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The Oxford Handbook of Law and Politics
Whittington, Keith E., William Nelson Cromwell Professor of Politics, Princeton University
Kelemen, R. Daniel, Associate Professor of Political Science, Rutgers University
Caldeira, Gregory A., Professor of Political Science , Ohio State University
Print publication date: 2008 (this edition) Print ISBN-13: 978-0-19-920842-5
Published to Oxford Handbooks Online: September 2009




4 Historical Institutionalism and the Study of Law
doi:10.1093/oxfordhb/9780199208425.003.0004

Rogers M. Smith
Abstract: The Emergence of Historical Institutionalism – Theorizing Historical Institutionalism – Historical Institutionalism and Public Law Today – Public Law and Historical Institutionalism Tomorrow

Keywords: historical institutionalism, law, politics,

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Rogers M. Smith is Christopher H. Browne Distinguished Professor of Political Science at the University of Pennsylvania.

 
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Contents
 
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Full Book Contents
I Introduction
1 The Study of Law and Politics*
II Approaches
2 Judicial Behavior*
3 Strategic Judicial Decision-making
4 Historical Institutionalism and the Study of Law
III Comparative Judicial Politics
5 The Rule of Law and Courts in Democratizing Regimes
6 The Global Spread of Constitutional Review
7 Establishing and Maintaining Judicial Independence
8 The Judicialization of Politics
9 Comparative Federalism and the Role of the Judiciary*
10 Legal and Extralegal Emergencies
IV International and Supranational Law
11 International Law and International Relations
12 The European Court and Legal Integration: An Exceptional Story or Harbinger of the Future?
13 War Crimes Tribunals
14 The Globalization of the Law
V Forms of Legal Order
15 Civil Law and Common Law: Toward Convergence?
16 Constitutionalism
17 Constitutional Law and American Politics
18 The Legal Structure of Democracy
19 Administrative Law*
20 Legislation and Statutory Interpretation
21 Informalism as a Form of Legal Ordering
VI Sources of Law and Theories of Jurisprudence
22 Natural Law
23 Rights in Legal and Political Philosophy
24 Formalism: Legal, Constitutional, Judicial
25 Feminist Theory and the Law
26 The Racial Subject in Legal Theory
VII The American Judicial Context
27 Filling the Bench
28 The U.S. Supreme Court
29 Relations among Courts
30 Litigation and Legal Mobilization
31 Legal Profession
VIII The Political and Policy Environment of Courts in the United States
32 Judicial Independence
33 Law and Regulation
34 Law as an Instrument of Social Reform
35 Criminal Justice and the Police
36 Law and Political Ideologies
37 Courts and the Politics of Partisan Coalitions*
38 Understanding Regime Change: Public Opinion, Legitimacy, and Legal Consciousness
IX Interdisciplinary Approaches to Law and Politics
39 Law and Society
40 The Analysis of Courts in the Economic Analysis of Law
41 Psychology and the Law
42 Law and History
X Old and New
43 The Path of the Law in Political Science: De-centering Legality from Olden Times to the Day before Yesterday
44 Reflections about Judicial Politics
45 Law and Politics: The Problem of Boundaries
Index
 
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