Search the Issue Archive

TitleIntroduction: Positive Political Theory and Law
Author(s)David S. Law
First Page1
AbstractThe contributions to this volume exemplify the intellectual breadth and methodological heterogeneity that increasingly define PPTL. Some fall within the well-established PPTL tradition of descriptive scholarship that seeks to extend our understanding of decisionmaking by Congress, the President, courts and agencies. Scholarship in this vein is often unified by a shared concern with recurring and important questions about the nature and extent of judicial independence and judicial power: what does it mean for a court to be independent or powerful, for example, and under what conditions do courts enjoy these qualities? Other work in this volume employs the tools and insights of PPTL to undertake a critical examination of the premises underlying a range of normative arguments about political and legal institutions.