Greenation International Journal of Law and Social Sciences
Vol. 4 No. 3 (2026): (GIJLSS) Greenation International Journal of Law and Social Sciences (July - Au

“Reconstruction of Legal Research Paradigms: From Positivism to Post-Positivism in the Context of Doctoral Dissertations” (Focus: Paradigm Shifts (Positivism, Progressive, Critical) and Their Implications for Doctoral-Level Research)

Kms Herman (Universitas Borobudur, Jakarta, Indonesia.)
Lorraine Rangga Boro (Universitas Borobudur, Jakarta, Indonesia.)
A Tricho Dike Fierrera (Universitas Borobudur, Jakarta, Indonesia.)
Sunardi Sunardi (Universitas Borobudur, Jakarta, Indonesia.)
Kaisar Julio (Universitas Borobudur, Jakarta, Indonesia.)



Article Info

Publish Date
23 Aug 2026

Abstract

This study examines the implications of the paradigm shift in legal research from a legalistic-positivist orientation toward post-positivist and progressive-critical approaches within doctoral legal scholarship. The research is motivated by the increasing recognition that legal positivism, while contributing to legal certainty and systematic legal reasoning, is limited in addressing complex social realities and substantive justice. Employing a normative legal research method with conceptual and philosophical approaches, this study analyzes paradigms of legal thought based on ontological, epistemological, and axiological dimensions as formulated in the framework of Guba and Lincoln. The analysis further engages with major legal theories, including legal positivism, legal realism, critical legal theory, constructivism, and progressive legal thought. The findings indicate that positivism emphasizes legal certainty and objectivity through formal normative structures, while post-positivism introduces epistemological reflexivity and methodological pluralism by acknowledging the limitations of knowledge. Critical legal theory challenges the neutrality of law by revealing its embedded power relations and transformative potential, whereas progressive legal thought advances a human-centered paradigm that prioritizes substantive justice and social welfare. The study concludes that the paradigm shift in legal research reflects a broader transformation in legal philosophy from formal legality toward substantive justice. This shift repositions law as a dynamic social institution that must respond to human needs, social context, and moral responsibility. Ultimately, the progressive paradigm reinforces the role of law as an instrument for social transformation and the advancement of human dignity.

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Journal Info

Abbrev

GIJLSS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Greenation International Journal of Law and Social Sciences (GIJLSS) is a journal that uses a blind peer-review model that can be accessed online. GIJLSS aims to publish a journal containing quality articles that will be able to contribute thoughts from theoretical and empirical perspectives for the ...