LEGAL METHOD AND POLITICAL TIME.
The article focuses on the relationship between legal methodology and political time, arguing that the methods legal scholars adopt are shaped by the political and economic context in which they work. It highlights the dominant "rationalizing legal analysis" method in U.S. legal education, which emp...
| Publicado en: | Law & Contemporary Problems Vol. 88; no. 3; pp. 1 - 27 |
|---|---|
| Autores principales: | , |
| Formato: | Artículo |
| Publicado: |
Duke University
2026
|
| Materias: | |
| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=ssf&AN=192777383&site=ehost-live header: @attributes: shortDbName: ssf uiTerm: 192777383 longDbName: Social Sciences Full Text (H.W. Wilson) uiTag: AN controlInfo: bkinfo: jinfo: jid: 00239186 LCP jtl: Law & Contemporary Problems issn: 00239186 maglogo: N pubinfo: dt: 2026 vid: 88 iid: 3 pid: 588 pub: Duke University artinfo: ui: 192777383 ppf: 1 ppct: 26 formats: fmt: @attributes: type: P size: 2.1MB tig: atl: LEGAL METHOD AND POLITICAL TIME. aug: au: LIENAU, ODETTE RANA, AZIZ affil: Marianne D. Short, Esq., Dean and Professor of Law, Boston College Law School. J. Donald Monan, S.J., University Professor of Law and Government, Boston College. su: Legitimacy of governments Legal education Legal norms Legal reasoning Political stability sug: subj: Legitimacy of governments Legal education Legal norms Legal reasoning Political stability ab: The article focuses on the relationship between legal methodology and political time, arguing that the methods legal scholars adopt are shaped by the political and economic context in which they work. It highlights the dominant "rationalizing legal analysis" method in U.S. legal education, which emphasizes coherence and preservation of legal traditions, but critiques its limitations in addressing structural conflicts and transformative possibilities. The authors advocate for greater attention to the genealogical method—a critical, historically inflected approach that deconstructs legal norms by revealing their contingent origins and power dynamics—as especially valuable during periods of political instability and fractured hegemony, such as post-2008 financial crisis and recent political upheavals. They caution, however, that in times of breakdown and authoritarian threat, genealogical critique must be balanced with a recognition of the normative and reconstructive potential of legal regimes to avoid undermining social cohesion and legal legitimacy. Ultimately, the article contends that genealogical methods remain essential for understanding and reconstructing legal and economic structures, enabling scholars to navigate between preservation and transformation in varying political moments. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: N holdings: @attributes: islocal: N |
|---|