The rule of law paradigm in a changing landscape -- The changing academic understanding of American courts -- The rule of law paradigm's popular antecedents -- The legal culture paradigm -- Conceptualizing the dimensions of judicial oversight -- Explanations and prescriptions -- Conclusion
Summary
The rule of law paradigm has long operated on the premise that independent judges disregard extralegal influences and impartially uphold the law. A political transformation several generations in the making, however, has imperiled this premise. Social science learning, the lessons of which have been widely internalized by court critics and the general public, has shown that judicial decision-making is subject to ideological and other extralegal influences. In recent decades, challenges to the assumptions underlying the rule of law paradigm have proliferated across a growing array of venues, as critics agitate for greater political control of judges and courts. With the future of the rule of law paradigm in jeopardy, this book proposes a new way of looking at how judicial decision-making should be conceptualized and regulated
Bibliography
Includes bibliographical references and index
Notes
Online resource; title from PDF title page (EBSCO, viewed December 11, 2015)
