Phenomenon-centric perspectives and stakeholder knowledge to doctrinal legal research through action research – some observations on the dialogue between law and tourism studies

Authors

• Jenna Päläs Yliopistonlehtori, Itä-Suomen yliopisto
• Maria Hakkarainen

DOI: https://doi.org/10.33351/mt.124695

Keywords:

matkailututkimus, lainoppi, toimintatutkimus, sidosryhmät, ilmiöymmärys

Abstract

Online platforms and sharing economy have introduced new service concepts and models of collaborative consumption into the tourism industry. Moreover, platform-based production of services has enriched the field of actors of the tourism sector leading to many fold questions how responsibilities form within the new service context. From the legal perspective, application of laws into platform-induced activities has proven to be challenging. Thus, phenomenon-centric knowledge is required in order to regulate and govern the evolving tourism services and producers in an effective and just manner. In this article, we share our experiences and observations on the potential of the action research strategy as a transdisciplinary tool combining tourism studies and law, especially legal doctrinal research. We claim that action research as a research approach does not only enable methodological pluralism, but it also produces knowledge and arguments that serve different roles for different types of legal research. For doctrinal legal research, action research can produce knowledge in the field of consequences, for instance, knowledge on which outcomes are aligned with the values and legal principles behind legislation. This, in turn, has a paramount value in legal reasoning.