Political jurisprudence
Encyclopedia
Political jurisprudence is a legal theory that some judicial decisions are motivated more by politics
than by unbiased judgment. According to Professor Martin Shapiro of University of California, Berkeley
, who first noted the theory in 1964: "The core of political jurisprudence
is a vision of courts as political agencies and judges as political actors." Legal decisions are no longer focused on a judge's analytical analysis (as in Analytical jurisprudence
), but rather it is the judges themselves that become the focus for determining how the decision was reached. Political jurisprudence advocates that judges are not machines but are influenced and swayed by the political system and by their own personal beliefs of how the law should be decided. That is not to say necessarily that judges arbitrarily make decisions they personally feel should be right without regard to stare decisis
. Instead they are making decisions based on their political, legal, and personal beliefs as it relates to the law
. Deeply, and with more implication for the society, the decisions of the judges is not only modified from the politics, but modify itself the politics and the process of law making in a so influent way, that we can say that the policy-making is "judicialized".
Politics
Politics is a process by which groups of people make collective decisions. The term is generally applied to the art or science of running governmental or state affairs, including behavior within civil governments, but also applies to institutions, fields, and special interest groups such as the...
than by unbiased judgment. According to Professor Martin Shapiro of University of California, Berkeley
University of California, Berkeley
The University of California, Berkeley , is a teaching and research university established in 1868 and located in Berkeley, California, USA...
, who first noted the theory in 1964: "The core of political jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
is a vision of courts as political agencies and judges as political actors." Legal decisions are no longer focused on a judge's analytical analysis (as in Analytical jurisprudence
Analytical jurisprudence
Analytical jurisprudence is a legal theory that draws on the resources of modern analytical philosophy to try to understand the nature of law. Since the boundaries of analytical philosophy are somewhat vague, it is difficult to say how far it extends. H. L. A...
), but rather it is the judges themselves that become the focus for determining how the decision was reached. Political jurisprudence advocates that judges are not machines but are influenced and swayed by the political system and by their own personal beliefs of how the law should be decided. That is not to say necessarily that judges arbitrarily make decisions they personally feel should be right without regard to stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
. Instead they are making decisions based on their political, legal, and personal beliefs as it relates to the law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
. Deeply, and with more implication for the society, the decisions of the judges is not only modified from the politics, but modify itself the politics and the process of law making in a so influent way, that we can say that the policy-making is "judicialized".