Political Jurisprudence

Political Jurisprudence in the United States

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).

Analysis and Relevance

Political jurisprudence developed, logically enough, from within the discipline of political science, a discipline heavily grounded in law and legal doctrine. After the turn of the century, many political scientists began to subscribe to the thinking of the legal realists. For some, however, the theories of the realists were not quite adequate. This inadequacy was underscored in the events of the 1930s. President Roosevelt attempted to transform his mandate from the 1932 election by establishing public policy aimed at economic recovery. His initiatives were largely stymied by the Supreme Court’s narrow interpretations of federal authority, especially the taxing and commerce powers. Roosevelt was returned to office in 1936 and immediately sought to enlarge the Supreme Court. It was a thinly veiled attempt to “pack” enough justices onto the Court to ensure a favorable response to the hamstrung New Deal proposals. The plan had no real chance of adoption by Congress, but it seemed to drive the swing votes on the Court to Roosevelt’s position. Although the membership on the Court did not change, after the “packing” proposal the Court changed its positions on the pivotal constitutional law issues associated with the New Deal. The approach known as political jurisprudence was developed to explain such outcomes. Political jurisprudence would later splinter, with a portion of its number becoming judicial behaviorists. Notwithstanding, most contemporary research on the courts appears to be a product of those holding the political jurisprudential view.

Notes and References

  1. Definition of Political Jurisprudence from the American Law Dictionary, 1991, California

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