The Oxford Handbook of Law and Politics

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

• ISBN13: 9780199585571
• ISBN10: 0199585571
• Format: Paperback
• Copyright: 2010-08-06
• 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 most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. ThisHandbookprovides 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 Politicsgathers 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

Part I: Introduction Keith E. Whittington, R. Daniel Kelemen, and Gregory A. Caldeira
Part II: Approaches
1. Judicial Behavior, Jeffrey Segal
2. Strategic Action, Pablo Spiller and Rafael Gely
3. Historical Institutionalism, Rogers Smith
4. Sociological Perspectives, Malcolm Feeley
Part III: Comparative Judicial Politics
5. Rule of Law, Courts, and Economic Development, Rick Messick and Matthew Stephenson
6. Rule of Law and Courts in Democratizing Regimes, Rebecca Chavez
7. The Global Spread of Constitutional Review, Thomas Ginsburg
8. Establishing and Maintaining Judicial Independence, Georg Vanberg
9. Judicialization of Politics?, Ran Hirschl
10. Federalism, Daniel Halberstam
11. Emergency and Prerogative Powers, Kim Scheppele
Part IV: International and Supranational Law
12. International Law, Beth Simmons
13. The European Court of Justice and European Legal Integration, Karen Alter
14. War Crimes Tribunals, Gary Bass
15. The Globalization of the Law, Bryant Garth
Part V: Forms of Legal Order
16. Civil Law and Common Law: Toward Convergence?, Ugo Mattei and Luca Pes
17. Constitutionalism, Keith Whittington
18. Constitutional Law, Mark Graber
19. Legal Structures of Democracy, Richard Pildes
20. Administrative Law, Daniel Rodriguez
21. Legislation and Statutory Interpretation, Elizabeth Garrett
22. Informal and Private Dispute Resolution, Christine Harrington
Part VI: Sources of Law and Theories of Jurisprudence
23. Positivism, Jules Coleman
24. Natural Law, Robert George
25. Rights Liberalism, Matthew Kramer
26. Formalism and Its Discontents, Frederick Schauer
27. Feminist Theory, Judith Baer
28. Race and Legal Theory, Sheila Foster and Robin Lenhardt
Part VII: The American Judicial Context
29. Filling the Bench, David Yalof
30. The U.S. Supreme Court, Lee Epstein
31. Relations Among Courts, Susan Haire
32. Litigation and the Mobilization of Law, Michael McCann
33. Legal Profession, Richard Abel
34. The Public and the Courts, Gregory A. Caldeira
Part VIII: The Political and Policy Environment of Courts in the United States
35. Judicial Independence, Frank Cross
36. Law and Regulation, Susan Rose-Ackerman
37. Law as an Instrument of Social Reform, Charles Epp
38. Criminal Justice and Police, Wesley Skogan
39. Law and Political Ideologies, Julie Novkov
40. Courts and Political Partisan Regimes, Howard Gillman
41. Legal Consciousness, Scott Barclay and Susan Silbey
Part IX: Interdisciplinary Approaches to Law and Politics
42. Law and Society, Lynn Mathers
43. Law and Economics, Lewis Kornhauser
44. Law and Psychology, Tom Tyler
45. Law and Literature, William MacNeil
46. Law and History, Christopher Tomlins
Part X: Old and New Stuart Scheingold, Harold Spaeth , and Martin Shapiro