نوع مقاله : مقاله پژوهشی
نویسنده
دانشگاه تربیت مدرس
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
This article examines the actions of legal academics and researchers in circumstances where the institutional balance among legal rules, the functioning of institutions, and social expectations is disrupted. the article adopts an analytical and institutional approach and seeks to show how the meaning and consequences of academic conduct change when the institutional context shifts.
Under conditions of institutional equilibrium, the teaching, research, and interpretive activities of legal academics are, for the most part, absorbed into a network of institutions and have only limited public effects. In conditions of institutional disequilibrium, however, those same activities may acquire a different institutional and semantic significance and become the focal point of public judgments about the role of this group of legal academics.
By analytically comparing these two conditions, the article offers a typology of patterns of action by law teachers and scholars, ranging from reduced professional action to interpretive-analytical action, problem-oriented teaching, structural research, and expertise-based public engagement. It shows that “principled action” should be understood not as a single pattern of conduct, but rather as a relation among action, the language of law, and its institutional consequences.
The article evaluating the conduct of law professors and legal researchers without regard to the context in which that conduct acquires meaning leads to absolute and misleading judgments. In conclusion, the article emphasizes that an institutional analysis of legal action is a necessary condition for understanding the role of the legal scholar in relation to the rule of law, fundamental rights, and the public interest.
کلیدواژهها [English]
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