Final published version
Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
}
TY - JOUR
T1 - Public law and the value of conceptual analysis
AU - Mauthe, Barbara
N1 - 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.
PY - 2014/3
Y1 - 2014/3
N2 - 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.
AB - 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.
KW - realism
KW - public law
U2 - 10.1017/S1744552313000360
DO - 10.1017/S1744552313000360
M3 - Journal article
VL - 10
SP - 47
EP - 63
JO - International Journal of Law in Context
JF - International Journal of Law in Context
SN - 1744-5523
IS - 1
ER -