ABSTRACT

The activity carried out by legal institutions in societies as

an expression of social and human realities, demands the

training for research as an instrument for generating

knowledge, providing them with solid competencies and

contributing to their education as ethical citizens;

cultivating critical and independent thinking and the

capacity for lifelong learning. Based on these premises, the

paper proposes a reflection on research in the legal field

and the unavoidable training of law students in

competencies related to the application of statistical

techniques and tools to social facts, to measure them,

deduce laws that govern them and make predictions. As a

Main Campus, Cuenca. Ecuador. mstella.serrano@ucacue.edu.ec,

realidades sociales y humanas, demanda la comprensión de éstas para la construcción

del orden jurídico justo y equitativo, que contribuya a generar progreso, desarrollo y

bienestar individual y social. Alcanzar esta comprensión e impulsar generación de

conocimiento, demanda que la formación que ofrecen las universidades al futuro

profesional del derecho ponga su acento en formar para la investigación como

instrumento generador de conocimiento, proveerlos de competencias sólidas y

contribuir a su educación como ciudadanos éticos; cultivarles el pensamiento crítico e

independiente y la capacidad de aprender a lo largo de toda la vida. A partir de estas

Palabras clave: Formación investigativa; estudios de derecho; investigación jurídica

y la competencia en estadística.

INTRODUCTION

Nowadays, there is no university that does not integrate research as a fundamental task

in its paradigm. So much so that this activity is mandatory both at the undergraduate and

graduate level, in the student and faculty environment in all disciplines. Of course, the

law career is no exception, so, as in the rest of the disciplines, the creation of research

units has proliferated. This has induced the academic directions of all the houses of study

that offer third and fourth level teaching, to worry about developing in the teaching staff,

inexorable, such that the fundamental parameter associated with the qualification in

international rankings of any university is the research function closely related to the

scientific productivity of its professors.

Notwithstanding this remarkable importance given to research, it is fair to recognize the

limitations that a large number of Latin American universities suffer in this field in order

to achieve the minimum standards required for academic recognition. This is most

probably due, among other reasons, to the fact that teachers do not have the basic

research competencies to develop research processes and, at the same time, favor

research training in their students. There are several areas that should be emphasized

to contribute to strengthen this training, among them, training in epistemologies of

to research by doing research', so that it contributes, from practice, to strengthen the

acquisition and development of skills.

Meanwhile, in the field of law, we note from experience that, in the legal community,

there is a growing need for statistical education. We can refer in this regard, as a pioneer,

to Dr. Michael O. Finkelstein, who has more than 30 years of experience in teaching

statistics to lawyers at the universities of Columbia, Harvard, Yale and Pennsylvania, as

well as being the author of numerous articles and the works "Quantitative Methods in

Law" 1978 and Statistics for Lawyers 1990, (Torres, 2013, p. 43).

In relation to the first question about what is research in the legal sciences, related to

the first objective, it is necessary to explain what is not research, in order to favor the

understanding of how we can characterize scientific research in the legal sciences.

In the university context, it should be noted that it is not possible to understand research

as the mere search for data or knowledge on a specific topic, or to inquire about

scientific theories and methods that others have already presented or demonstrated.

Although information on these theoretical and conceptual categories is important in

training, because they constitute the theoretical foundation of empirical research, and it

is mandatory that it be addressed by students, for their assimilation in the learning

process of the various curricular subjects, this simply cannot be considered as research.

existing one, or "is the perennial transit from a given knowledge to a superior knowledge,

through the dialectically renewed apprehension of an additional knowledge" (Bascuñán,

1961, p. 20).

It is important to emphasize that, in this permanent search for knowledge, throughout

the history of science, there have been several currents of thought (empiricism,

dialectical materialism, positivism, phenomenology, structuralism) and various

interpretative frameworks, such as realism and constructivism, which have been

concerned with explaining how to access knowledge. However, due to the different

premises underlying them, these approaches have polarized into two research

Both approaches employ methodical, systematic and empirical processes in their

purpose of contributing to the generation of knowledge. Hence, they argue that both

approaches use five similar and interrelated strategies: 1. 2. They establish assumptions

or ideas as a consequence of the observation and evaluation carried out. Demonstrate

the degree to which the assumptions or ideas have merit. 4. Revise such assumptions or

ideas on the basis of the evidence or analysis. 5. Propose new observations and

evaluations to clarify, modify, and substantiate the assumptions and ideas, or even to

generate new ones.

to social transformations and changes, taking into account the social reality in which it

is immersed, in accordance with the current approach of linking legal science to the

other disciplines of a social nature.

On the question, what do we mean when we talk about research competencies? In a

general sense, we can express that:

(...) research competencies refer to "complex systems of thought and action, which

through the combination of scientific knowledge, skills, attitudes and values (Pérez, 2008,

p. 17) are mobilized as: knowledge, know-how and know-how to do, associated with

research capabilities and skills, which integrated to methodological tools, set in motion,

in a defined context, the ability to identify problems, use research skills, and use them in

Authors define them as "an integrated system of knowledge, procedural skills, attitudes

and values necessary to enable the ideal performance in carrying out research tasks"

(Estrada, 2014, p 32).

Another recent approach conceptualizes competencies in terms of the research process.

Hence, they propose a model of social-scientific research competency, which includes

three components: 1) knowledge of the research process; 2) problematization; 3)

knowledge of the method and processes of analysis and verification; which are developed

in three important steps: a) identification of the research problem and research planning;

b) theorization; and c) analysis and interpretation of data. That is, the competences of

Therefore, competence is the ability to integrate what one does with what one knows

and is. To be competent is to know how to do and to know how to act from what one

is as a human being in a given context. Hence, one only learns to do research by

participating in research experiences. Making research a task rich in valuable cognitive

and intellectual experiences and meaningful practices for the formation of the student

that induces him to get involved in matters related to science as a reflective citizen.Pata

Duéñez & Aguilar, (2016) a more precise way we could say that it is the set of skills,

knowledge, methodological skills, teaching skills and personal characteristics, which

In the same vein, we consider that it synthesizes the different approaches to the subject

with the following definition:

The psychological configuration of the teacher's personality and the construct that

designates his or her suitability to improve the students' educational process through

the research activity in which the actions of scientific exploration of the educational

reality, the projection of the research, the execution of the research, the analysis of the

results of the research process, the communication of the results and the introduction

and generalization of the results in the social practice are specified (Hernández & Ospina,

2005, p. 45).

The above leads us to consider a classification of research competencies into two types:

analysis of information; the adequate use of technology and decisions on the modalities

of communication and dissemination of results.

In terms of specific competencies, "Collection, processing and analysis of information"

is presented as a fundamental skill, since it is indispensable for teachers, in one way or

another, to handle data in their research. This, of course, implies in an unavoidable way,

the basic mastery of the statistical tool, coupled with other commonly used computer

facilities such as Excel, SPSS, along with the battery of statistical methods provided by

both softwares for capturing, classifying and obtaining all kinds of graphs and reports.

that arise from the dynamics of interrelation with the regional environment.

They are also oriented to fulfill a dual function in the sense that they are meeting places

for research, but they are also a teaching environment for the training of researchers.

That is to say, the UI develop the capacity to generate their own research personnel

from the faculty and the student body, in order to amplify the knowledge-producing

performance in their areas of interest.

In the operation of the PIUs, the contact with the community stands out in a relevant

way, capable of responding to the demands of the latter in terms of knowledge on

specific problems, with the consequent contribution to the optimization of the

interaction with the Civil Society and its problems, thus contributing to improve the

are adapted to the aims and purposes of the university.

In particular, at the Catholic University of Cuenca, the normative support of the units in

question is clearly established as follows:

1. Articles 350 and 87 paragraphs 1, 2, 3, 3, 4 and 5 of the Constitution of the

2. Article 147 of the Organic Law of Higher Education.

3. Articles 2 paragraphs b, d, and i, 71, 73, 74, 75 and 76 of the Academic

4. Articles 3, 5 and 7 of the Organic Statutes of the Catholic University of Cuenca.

5. Research Regulations of the Catholic University of Cuenca, in all its extension.

known topic. Also, sometimes, academic research aims at influencing an area of reality

strict discourse and a scientific method are present (Estigarribia, 2015, p. 56).

commentaries on the Penal Code. In the same way, a historical research would consider

investigating the evolution of Jurisprudence regarding Criminal Cassation.

Finally, regardless of the type of research that is addressed, in law, we can characterize

the research activity as a process of construction of increasingly complex knowledge...

a process that can be thought of as a spiral that, as it progresses, becomes more

complex, due to the processes and factors involved. Therefore, this process cannot be

seen as a simple chronological sequence of linear moments. They are moments that

happen and are articulated with each other.

economics, statistics, and general accounting. In this order of ideas, it is indisputable that

both mathematics and statistics develop the logical thinking of lawyers, allowing them to

build solid argumentative structures that are difficult to demolish. In the specific case of

statistics, it is essential to contemplate it in the investigations that involve the collection,

processing and analysis of information, especially if we are facing random situations and

facts, as it happens in the criminal, civil and commercial areas, among others.

In the described environment and given the necessary competence for every researcher

in data management using statistical tools, it is important to refer that the term

"statistics" has been part of the scientific lexicon for three centuries, to denote any

presentation in figures that tends to strengthen the power of States. Initially dispersed

In general, it is the discipline of data management par excellence. It can be inferred then

that, by its nature, it is essential for decision making, if we start from numerical

information with the due calculation of risks, in the face of a future loaded with varying

degrees of uncertainty.

The approach then, to an uncertain future through reasoning that brings us closer to

different scenarios with the greatest precision, or that brings us closer to the truth of

large collectives through the study of subsets of these, with the proper technique, directs

us towards inductive or inferential statistics as a scientific method of investigation, since

uncertainty and make more accurate decisions (Chou, 1972, p. 1-5).1-5).

methods applied, not only to the economic and social sciences but also to different areas

of knowledge in which we wish to observe regularities. In fact, our experience indicates

that in university careers such as: education, economics, sociology, anthropology,

administration, accounting, computer science, psychology, medicine, nursing, dentistry,

agronomy, veterinary medicine and many others, "statistics" is a compulsory subject, not

to mention specialties, masters and doctorates.

In the meantime, we emphasize that, depending on the magnitude of the human or

physical group to be studied, we will decide whether to analyze the "population", the

entire "universe" or a "sample" of it. In the case of the former, we designate it as a finite

collectivity delimited in space and time; in the case of the latter, we refer to a subset of

the population, to which the research will refer, either to reduce costs and time due to

the prompt need for information, or because the entire universe is inaccessible Kleeberg

& Ramos, (2009) say that it is a scientific achievement to reach with high precision the

knowledge of populations through the statistical and mathematical management of

samples, with calculable error levels. In the latter case, it is essential to apply sampling

13. Confidentiality of responses

14. Guarantee of strict relation of the questions with the research objectives.

15. Strict relationship of the questions with the output tables and with the indicators