
Legal Theory in the Lowercase
The idea that LPE is lacking in legal theory, as Sam Moyn has recently claimed, depends on what counts as legal theory. If we take Legal Theory to be a subject that is defined by the Marxism-related anxieties of CLS, then LPE work is severely under-theorised. If, instead, we endorse an idea of legal theory without capitalisation - a way of writing about law that is explicit and explanatory about our assumptions - then many LPE scholars have been analytically generous in presenting their understanding of law and political economy, even if more remains to be done.