductions that lead it to resolve with the most suitable determination, but always taking into account the careful weighting of the normative elements and of control provided by the constituent power.
In accordance with the foregoing, it must be established that in the two aforementioned approaches, there is on the part of the applicant lawyer or Mexican judge, various stages of weighting values, principles, rights, norms, which allow them to adopt the consideration that is most appropriate to the specific case Taking the particular circumstances as reference, however, in this determination process, it is true that both the applicant and the jurisdictional lawyer share legal investigation techniques, by observing each of them the various scenarios that are presented to them, which are elaborated and integrated intimately with each other in each specific case, from which the following is derived as a purpose: 1) to frame the conduct in the norm, 2) that the legal requirements for processing the trial have been met,3) define the competence and matter to hear the matter, 4) establish the jurisdiction of the adjudicating authority, 5) determine the sufficient amount of evidence for the result and end of the trial, 6) carry out each of the procedural stages of the trial in time and form, without these having been altered or modified for their corresponding validity, 7) analysis of the possible results derived from the issuance of a resolution in favor or against the petitioner that puts an end to the trial, among other points of assessment; However, even learning these primary evaluative characteristics, we can say colloquially that in the arguments and grounds of the lawyers in the previously established approaches, there are no recipes in the figurative sense of the law,that allow establishing in a sequential and unique way what is necessary for the development of each trial initiated, since each trial contains a different situation and circumstances from all other trials.
In the aforementioned circumstances, we can realize that even so, the objective law is the basis of the actions and exceptions for each of the preset argumentative approaches, coinciding in that, it is the subjective right itself that governs the interpretation of the rule in each case. presented before a court, which means that the limits of the legal powers and powers are inseparable from the persons subject to litigation, which are revealed in order to be legally weighted in order to obtain timely recognition of the legal order that must be observed for the final determination of a adjudicatory court.
In this way, it is unquestionable that the argumentative approaches by which both the jurisdictional lawyer and the applicant go through a process and procedures of legal investigation of the specific case that is presented to them, since from what is stated in each paragraph, we will observe that the professional of law, when facing an unknown concrete case, first the issue and the problem that it represents is raised either for the defense or representation or from a horizontal plane of the jurisdictional approach, since this is analyzed in order to determine the requirements in a form and in substance that allows it to give certainty to the initial actions or exceptions presented by the parties in court according to the case being analyzed, in other words, the legal investigation,It is located in an empirical sense when taking as references, the statistics, as well as the norm itself in front of the social reality that is lived; in the field of the experimental since it raises a problem and a hypothesis of what the applicant or jurisdictional lawyer thinks of possible future results, within the entire trial; And finally, this type of research is quantitative when using solid, measurable and quantifiable data, which can be used in the search for the desired result, the above, constitute apical theories to the field of law, for which Popper referred "Theories are networks, only whoever casts will catch" (Novalis), from what is determined, we can state that the predominant legal research is under this empirical-experimental-quantitative study model,by which the management of information, statistical analysis, concordant alpha-numeric expressions of the possible results, and dissemination of the same are associated.
Once it has been determined that the method used in legal research has been, which as it has been founded that after the identification of the theoretical contributions that motivate the study to be investigated, we can go to the second plane of it, which constitutes the conformation of a hypothesis, which Sampieri has defined in the following way: “What throughout this chapter we have defined as hypotheses are actually research hypotheses. These are defined as tentative propositions about the possible relationships between two or more variables, and they must meet the five requirements mentioned. " Therefore, the lawyer in any of the two approaches in which he must investigate and formulate his hypothesis regarding the trial that is presented to him, without further distinction,It is said that he is carrying out a pure legal investigation, which is one that has no greater interest than solely and exclusively the responsibility of the branches of law, which we call the design of the investigation, of which it is observed that the two approaches adduced, they face the precision of the study problem according to the hypothesis made by the applicant or jurisdictional lawyer in his role as investigator respectively.
Next, in another aspect, we can cite the theoretical and conceptual framework, which is understood as the set of ideas, theories, and procedures used by the researcher in the field of law as discussed in this scheme, since without the professional of law would be unable to defend, represent or resolve the specific case attached to the rule of law; Therefore, consequently, the search for information amalgamates this aspect, it is a characteristic of the most relevant in the legal investigation process, since it has a global character, since it has a series of concatenated procedures, according to the purpose of what was found, since it is true that at this point, the documentary information is determined,bibliography as well as the digital notes that many modern authors now handle through the internet, since this in the field of law is equally valid, this is so, derived from the judicial recognition that the Supreme Court of Justice of the Nation makes when establishing, that web or electronic pages constitute notorious facts.
Finally, having made and generally reviewed the points in the present work observed, we will realize that the lawyer in any of the argumentative approaches, either as a candidate or as a provider of justice, is obliged to carry out the legal investigation, since that without this it would be impossible for him to know what the problem he has in front of him is about, how he intends to solve it, this strengthened by the theory and the evidence he has, as well as at all times he must argue and substantiate what was said by each one in the corresponding approaches, whose purpose is to give legal certainty to each of the parties involved in the trial, as well as, when the legal professional performs his work,This also in turn has the duty to set a precedent and evidence that serve as a reference to other lawyers or judges, in their actions, since the scope that is granted to the right required or recognized as the case may be, must always be in the In a broader sense, the rights of people are protected by the norm, aimed at serving the interest of each of the parties, which may not be separated from the particular circumstances of the specific case and the objective right. Therefore, when practicing law, when taking as a reference any of the two approaches that are currently encircled in this work, through the research methodology in the field of law, for the help of many others that require investigate, know, or expand on matters that you probably already document,Please !, leave ink!…
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* Degree in Law from the Universidad Valle del Grijalva, Campus Tuxtla. Doctor in Administration, Secretary of Study and Account of the Regional Chamber, of the Judicial Power of the State of Chiapas, and professor at the Catholic University of Chiapas, "San Juan Pablo Segundo". September 13, 2018.
HERNÁNDEZ SAMPIERI, Roberto, Research Methodology, Mexico, McGraw Hill, 1997, p.29.
LÓPEZ RUIZ, Miguel, New elements for research (methodology and writing), Third edition, IIJ, UNAM, 1998, p. 17.
Quote from Karl Popper's The Logic of Scientific Research, p. 13.
HERNÁNDEZ SAMPIERI, Roberto, Research Methodology, op. cit. Pages 96 and 97.
Thesis: I.3o.C.35 K (10a.), Source: Judicial Weekly of the Federation and its Gazette, Period: Tenth Period, Book XXVI, November 2013, Volume 2, Registration: 2004949, Subject (s): Civil. Page: 1373.
