Political Jurisprudence

Definition of Political Jurisprudence

Note: See a more comprehensive approach to the Political Jurisprudence legal concept in the American Law Encyclopedia

An approach to the study of law and courts that features the political character of judicial processes. Political jurisprudence is a conceptualization of law with its roots in legal realism generally and sociological jurisprudence more specifically. The political approach emerged in the 1940s in an attempt to produce theory that could explain the Supreme Court decisions rendered in the wake of President Franklin Roosevelt's plan to “pack” the Court. Political jurisprudence generally embraced the realist positions but recast them in political terms. The human element, it argues, is key. Judges do not mechanically apply abstract legal norms, but rather are influenced by their individual views of justice. As a consequence, law and legal processes must be examined in a political context.

Resources