The Ideology of Legal Interpretation
Journal of Law and Policy, Vol. 29, 2009
21 Pages Posted: 16 May 2013
Date Written: 2009
Legal scholars and political scientists often disagree over the degree to which legal interpretive strategies might, at least in part, drive judicial decision-making. In other words, when a judge uses “originalism” to interpret the Constitution, does she do so because she truly adheres to that strategy and finds its result determinative, or does she do so as a means to an ideological end? Political scientists most often consider “the law,” as measured by case facts or precedent or invocations of the intent of the framers, mere “window dressing” that provides cover for judges to vote in accordance with their preferred policy outcome. Legal scholars, more often than political scientists, attribute decisions to legal analysis.
Keywords: Legal interpretation, ideology
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