Juridification: Disrupting the Relationship between Law and Politics?
Author | Anna Banasiak,Anne‐Mette Magnussen |
DOI | http://doi.org/10.1111/eulj.12026 |
Date | 01 May 2013 |
Published date | 01 May 2013 |
Juridification: Disrupting the Relationship
between Law and Politics?
Anne-Mette Magnussen and Anna Banasiak*
Abstract: The article addresses some possible implications of juridification in the
society. The concept of juridification is unclear, and the empirical knowledge of the
social implications of various processes of juridification is weak. We argue that clear-cut
conclusions about the implications of such processes cannot be drawn. To address
questions of implications of juridification processes, we focus on the relationship between
law and politics. An analytical framework for the analysis of juridification processes is
introduced to manage the vast implications of these processes. The discussion indicates
complexity and contradictory outcomes of juridification processes. We conclude that to
understand the vast complexity of the different kinds of juridification processes, we need
more empirical studies from a range of academic fields, including law, economics and
political sciences, and that researchers in these fields need to take a step back to get a
more satisfactory analytical point of departure for such studies.
I Introduction
In this article, we discuss some of the potential implications of juridification processes
in the society. In particular, we focus on the implications that juridification has for
democratic politics. Scholars seem to agree that the relationship between law and
politics has changed, and that juridification now characterises current social develop-
ment. However, the concept of juridification itself is unclear, and empirical knowledge
of the social implications of various processes of juridification is weak. Hence, it is not
possible to draw clear-cut conclusions about the implications of such processes.
To address this, we introduce a way to conceptualise the relationship between law
and politics, and develop an analytical framework to manage the vast potential
implications of juridification processes. This makes it possible to address the impli-
cations of juridification in a more explorative and empirical manner.
The article is organised as follows. First, we specify the dimensions of juridification
processes that are our focus. Subsequently, we address a way to conceptualise law and
politics in a European democratic tradition. We then introduce our analytical frame-
work, through which we illustrate how various juridification processes may strengthen
or weaken both law and politics, and how those same processes can influence the
* Anne-Mette Magnussen, Associate Professor, Bergen University College—Faculty of Health and Social
Sciences, Bergen, Norway; Anna Banasiak, PhD Student, Bergen University College—Faculty of
Health and Social Sciences, Bergen, Norway.
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European Law Journal, Vol. 19, No. 3, May 2013, pp. 325–339.
© 2013 John Wiley & Sons Ltd., 9600 Garsington Road, Oxford, OX4 2DQ, UK
and 350 Main Street, Malden, MA 02148, USA
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