Journal Articles

The New Judicial Politics of Legal Doctrine

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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).

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Detail Information

Series Title

Annual Review of Political Science

Call Number

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Publisher

California : Annual Reviews., 2011

Collation

p. 131–157

Language

English

ISBN/ISSN

10942939

Classification

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Content Type

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Media Type

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Carrier Type

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Edition

Volume 14, 2011 p. 131–157

Subject(s)

Hierarchy
case space
attitudinal and legal models
collegial court

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