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In The Pioneers of Judicial Behavior, prominent political scientists critically examine the contributions to the field of public law of the pioneering scholars of judicial behavior: C. Hermann Pritchett, Glendon Schubert, S. Sidney Ulmer, Harold J. Spaeth, Joseph Tanenhaus, Beverly Blair Cook, Walter F. Murphy, J. Woodward Howard, David J. Danelski, David Rohde, Edward S. Corwin, Alpheus Thomas Mason, Robert G. McCloskey, Robert A. Dahl, and Martin Shapiro. Unlike past studies that have traced the emergence and growth of the field of judicial studies, The Pioneers of Judicial Behavior accounts for the emergence and exploration of three current theoretical approaches to the study of judicial ...
In this definitive collection, the writings of Herbert J. Storing have been assembled into six categories: the Founding Fathers and their legacy; race relations in America; rights and the public interest; bureaucracy and big government; statesmanship and the presidency; and liberal education. With profound understanding and incisive prose, Herbert J. Storing elucidates the nature and enduring importance of America's deepest political principles. His work is presented here with the thoughtful care and organization of one of his students - Joseph M. Bessette.
From local trial courts to the United States Supreme Court, judges' decisions affect the fates of individual litigants and the fate of the nation as a whole. Scholars have long discussed and debated explanations of judicial behavior. This book examines the major issues in the debates over how best to understand judicial behavior and assesses what we actually know about how judges decide cases. It concludes that we are far from understanding why judges choose the positions they take in court. Lawrence Baum considers three issues in examining judicial behavior. First, the author considers the balance between the judges' interest in the outcome of particular cases and their interest in other go...
This synthesis of research into the behavior of humans and other social animals ranges horizontally from a congruence of the perspectives of the life sciences, social sciences, and physical sciences and longitudinally from that of the most recent 60 million years, but emphasizing the last 12 thousand years. From a political science perspective, these essays focus on both individual and small-group political behavior. Schubert’s work draws extensively on contemporary evolutionary theory, biosocial and psychobiological theory, ethology and primatology, behavioral ecology, experimental work in animal behavior, neurobiology, human development, and the philosophy of both life and social sciences. Introducing and concluding the book are essays that discuss the implications of biology and the life sciences for the study of political science. The others center on five topics: political ethology (naturalistic study of human behavior as animal behavior); political evolution; evolutionary theory; evolutionary development (ecological, epigenetic, and ontogenetic); and the evolution of human thinking.
The first book on the Supreme Court to incorporate extensive in-depth interviews with former justices, this study provides both insiders' accounts of how decisions are made and an empirical analysis of more than 3,000 Court decisions.
A frequently overlooked institution of American politics, the Office of the Solicitor General is responsible for all litigation before the U.S. Supreme Court on behalf of the executive branch. In carrying out this task, the solicitor general is also an advisor to the justices and a gatekeeper, controlling a large portion of litigation that reaches the Court's docket. Rebecca Salokar studies this office and shows that, with the increased politicization of the Justice Department, the work of the nation's lawyer is an integral component of executive policy-making. Paying particular attention to the selection of solicitors general and the political and legal environment in which they functioned,...
Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' – as opposed to ‘natural’ – law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.
Uses a single-country case study to enrich research on the role of constitutional courts in new democracies.
These original essays by major scholars of judicial behavior explore the frequency, intensity, and especially the causes of conflict and consensus among judges on American appellate courts. Together, these studies provide new insights into judges' attitudes and values, role perceptions, and small group interactions.