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Political jurisprudence
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Political jurisprudence : ウィキペディア英語版
Political jurisprudence
Political jurisprudence is a legal theory that some judicial decisions are motivated more by politics than by unbiased judgment. According to Professor Martin Shapiro of University of California, Berkeley, who first noted the theory in 1964: "The core of political jurisprudence is a vision of courts as political agencies and judges as political actors." Legal decisions are no longer focused on a judge's analytical analysis (as in Analytical jurisprudence), but rather it is the judges themselves that become the focus for determining how the decision was reached. Political jurisprudence advocates that judges are not machines but are influenced and swayed by the political system and by their own personal beliefs of how the law ''should'' be decided. That is not to say necessarily that judges ''arbitrarily'' make decisions they personally feel should be right without regard to stare decisis. Instead they are making decisions based on their political, legal, and personal beliefs ''as it relates'' to the law. Deeply, and with more implication for the society, the decisions of the judges is not only modified from the politics, but modify itself the politics and the process of law making in a so influent way, that we can say that the policy-making is "judicialized".〔Stone Sweet, Alec. "Governing with Judges". Oxford University Press, 2000, 1.〕
==See also==

*Jurisprudence
*Alec Stone Sweet

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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