The Oxford Handbook of Law and Politics

by Whittington, Keith E.; Kelemen, R. Daniel; Caldeira, Gregory A.

• ISBN13: 9780199208425
• ISBN10: 0199208425
• Format: Hardcover
• Copyright: 2008-09-15
• Publisher: Oxford University Press

Summary

The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law and society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.

Author Biography

Keith E. Whittington is the William Nelson Cromwell Professor of Politics at Princeton University. He is the author of Political Foundations of Judicial Supremacy; Constitutional Interpretation; and Constitutional Construction. He pursues research in the fields of constitutional theory, American political and constitutional development, and American political institutions.
R. Daniel Kelemen is Associate Professor of Political Science at Rutgers University. He is the author of The Rules of Federalism. He pursues research in the fields of the politics of the European Union, comparative political economy, and federalism and environmental policy.
Gregory A. Caldeira is Distinguished University Professor of Political Science and Law at Ohio State University. He pursues research and teaching in the fields of judicial processes in the United States and Europe, organized interests, and American political institutions. His publications on these subjects have appeared in such journals as the American Political Science Review, American Journal of Political Science, Journal of Politics, and the British Journal of Political Science. He is former chair of the Law and Courts Section of the American Political Science Association, former editor of the American Journal of Political Science, and former president of the Midwest Political Science Association.

Table of Contents

Introduction

Approaches

Judicial Behavior

Strategic Action

Historical Institutionalism

Sociological Perspectives

Comparative Judicial Politics

Rule of Law, Courts, and Economic Development

Rule of Law and Courts in Democratizing Regimes

The Global Spread of Constitutional Review

Establishing and Maintaining Judicial Independence

Judicialization of Politics?

Federalism

Emergency and Prerogative Powers

International and Supranational Law

International Law

The European Court of Justice and European Legal Integration

War Crimes Tribunals

The Globalization of the Law

Forms of Legal Order

Civil Law and Common Law: Toward Convergence?, Ugo Mattei and Luca Pes

Constitutionalism

Constitutional Law

Legal Structures of Democracy

Administrative Law

Legislation and Statutory Interpretation

Informal and Private Dispute Resolution

Sources of Law and Theories of Jurisprudence

Positivism

Natural Law

Rights Liberalism

Formalism and Its Discontents

Feminist Theory

Race and Legal Theory

The American Judicial Context

Filling the Bench

The U.S. Supreme Court

Relations Among Courts

Litigation and the Mobilization of Law

Legal Profession

The Public and the Courts

The Political and Policy Environment of Courts in the United States

Judicial Independence

Law and Regulation

Law as an Instrument of Social Reform

Criminal Justice and Police

Law and Political Ideologies

Courts and Political Partisan Regimes

Legal Consciousness, Scott Barclay and Susan Silbey

Interdisciplinary Approaches to Law and Politics

Law and Society

Law and Economics

Law and Psychology

Law and Literature

Law and History

Old and New Stuart Scheingold

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