Legal Theory Systems

Download On Law, Politics, and Judicialization by Martin Shapiro, Alec Stone Sweet PDF

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By Martin Shapiro, Alec Stone Sweet

Around the globe, the area of the litigator and the pass judgement on has notably elevated, making it more and more tough in the event you research comparative and foreign politics, public coverage and rules, or the evolution of latest modes of governance to prevent encountering loads of legislation and courts. In On legislations, Politics, and Judicialization, of the world's prime political scientists current the simplest in their learn, targeting the right way to construct and try out a social technological know-how of legislations and courts. selected empirical settings comprise the us, the GATT-WTO, France and Germany, Imperial China and Islam, the ecu Union, and the transnational global of the Lex Mercatoria.

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Extra resources for On Law, Politics, and Judicialization

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There are several other methods of defining the political attitudes of judges other than extrapolating them from their voting behaviour. Obviously biographical study is one of these, and one by the way that is not statistical or qualitative or behavioural in any peculiar sense but nevertheless is an integral part of the attitudinal approach. Judicial biography has a long and honoured tradition in the United States, but much of it results from the notion that some of the judges were great men and the lives of great men 7 Of course, basic to scale analysis is the assumption that if a true scale can be constructed, then the scaled material is ordered along a single attitudinal dimension.

POLITICAL JURISPRUDENCE 29 Moreover, many of the treatments that at first glance seem somehow mathematical are really nothing more than logical propositions expressed in the language of equations or other symbolic systems and thus are not actually quantitative or only incidentally so. And, of course, such modes of expression too can be used in support of all sorts of approaches to the Court. For instance Schubert's (1962) ‘Policy Without Law: An Extension of the Certiorari Game’ uses the formal language of game theory to indicate, among other things, that the Supreme Court's certiorari practice may be determined not by formal rules of jurisdiction but by the policy preferences of the Justices.

It is also closely linked to judicial realism and ultimately to Holmes' overstated definition of law as a prediction of what courts will do. If, for instance, we can discover that Justice X has over a long period in the past consistently voted for labour and against management, we have learned something useful quite aside from whether we can speak meaningfully of pro-labour attitudes. While perhaps we cannot scientifically predict that Judge X will continue to vote for labour in all future cases unless we can explain why he has done so in the past, we can predict at the level of prudence.

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