In the Law We Trust. Some Thoughts on the ‘Legislative Gap’ in Legal Studies

In A. Daniel Oliver-Lalana (ed.), Conceptions and Misconceptions of Legislation. Springer Verlag. pp. 295-307 (2019)
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Abstract

Legislation and the enactment of legislation is of primary importance for the development of the law in modern jurisdictions. The law depends on it—the bulk of the law is created by way of legislation. One would expect that this importance is reflected in legal research and education. But in fact it is not. This contribution looks into the neglect of legislative studies in traditional legal scholarship and the all but absence of it in academic teaching curricula of law. The scant attention for legislation and legislative studies illustrates quite well the character of academic legal curricula in most modern Western jurisdictions; they are more or less Judge-centred legal culture. The contribution rallies for more scientific-based, open-minded and future-oriented forms of legal research and academic training.

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