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Public law and the value of conceptual analysis

Mauthe, Barbara (2014) Public law and the value of conceptual analysis. International Journal of Law in Context, 10 (1). pp. 47-63. ISSN 1744-5523

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Abstract

The goal of this paper is to demonstrate the viability and potential of conceptual analysis as a methodological tool. It is argued that conceptual analysis represents a flexible and open method for connecting public law with analyses that are different, and even incommensurable with its own epistemology. The particular area that this paper seeks to connect public law with is that of feminist critiques. It is a journey that does not occur without some difficulty. Conceptual analysis is unknown within public law and therefore the notion requires defining and explaining. Public law has also been particularly resistant to the inclusion of feminist critiques and therefore the task of identifying suitable concepts is not straightforward. The outcome is, however, not only the identification of a new methodological tool for public lawyers but the capacity to broaden the range of material that can be incorporated within their analyses.

Item Type: Article
Journal or Publication Title: International Journal of Law in Context
Additional Information: http://journals.cambridge.org/action/displayJournal?jid=IJC The final, definitive version of this article has been published in the Journal, International Journal of Law in Context, 10 (1), pp 47-63 2014, © 2014 Cambridge University Press.
Uncontrolled Keywords: realism ; public law
Subjects: K Law > K Law (General)
Departments: Faculty of Arts & Social Sciences > Law School
ID Code: 58332
Deposited By: ep_importer_pure
Deposited On: 12 Sep 2012 10:24
Refereed?: Yes
Published?: Published
Last Modified: 14 Mar 2014 11:52
Identification Number:
URI: http://eprints.lancs.ac.uk/id/eprint/58332

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