Realism and analysis within public law

Mauthe, Barbara and Webb, Tom (2013) Realism and analysis within public law. Liverpool Law Review, 34 (1). pp. 27-46. ISSN 0144-932X

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Abstract

Allan, Loughlin and Walker represent leading theorists within the realm of public law analysis. Accordingly, when such theorists write on a similar topic, such as that of the theory of constitutionalism, it can be assumed that their analysis and evaluation of the theory represents a ‘realistic’ account. However, close examination of their writings does not reveal similarity but instead much divergence, even incompatibility. This then raises the question, how can such diversity represent reality? If all three theorists are examining the same phenomenon then surely there must be some similarity between their accounts for there to be reality? Alternatively, if all the perceptions of the theorists are indeed real, then perhaps it is the way that public lawyers represent reality that needs to be examined.

Item Type:
Journal Article
Journal or Publication Title:
Liverpool Law Review
Additional Information:
The final publication is available at Springer via http://dx.doi.org/10.1007/s10991-013-9128-x
Uncontrolled Keywords:
/dk/atira/pure/subjectarea/asjc/3300/3308
Subjects:
ID Code:
62956
Deposited By:
Deposited On:
18 Mar 2013 12:04
Refereed?:
Yes
Published?:
Published
Last Modified:
29 Oct 2020 03:06