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dc.contributor.advisorClayton, Cornell W.
dc.creatorZschirnt, Simon
dc.date.accessioned2013-09-20T18:39:53Z
dc.date.available2013-09-20T18:39:53Z
dc.date.issued2013
dc.identifier.urihttp://hdl.handle.net/2376/4725
dc.descriptionThesis (Ph.D.), School of Politics, Philosophy & Public Affairs, Washington State Universityen_US
dc.description.abstractModels of legal change identifying electoral politics, specifically realignments of the political system that replace one political-electoral regime with another, as a key to understanding the evolution of legal thought have been widely accepted. However, the precise causal order of the chain of events linking political and legal change is less clear given the autonomy of the legal profession. This study addresses this question by examining the dynamics of change in the legal marketplace of ideas during three periods of political realignment (the 1980s, the 1930s, and the 1890s). The timing and magnitude of the changes in legal orthodoxy that occurred during each of these periods are measured primarily through analysis of patterns in legal scholarship in elite law reviews that measures the extent to which changes in the amount of scholarship embracing (as well as attacking) legal ideologies associated with new regimes correspond to critical events signaling support for those ideologies by prominent political actors affiliated with those regimes. The results suggest that the relationship between realignments of the political system and change in the legal marketplace of ideas has not been constant over time but rather has been contingent upon the comprehensiveness of the realignment and upon how deeply entrenched the outgoing regime's legal ideology is in the legal marketplace of ideas. In particular, legal ideologies that are affiliated with a regime that is the product of a partial and protracted realignment and which confront a legal marketplace of ideas that remains thoroughly permeated by the outgoing regime's legal ideology are likely to be highly reliant upon overt political support for legitimacy. Conversely, legal ideologies that are affiliated with a regime that is the product of a complete and rapid realignment and which confront a legal marketplace of ideas that is less thoroughly permeated by the outgoing regime's legal ideology are likely to be less reliant upon overt political support for legitimacy.en_US
dc.description.sponsorshipDepartment of Political Science, Washington State Universityen_US
dc.languageEnglish
dc.rightsIn copyright
dc.rightsPublicly accessible
dc.rightsopenAccess
dc.rights.urihttp://rightsstatements.org/vocab/InC/1.0/
dc.rights.urihttp://www.ndltd.org/standards/metadata
dc.rights.urihttp://purl.org/eprint/accessRights/OpenAccess
dc.subjectPolitical Science
dc.subjectLaw
dc.subjectConstitutional law
dc.subjectConstitutional theory
dc.subjectLegal ideology
dc.subjectLegal theory
dc.subjectPolitical realignment
dc.subjectPolitical regimes
dc.titleThe Political Foundations of Legal Theory: Political Realignment and the Legal Marketplace of Ideas
dc.typeElectronic Thesis or Dissertation


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