ABSTRACT

Globalization and internationalization are challenging the boundaries of the 'discipline'; with the nation-state waning in importance as the ultimate reference point for jurisdictional demarcation lines, it is also called into question as an intellectual paradigm of legal scholarship and legal education. Von Liszt argues that despite the aesthetic argument that the law should be pursued not in the spirit of the craftsman but with some scholarly dignity; 'scientific' pursuits are justified by their benefits for the actual practice of law. Theorists like Roberto Unger have long claimed that legal analysis and legal education have to break out of their traditional mould; and that the intellectual history of law provides an arsenal for an institutional re-imagining that makes law unique among academic disciplines. It is true that on the European continent, given its long-standing history and traditionally less judge-centred legal culture, legal academia in the nineteenth century was far better established, more professionalized and also more highly regarded than in England.