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.
See Also
Behavioral Jurisprudence (Judicial Function) Jurisprudence (Judicial Function) Legal Realism (Judicial Function) Sociological Jurisprudence (Judicial Function).
Resources
Political Jurisprudence Related Resources
- Political Jurisprudence in the United States Legal Encyclopedia
- Judicial Function Keywords in the United States Legal Encyclopedia
- Judicial Function Keywords in the International Legal Dictionary
Notes
- “Political Jurisprudence”, The American Law Dictionary, 1991, California
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