- Copyright Page
- How Should Votes Be Cast and Counted?
- Voters and Representatives: How Should Representatives Be Selected?
- Divided Government: The King and the Council
- Executive Veto Power and Constitutional Design
- Politics and the Legal System
- Constitutional Review
- Institutions for Amending Constitutions
- Constitutional Transition
- Electoral Systems in the Making
- Choosing Voting Rules in the European Union
- Leviathan, Taxation, and Public Goods
- Fiscal Powers Revisited: The Leviathan Model After 40 Years
- Are There Types of Dictatorship?
- Are There Really Dictatorships?: The Selectorate and Authoritarian Governance
- The Coup: Competition for Office in Authoritarian Regimes
- The Logic of Revolutions: Rational Choice Perspectives
- Direct Democracy and Public Policy
- Policy Differences Among Parliamentary and Presidential Systems
- The Significance of Political Parties
- The Least Dangerous Branch?: Public Choice, Constitutional Courts, and Democratic Governance
- Challenges in Estimating the Effects of Constitutional Design on Public Policy
- The Political Economy of Taxation: Power, Structure, Redistribution
- The Politics of Central Bank Independence
- The Political Economy of Redistribution Policy
- Political Participation and the Welfare State
- Institutions for Solving Commons Problems: Lessons and Implications for Institutional Design
- Rational Ignorance and Public Choice
- Is Government Growth Inevitable?
- The Political Economy of International Organizations
- The Politics of International Trade
- Politics, Direct Investment, Public Debt Markets, and the Shadow Economy: What Do We (Not) Know?
- The Politics of International Aid
- Is Democracy Exportable?
- Ancient Greece: Democracy and Autocracy
- Christian History and Public Choice
- Voting at the U.S. Constitutional Convention
- Precursors to Public Choice
- Estimates of the Spatial Voting Model
- The Dimensionality of Parliamentary Voting
- Voting and Popularity
- Detection of Election Fraud
- Experimental Public Choice: Elections
- Experimental Evidence on Expressive Voting
Abstract and Keywords
The title of the chapter, “Politics and the Legal System,” might conjure up images of judges logrolling, credit claiming, vote buying, and redirecting blame—in other words, judges acting as politicians. But the literature on judicial behavior almost never characterizes judges as “politicians in robes.” Rather, it treats “politics,” or more precisely “policy preferences,” as an important motivating force, such that a major goal of all judges is to see the law reflect their preferred policy positions. The authors follow suit, describing the role of policy preferences in studies of judging, as well as the approaches scholars have proposed to measure them. The chapter ends with a discussion of whether policy preferences should remain a focal point of research on judging. Believing that the answer is (an equivocal) no, the authors propose new avenues for research.
Lee Epstein is Ethan A.H. Shepley Distinguished University Professor at Washington University in St. Louis.
Andrew D. Martin is Professor of Political Science and Statistics at the University of Michigan.
Kevin Quinn is Professor of Law at University of California, Berkeley.
Jeffrey A. Segal is SUNY Distinguished Professor at Stony Brook University.
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