Innovation through Interdisciplinarity: The Usefulness of the Constructivist Approach in Administrative Law Scholarship Cover Image

Innovation durch Interdisziplinarität: Nützlichkeit des konstruktivistischen Ansatzes in der Verwaltungsrechtswissenschaft
Innovation through Interdisciplinarity: The Usefulness of the Constructivist Approach in Administrative Law Scholarship

Author(s): Natalia Kohtamäki
Subject(s): Public Law, Administrative Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: public law; norm; social constructivism; constructivist theories; post-positivist narratives;

Summary/Abstract: Changes associated with the dynamic development of social relations cause the modification of existing methodological approaches. This applies not only to those scientific disciplines which from their birth that has been open to adopting methodological models and instruments from other scientific disciplines – we can mention, for example, the sciences of administration, management, or international relations – but also to the disciplines previously considered conservative, such as the legal sciences. In their search for new cognitive tools, lawyers are increasingly turning to so-called post positivist theories in the social sciences for inspiration in the processes of interpreting and reinterpreting norms in a broader social context. The purpose of the article is to point out that in this search, the constructivist paradigm deserves special attention, which is especially applicable to public law. It responds most intensively and quickly to the changes associated with the internationalising of social reality. The conclusions presented in the analysis indicate that constructing norms according to the constructivist paradigm, however, faces specific obstacles related to the technocratization of the law-making process.

  • Issue Year: 2022
  • Issue No: 57
  • Page Range: 293-308
  • Page Count: 16
  • Language: German