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1 results

  • 4 - A Political Economy of Contemporary Legality

  • from Part I - Studying the Law of Political Economy
  • Edited by Poul F. Kjaer, Copenhagen Business School
  • Book:
    The Law of Political Economy
    Published online:
    18 April 2020
    Print publication:
    23 April 2020, pp 89-124

  • Summary

    The chapter starts with an observation: contemporary élite jurists pursue, vis-à-vis one another, a “hermeneutic of suspicion”, meaning that they work to uncover hidden ideoogical motives behind the “wrong” legal arguments of their opponents, while affirming their own right answers allegedly innocent of ideology. The rise of the hermeneutic of suspicion is a striking manifestation of the contemporary transformation of the relationship between legal élites and political economic élites. This transformation accompanies and corresponds to the progressive juridification, judicialisation and finally constitutionalisation of the contemporary social order.