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February 21, 2026Statute Law Review0 citationsOpen Access

From margins to mainstream: the place of legislative studies in legal scholarship

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MZMauro Zamboni

Key Points

  • The article aims to address the marginalization of legislative studies in legal scholarship and advocate for its reintegration as a key area of inquiry.
  • Examines historical neglect of legislative studies in legal scholarship.
  • Analyzes cultural factors influencing this neglect, including legal philosophies.
  • Explores contemporary shifts that provide opportunities for integration.
  • Identifies practical pathways for embedding legislative studies in legal education.
  • Legislative processes are crucial for legitimizing and domesticating global norms.
  • Emphasizes the need for transparent legislative standards and educational curriculum changes.
  • Argues that legislative law-making should be seen as a vital legal activity rather than just a political task.

Abstract

Abstract This article examines the enduring marginalization of legislative studies within legal scholarship and argues for its reintegration as a central field of inquiry. Despite legislation’s foundational role in modern legal systems, legal scholars (particularly within civil law traditions) have historically neglected the study of law-making processes, focusing instead on constitutional adjudication and statutory interpretation. Drawing on insights from legal philosophy, political science, and sociology of law, the article traces the roots of this neglect to entrenched features of legal culture, including positivist and natural law paradigms, narrow conceptions of representative democracy, and the constitutional dominance of judicial discourse. It then identifies contemporary shifts (such as the rise of participatory democracy, globalization, and interdisciplinary approaches) that open new possibilities for mainstreaming legislative studies in legal academia. The analysis explores how globalization has complicated law-making by dispersing regulatory authority across supranational, national, and non-state actors, while simultaneously reaffirming the importance of legislative processes as instruments for legitimizing and domesticating global norms. Against this backdrop, the article outlines practical pathways for integrating legislative studies into legal scholarship: establishing transparent legislative standards, embedding legislative drafting and analysis into law school curricula, and creating institutional and research infrastructures dedicated to the field. Ultimately, it argues that re-centering legislative processes within legal discourse is vital for both democratic legitimacy and effective governance in a globalized world. Legislative law-making should thus be reconceived not merely as a political or bureaucratic task but as a core legal activity grounded in professional reasoning, normative coherence, and participatory transparency.

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Cite This Study

Mauro Zamboni (2025) studied this question.

synapsesocial.com/papers/69994d42873532290d021ce7https://doi.org/10.1093/slr/hmaf040
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