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

27 Pages Posted: 11 Jan 2006

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.

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

JEL Classification: K1, K00, K23

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: https://ssrn.com/abstract=875025

Daniel B. Rodriguez (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

Mathew D. McCubbins

Department of Political Science and Law School, Duke University ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
826
Abstract Views
3,757
rank
28,303
PlumX Metrics