The Legal-Formal Approach  

The theoretical approach is based on: A characteristic research perspective; that

is, characteristic research concepts, hypotheses and/or arguments which characterize the area of research.

A characteristic research method; that is, a characteristic style of analysis derived from the perspective of the researcher, his/her concepts, affinities, and methods of

research.

The Legal-Formal Approach to political research intermingles two different

dimensions:

  The study of formal law. Formal governmental organizations.

These maintain reciprocal relations in the study of the legal system

   

Research Perspective- The Legal-Formal Approach sees the study of institutions and of the state as salient objects ofinvestigationof politics. In other words, the state is a sovereignentity,having The sole power to enact laws;the state is distinct structurebased on explicit structural and procedural Laws

Hypotheses upon which the approach is based:1.The state is a unique phenomenon which demands a separate research discipline.2.Understanding political behavior and the work of political systems is possible using an understanding of the formal legal system. Knowledge of the laws of the political system is knowledge of the political system itself.

 As a research method, the Legal-

Formal Approach has four characteristics:

1. Characteristic descriptive concepts.2. Characteristic concepts of relationships.a. A prototypical relationship to the understanding of the

historical.b. A causal relationship between law and formal structure.c. A prescriptive relationship. 3. Questions and characteristic problems

a. What are the laws of the system?b. How do the legal-formal laws and formal institutions

direct the general functioning of the system?c. What should the formal structures be and what should the

state structure be in order to ensure achieving its goals? 4. Characteristic method of analysis- Analysis of texts.

The Rise of the Legal-Formal Approach

The background to the rise of this approach is characterized by the existence of two approaches which were dominant in political research1.The geometric- deductive approach (the radical sector)2. The common sense approach (the conservative- traditional sector)

rise of the legal-formal approach was parallel to the rise of consensual liberalism.

Forces which led to the rise of this approach

 1.The existence of the two philosophic approaches of the 19th century:PositivismThe mechanistic rather than the organic nature of human society:a. A mechanistic system working according to structure at a given point in time.b. The organism is more adaptive to the effects of the environment than a mechanism which reacts coincidentallyA mechanism can be engineered more easily than an organism, that is to say, less deterministically.2. The separation of the investigation of politics from legal studies, both in the development of academic positions with a link to political research, in the establishment of autonomous departments, and in the role of the academy in education for citizenship and for providing instruction for good citizenship.3. A research perspective of narrow comparison which did not interest non-Western political systems or the historical political institutions of the West.

3. A research perspective of narrow comparison which did not interest non-Western political systems or the historical political institutions of the West.

4. The neglect of research in a process and a structure of power struggles and political competition. The reason for this:

a. The amorphous aspect of structures and organizations did not enable scientific observation of political competition.

b. The absence of interest in political parties and interest groups.

c. Political competition is not a suitable subject for guidance to good citizenship.

The Fall of the Legal-Formal Approach

 Although this approach continues to exist in some states, its importance in the Western world has gradually decreased from the beginning of the 20th century in four stages:

Stage One- The Beginning of the 20th century which was characterized by a continual rise of interest in the structures of realpolitik, especially parties, interest groups and political competition.

Stage Two- The early period between the two World Wars which was characterized by categorizing political science as a branch of the social sciences rather than as a branch of legal science, that is to say, the adoption of methodology and models etc. from the social sciences and a rising interest in the mutual relations between regime, personality and the non-political aspects of society.

Stage Three- The later period between the two World Wars was characterized by the fall of the liberal consensus and the failure of the constitutional liberal regime to ensure the political "good". Economic crises and wars, among others, proved that liberal democratic systems did not suffice.

Stage Four- The period after the Second World War was characterized by rising interest by political science researchers in non-Western political institutions.

The Legal-Formal Approach was the dominant approach but it never reached the status of

having a monopoly on political study.