Private Law Theory

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.

Mauro Zamboni, From margins to mainstream: the place of legislative studies in legal scholarship, Statute Law Review, volume 47, issue 1, 2026. Published: 19 February 2026.