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Duncan Kennedy, A Political Economy of Contemporary Legality, in The Law of Political Economy: Transformations of the Function of Law 89 (Poul Fritz Kjaer ed., 2020).

Abstract: "The chapter starts with an observation: contemporary elite jurists pursue, vis-à-vis one another, a ‘hermeneutic of suspicion’, meaning that they work to uncover hidden ideological motives behind the ‘wrong’ legal arguments of their opponents, while affirming their own right answers allegedly innocent of ideology. The rise of the hermeneutic of suspicion is a striking manifestations of the contemporary transformation of the relationship between legal elites and political/economic elites. This transformation accompanies and corresponds to the progressive juridification, judicialization and finally constitionalization of the contemporary social order."