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
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, K23Accepted Paper Series
Date posted: January 11, 2006
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