1932

Abstract

A new judicial politics of legal doctrine has the potential to resolve foundational dilemmas and reconcile long-standing and counterproductive scholarly divisions by bringing together legal concerns and political science priorities. This doctrinal-politics approach highlights a relatively new formal apparatus known as the case-space model, and it invokes close ties between theoretical and empirical work and between the study of judicial behavior and actual legal practices and institutions. The case-space model is an adaption of standard policy-space modeling, tailored for the distinguishing features of judicial policy making. It allows for ideological differences between judges while expressing those differences in terms of legal rules that partition fact-filled legal cases into different dispositions. I explore the intellectual origins and primary contributions of the approach, focusing on how legal policy is affected by collegiality (the multi-member nature of appellate courts) and hierarchy (the multi-level division of court systems).

Loading

Article metrics loading...

/content/journals/10.1146/annurev.polisci.042108.134842
2011-06-15
2024-06-21
Loading full text...

Full text loading...

/content/journals/10.1146/annurev.polisci.042108.134842
Loading
/content/journals/10.1146/annurev.polisci.042108.134842
Loading

Data & Media loading...

  • Article Type: Review Article
This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error