Abstract

In 2010, Martin Loughlin published his opus magnum Foundations of Public Law, the culmination of years of intensive research on the topics of public law and constitutional theory. In Questioning the Foundations of Public Law, Michael Wilkinson and Michael Dowdle put together a rich collection of papers that probe deeply into various facets of Loughlin’s work. In this review article, I critically examine an aspect of this probing, articulated by Wilkinson, to do with the autonomy of the political as the basis of political jurisprudence. I argue that both the probing and Loughlin’s response articulate horns of a dilemma that points to a deeper issue: the epistemological repercussions of the rise of the social sciences as forms of distinctively modern inquiry into the causes of social phenomena, where these include phenomena such as the autonomy of political power in modern states.