TY - JOUR
T1 - It Now Exists
T2 - The Birth of the Chilean Professional Legal Academia in the Wake of Neoliberalism
AU - Wilenmann, Javier
AU - Gil, Diego
AU - Tschorne, Samuel
N1 - Funding Information:
The order of authors is random and each contributed equally to the article. Many thanks to Isabel Aninat, Andrés Bernasconi, Paulina Berríos, Rodrigo Correa, Lawrence Friedman, and Osvaldo Larrañaga, as well as the anonymous reviewers, for their insightful and helpful comments. This article also benefited from discussions held at Universidad Diego Portales, Universidad Adolfo Ibáñez, and the 2020 Law and Society Annual Meeting. Javier Wilenmann acknowledges support from ANID Fondecyt # 1170056, Diego Gil acknowledges support from ANID Fondecyt Iniciación # 11180489, and Samuel Tschorne acknowledges support from ANID Fondecyt Iniciación # 11200294.
Funding Information:
As part of these reforms, the military junta downsized public universities and actively promoted competition by enabling the expansion and diversification of new private higher education institutions. This led to a major growth in the number of higher education institutions in the late 1980s—from just eight in 1980 to 302 in 1990—and a total restructuring of their funding (Bernasconi and Rojas , 25). From then on, universities both traditional and new were expected to charge tuition that tracked actual unit cost as close as possible. While new private higher education institutions were entirely dependent on tuition, the old institutions saw their public funding greatly reduced. Overall, government spending on higher education was reduced from 1.06 percent of GDP in 1981 to 0.47 percent in 1988 (Bernasconi and Rojas , 21–26; Bernasconi , 190; Brunner , 40), just as the system massified. Lastly, research funding was made separate through the creation of a competitive system of research grants (FONDECYT). During the 1980s and early 1990s, the competitive grants system benefited almost exclusively those disciplines in the natural sciences that already had a significant number of full-time academics focused on producing findings for publication in indexed journals (Bernasconi and Rojas , 186–87; Brunner , 39–42). Yet this policy would later come to influence all academic fields and play a significant role in our case.
Publisher Copyright:
© The Author(s), 2022. Published by Cambridge University Press on behalf of the American Bar Foundation.
PY - 2023/8/2
Y1 - 2023/8/2
N2 - This article analyzes the processes shaping the emergence of a professionalized legal academia in Chile. Through a case study informed by quantitative and qualitative evidence, the study shows that the control and orientation of a professional school is a contested space, where the interactions between the profession, the market, and the state shape the trajectory of the legal education field. The article argues that the neoliberal remaking of higher education of the 1980s created a regime that increasingly relies on performance indicators modeled on the paradigm of the research university, which have been used as an opportunity by law schools seeking elite status to increase their academic reputation through the formation of bodies of full-Time legal scholars. This new institutional environment has produced, however, an important degree of malaise among the new professional legal academics, the majority of whom resent that their research is increasingly swayed by the standards imposed by governmental or university-wide bureaucratic structures rather than by the needs of legal practice.
AB - This article analyzes the processes shaping the emergence of a professionalized legal academia in Chile. Through a case study informed by quantitative and qualitative evidence, the study shows that the control and orientation of a professional school is a contested space, where the interactions between the profession, the market, and the state shape the trajectory of the legal education field. The article argues that the neoliberal remaking of higher education of the 1980s created a regime that increasingly relies on performance indicators modeled on the paradigm of the research university, which have been used as an opportunity by law schools seeking elite status to increase their academic reputation through the formation of bodies of full-Time legal scholars. This new institutional environment has produced, however, an important degree of malaise among the new professional legal academics, the majority of whom resent that their research is increasingly swayed by the standards imposed by governmental or university-wide bureaucratic structures rather than by the needs of legal practice.
UR - http://www.scopus.com/inward/record.url?scp=85166555801&partnerID=8YFLogxK
U2 - 10.1017/lsi.2022.56
DO - 10.1017/lsi.2022.56
M3 - Article
AN - SCOPUS:85166555801
SN - 0897-6546
VL - 48
SP - 971
EP - 998
JO - Law and Social Inquiry
JF - Law and Social Inquiry
IS - 3
ER -