Mapping Juridification

Abstract

Juridification' is an ambiguous term, both descriptively and normatively. In this article we distinguish between five dimensions of 'juridification': constitutive juridification, juridification as law's expansion and differentiation, as increased conflict solving with reference to law, as increased judicial power and as legal framing. In the first part, we clarify the five dimensions. In the second part, we discuss the relationship between them and in a third and concluding part, we briefly comment on some of the challenges we are faced with from a normative point of view.

De-judicialization, Outsourced Review and All-too-flexible Bureaucracies in South African Land Restitution

“…It was therefore not at all clear at the beginning of the transitional negotiations in the early 1990s that one of the central aims of the liberation movement − to bring about equitable access to land through the restitution of dispossessed lands to their original owners − would ultimately rely on a strictly juridified approach under the rule of law. Blichner and Molander (2008) offer a helpful discussion of 'juridification' , identifying five distinct dimensions: (1) constitutive juridification, which refers to the expansion of a whole legal order, for instance through a formal constitution; (2) juridification as the expansion of law into hitherto unregulated domains; (3) juridification as increased conflict resolution with reference to law (in and beyond courts); (4) juridification as the increased power of the judiciary; and (5) juridification as the legal framing of subjectivities. As it so happened, the South African transitional negotiations, dominated by the ruling white supremacist National Party (NP) and the ANC, ended up thoroughly juridifying 'the land question' in terms of the first four dimensions (and, in the long run, also in the fifth).…”

Through a Glass Darkly: The Social Sciences Look at the Neoliberal University

“…This juridification of university life follows historic trends within other social and economic sectors, such as labour relations and social welfare. In higher education, the processes of juridification accord with the 'expansion and differentiation of law' into new spheres (Blichner and Molander 2008) and an incremental colonisation (cf. Wade 1969).…”

Collegiality, Therapy and Mediation—The Contribution of Experts in Swedish Mental Health Law

“…Similarly, law can be viewed as the expertification of conflict resolution in society. The notion of "juridification" addresses the increasing impact of law on societal matters in general and represents the general trend of expertification [17].…”