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3. Law and Policy: More and Less than a Dichotomy
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Kapitel in diesem Buch
- Frontmatter i
- Contents vii
- Figures and Tables ix
- Acknowledgments xi
- Introduction: So What Does Law Have to Do with It? 1
-
PART I: Setting the Stage: The Debate over What Law Has to Do with What Judges Do
- 1. What’s Law Got to Do with It: Thoughts from “The Realm of Political Science” 17
- 2. On the Study of Judicial Behaviors: Of Law, Politics, Science, and Humility 41
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PART II : Distinguishing Law from Other Influences on Judicial Decision-making
- 3. Law and Policy: More and Less than a Dichotomy 71
- 4. Law Is Politics 92
- 5. Path Dependence in Studies of Legal Decision-making 114
- 6. Looking for Law in All the Wrong Places: Some Suggestions for Modeling Legal Decision-making 143
- 7. Stare Decisis as Reciprocity Norm 173
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PART III : What Law Has to Do with What Judges Do and Its Implications for Judicial Selection
- 8. How Judicial Elections Are Like Other Elections and What That Means for the Rule of Law 195
- 9. On the Cataclysm of Judicial Elections and Other Popular Antidemocratic Myths 223
- 10. Are Judicial Elections Democracy-Enhancing? 248
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PART IV: What Law has to do with What Judges Do and Its Implications for Public Confidence in the Courts
- 11. Judging the Politics of Judging: Are Politicians in Robes Inevitably Illegitimate? 281
- 12. The Rule of Law Is Dead! Long Live the Rule of Law! 306
- 13. Three Views from the Bench 328
- About the Contributors 343
- Index 345
Kapitel in diesem Buch
- Frontmatter i
- Contents vii
- Figures and Tables ix
- Acknowledgments xi
- Introduction: So What Does Law Have to Do with It? 1
-
PART I: Setting the Stage: The Debate over What Law Has to Do with What Judges Do
- 1. What’s Law Got to Do with It: Thoughts from “The Realm of Political Science” 17
- 2. On the Study of Judicial Behaviors: Of Law, Politics, Science, and Humility 41
-
PART II : Distinguishing Law from Other Influences on Judicial Decision-making
- 3. Law and Policy: More and Less than a Dichotomy 71
- 4. Law Is Politics 92
- 5. Path Dependence in Studies of Legal Decision-making 114
- 6. Looking for Law in All the Wrong Places: Some Suggestions for Modeling Legal Decision-making 143
- 7. Stare Decisis as Reciprocity Norm 173
-
PART III : What Law Has to Do with What Judges Do and Its Implications for Judicial Selection
- 8. How Judicial Elections Are Like Other Elections and What That Means for the Rule of Law 195
- 9. On the Cataclysm of Judicial Elections and Other Popular Antidemocratic Myths 223
- 10. Are Judicial Elections Democracy-Enhancing? 248
-
PART IV: What Law has to do with What Judges Do and Its Implications for Public Confidence in the Courts
- 11. Judging the Politics of Judging: Are Politicians in Robes Inevitably Illegitimate? 281
- 12. The Rule of Law Is Dead! Long Live the Rule of Law! 306
- 13. Three Views from the Bench 328
- About the Contributors 343
- Index 345