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The Judiciary and the Role of Law: A Positive Political Theory Perspective


Daniel B. Rodriguez


Northwestern University - School of Law

Mathew D. McCubbins


University of Southern California - Marshall School of Business, Gould School of Law and the Department of Political Science


HANDBOOK ON POLITICAL ECONOMY, B. Weingast & D. Wittman, eds., Oxford University Press, 2006
San Diego Legal Studies Paper No. 07-33

Abstract:     
In this chapter for a comprehensive volume on political economy, the authors survey key work in the positive political theory tradition and its impact on the study of law and judicial politics. They consider, in particular, the influence of positive political theory on the study of statutory interpretation, administrative law, and judicial independence. This chapter draws upon the recent literature and aims, as well, to synthesize into some discernible themes a broad body of work within the positive political theory framework.

Number of Pages in PDF File: 27

Keywords: positive political theory, statutory interpretation, administrative law, judicial independence

JEL Classification: K1, K00, K23

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Date posted: January 11, 2006  

Suggested Citation

Rodriguez, Daniel B. and McCubbins, Mathew D., The Judiciary and the Role of Law: A Positive Political Theory Perspective. HANDBOOK ON POLITICAL ECONOMY, B. Weingast & D. Wittman, eds., Oxford University Press, 2006; San Diego Legal Studies Paper No. 07-33. Available at SSRN: http://ssrn.com/abstract=875025

Contact Information

Daniel B. Rodriguez (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Chicago, IL 60611
United States
Mathew D. McCubbins
University of Southern California - Marshall School of Business, Gould School of Law and the Department of Political Science ( email )
FBE 06515, Mail Code 0804
Los Angeles, CA 90089-0804
United States
(213)740-5036 (Phone)
Feedback to SSRN (Beta)


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