META-JURISPRUDENCE - A PARADIGM FOR LEGAL STUDIES

Citation
Ej. Conry et Cl. Beckdudley, META-JURISPRUDENCE - A PARADIGM FOR LEGAL STUDIES, American business law journal, 33(4), 1996, pp. 691
Citations number
207
Categorie Soggetti
Law,Business
ISSN journal
00027766
Volume
33
Issue
4
Year of publication
1996
Database
ISI
SICI code
0002-7766(1996)33:4<691:M-APFL>2.0.ZU;2-G
Abstract
An epistemological lens, developed from classical epistemology, philos ophy of science, and cognition research, is employed to view jurisprud ence in general, and legal studies research in particular. The dominan t paradigm in modern times has been positivism, but it is being challe nged by a number of potentially competing schools such as modern natur al law, law and economics, feminist jurisprudence, and critical legal studies. The current system of legal research protects the dominant pa radigm against the revolution posed by these competing paradigms. Lega l studies research and the Academy of Legal Studies in Business, on th e other hand, offer hope for cultivating a meta-jurisprudence that cha llenges the dominant paradigm of positivism and moves the discipline t o a research agenda of greater social significance. The review process es of legal studies journals, the existence of shared values within th e discipline, and the discourse and organization of professional meeti ngs, all encourage a meta-jurisprudence that can and should define the discipline of legal studies.