Law and Politics (New York: Routledge Press, 2015) Buy It!
Part of the Critical Concepts in Political Science series
Designed to meet research, reference, and teaching needs across the humanities and social sciences, Routledge Major Works gather together the best and most influential work on particular concepts, subjects, and individuals. Each Routledge Major Work is edited by a leading scholar in the field to create a "mini library," generally a set of four or five volumes. The sets consist of a careful selection of previously published articles from a variety of journals, excerpts or chapters from previously published books, and materials from other sources which together provide users with historical purchase on the concept, subject, or individual in question, as well as a thorough overview of current issues.
Law and politics are deeply intertwined. Law is an essential tool of government action, an instrument with which government tries to influence society. Law is also the means by which government itself is structured, regulated and controlled. It is no surprise, then, that law is an important prize in the political struggle and that law shapes how politics is conducted.
The scholarly study of law and politics is a growing and diverse field. The range of scholarship in the area reflects the wide scope of issues and questions that are relevant to the field of law and politics and that invite new and further study. The diversity of scholarly interest in law and politics also reflects the interdisciplinary conversation that the field invites.
Law and Politics covers this ground as a new title in the Routledge series, Critical Concepts in Political Science. Along with a new introduction by the editor, the four-volume collection brings together the best of canonical and cutting-edge works in the field. It provides a comprehensive introduction to the field of law and politics and will stand as an essential research resource for scholars and students alike.
The first volume in the collection focuses on jurisprudence and constitutionalism and assembles key works examining such basic question as what is law and what purposes do constitutions serve. The second volume turns its attention to how courts operate and how judges make their decisions, examining the judicial process from trial courts to appellate courts. The third volume focuses on the relationship between law and society and takes up the intersection between the legal process and social actors, considering such issues as how ordinary people think about the law and how legal compliance works. The final volume considers law, courts and politics in an international and comparative perspective, bringing together research on such topics as the foundations of judicial independence and the relationship between law and economic development.
Volume 1: Jurisprudence and Constitutionalism
General Introduction
Introduction
1. The Path of the Law
Oliver Wendell Holmes
2. Positivism and the Separation of Law and Morals
H.L.A. Hart
3. Positivism and Fidelity to Law: A Reply to Professor Hart
Lon Fuller
4. Authority and Justification
Joseph Raz
5. Law as Interpretation
Ronald M. Dworkin
6. Constitutionalism: Ancient and Modern
Charles Howard McIlwain
7. The Constitution as an Institution
Karl N. Llewellyn
8. Constitutionalism
Keith E. Whittington
9. Constitutional Dictatorship
Clinton Rossiter
10. The Origin and Scope of the American Doctrine of Constitutional Law
James Bradley Thayer
11. Democracy and Distrust
John Hart Ely
12. The Core of the Case Against Judicial Review
Jeremy Waldron
13. "The Constitution" in American Civil Religion
Sanford Levinson
Volume 2: Judicial Politics
Introduction
14. Decision-Making in a Democracy: The Supreme Court as a National Policy-Maker
Robert A. Dahl
15. The Supreme Court and the Attitudinal Model Revisited
Jeffrey A. Segal and Harold J. Spaeth
16. What Do Judges and Justices Maximize? (The Same Thing Everybody Else Does)
Richard A. Posner
17. Elements of Judicial Strategy
Walter F. Murphy
18. Informative Precedent and Intrajudicial Communication
Ethan Bueno De Mesquita and Matthew C. Stephenson
19. Strategic Auditing in a Political Hierarchy: An Informational Model of the Supreme Court's Certiorari Decisions
Charles M. Cameron, Jeffrey A. Segal, and Donald R. Songer
20. Organized Interests and Agenda Setting in the U.S. Supreme Court
Gregory A. Caldeira and John R. Wright
21. The Nonmajoritarian Difficulty: Legislative Deference to the Judiciary
Mark A. Graber
22. How Political Parties Can Use Courts to Advance Their Agendas: Federal Courts in the United States, 1875-1891
Howard Gillman
23. Legislative-Judicial Relations: A Game Theoretic Approach to Constitutional Review
Georg Vanberg
24. The Separation of Powers, Court Curbing, and Judicial Legitimacy
Tom S. Clark
25. Congressional Influence on Bureaucracy
John A. Ferejohn and Charles R. Shipan
26. A Spatial Model of Roll Call Voting: Senators, Constituents, Presidents, and Interest Groups in Supreme Court Confirmations
Jeffrey A. Segal, Charles M. Cameron, and Albert D. Cover
27. Republican Schoolmaster: The U.S. Supreme Court, Public Opinion and Abortion
Charles H. Franklin and Liane C. Kosaki
28. The Least Dangerous Branch Revisited: New Evidence on Supreme Court Responsiveness to Public Preferences
Kevin T. McGuire and James A. Stimson
29. Accountability and Coercion: Is Justice Blind When It Runs for Office?
Gregory A. Huber and Sanford Gordon
Volume 3: Law and Society
Introduction
30. Whigs and Hunters
E.P. Thompson
31. The People's Welfare
William J. Novak
32. Adversarial Legalism and American Government
Robert A. Kagan
33. The Problem of Social Cost
Ronald H. Coase
34. Subversive Stories and Hegemonic Tales: Toward a Sociology of Narrative
Patricia Ewick and Susan S. Silbey
35. Legal Ambiguity and Symbolic Structures: Organizational Mediation of Civil Rights Law
Lauren Beth Edelman
36. The Emergence and Transformation of Disputes: Naming, Blaming and Claiming
William L.F. Felstiner, Richard L. Abel, and Austin Sarat
37. Why the "Haves" Come Out Ahead: Speculations on the Limits of Legal Change
Marc Galanter
38. The Hollow Hope
Gerald N. Rosenberg
39. Acting When Elected Officials Won't: Federal Courts and Civil Rights Enforcement in U.S. Labor Unions, 1935-85
Paul Frymer
40. Why Do We Punish? Deterrence and Just Deserts as Motives for Punishment
Kevin M. Carlsmith, John M. Darley, and Paul H. Robinson
41. The Culture of High Crime Societies
David Garland
42. The Role of Procedural Justice and Legitimacy in Shaping Public Support for Policing
Jason Sunshine and Tom R. Tyler
43. Distorting the Law
William Haltom and Michael W. McCann
Volume 4: Comparative and International Issues
Introduction
44. Courts
Martin Shapiro
45. The Puzzling (In)dependence of Courts: A Comparative Approach
J. Mark Ramseyer
46. Judicial Independence in Unstable Environments, Argentina 1935-1998
Matias Iaryczower, Pablo T. Spiller, and Mariano Tommasi
47. On the Legitimacy of National High Courts
James L. Gibson, Gregory A. Caldeira, and Venessa A. Baird
48. Constitutional Courts vs. Religious Fundamentalism: Three Middle Eastern Tales
Ran Hirschl
49. Constitutions and Commitments: The Evolution of Institutions Governing Public Choice in Seventeenth-Century England
Douglass C. North and Barry R. Weingast
50. Judicial Checks and Balances
Rafael La Porta, Florencio Lopez-de-Silanes, Cristian Pop-Eleches, and Andrei Schleifer
51. The Colonial Origins of Comparative Development: An Empirical Investigation
Daron Acemoglu, Simon Johnson, and James A. Robinson
52. Presidents and Assemblies
Matthew Soberg Shugart and John M. Carey
53. The Endurance of National Constitutions
Zachary Elkins, Tom Ginsburg, and James Melton
54. Globalization in Search of Justification: Toward a Theory of Comparative Constitutional Interpretation
Sujit Choudhry
55. The Origins of Human Rights Regimes: Democratic Delegation in Postwar Europe
Andrew Moravcsik
56. International Law and State Behavior: Commitment and Compliance in International Monetary Affairs
Beth A. Simmons
57. Hard and Soft Law in International Governance
Kenneth W. Abbott and Duncan Snidal
December 2012
1600 pages, cloth
ISBN: 978-0-415-68035-6
$1275.00 (cl)