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Political jurisprudence is a legal theory that some judicial decisions are best understood as part of a political process, with judges operating as political actors.That is, judges are sometimes influenced by public opinion, political activists, and government officials, and their work can be understood as a way of legitimizing and institutionalizing the preferences of these political actors.
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law.
The sociology of law, legal sociology, or law and society is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. [1] Some see sociology of law as belonging "necessarily" to the field of sociology, [2] but others tend to consider it a field of research caught up between the disciplines of law and sociology. [3]
Political law (or political activity law [1]) is an established legal practice area encompassing the intersection of politics and law.Political law comprises election law, voting rights law, campaign finance law, laws governing lobbying and lobbyists, open government laws, legislative and executive branch ethics codes, legislative procedure, administrative procedure, constitutional law, and ...
Law, Legislation and Liberty is a book by Hayek that was written from 1963 to 1978. It offers a diagnosis of the problems facing classical liberal social order and suggests alternatives. The book includes critiques of legal positivism, interest-group politics, and the pursuit of social justice. Hayek argues that the pursuit of social justice ...
The ancient concept of rule of law can be distinguished from rule by law, according to political science professor Li Shuguang: "The difference ... is that, under the rule of law, the law is preeminent and can serve as a check against the abuse of power. Under rule by law, the law is a mere tool for a government, that suppresses in a legalistic ...
In politics and law, liberal legalism is a belief that politics should be constrained by legal constitutional boundaries. [1] Liberal legalism has also been called legal constitutionalism, as found in United States and Germany, as opposed to political constitutionalism, which is more typical of Britain, by British constitutional scholar Adam Tomkins.