TY - JOUR

T1 - Public law, knowledge and explanation: a critique on the facilitative nature of public law analysis.

AU - Mauthe, Barbara

N1 - The final, definitive version of this article has been published in the Journal, International Journal of Law in Context, 2 (4), pp 377-392 2006, © 2006 Cambridge University Press.

PY - 2006

Y1 - 2006

N2 - The aim of this paper is to examine why public law is able to incorporate political theory but excludes feminist critiques. In order to achieve this goal a form of discourse analysis will be undertaken using epistemological and scientific perceptions of knowledge and explanation. This approach is both unusual and unique but will illustrate some of the exclusionary suppositions which underpin analysis within public law. The paper will conclude that only by adopting an alternative starting point for analysis, such as the use of concepts, will public law be able to incorporate alternative and critical approaches.

AB - The aim of this paper is to examine why public law is able to incorporate political theory but excludes feminist critiques. In order to achieve this goal a form of discourse analysis will be undertaken using epistemological and scientific perceptions of knowledge and explanation. This approach is both unusual and unique but will illustrate some of the exclusionary suppositions which underpin analysis within public law. The paper will conclude that only by adopting an alternative starting point for analysis, such as the use of concepts, will public law be able to incorporate alternative and critical approaches.

U2 - 10.1017/S1744552306004034

DO - 10.1017/S1744552306004034

M3 - Journal article

VL - 2

SP - 377

EP - 392

JO - International Journal of Law in Context

JF - International Journal of Law in Context

SN - 1744-5523

IS - 4

ER -