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Analytical jurisprudence is a legal theory that uses analytical reasoning and objective decision-making to interpret the law. An adherent to analytical jurisprudence would consider a judge to be nothing more than a machine, deciding cases based on strict analytical reasoning, especially with regard to stare decisis, or precedent. The judge is also required to remove all political and personal influence over his or her decision and remain purely objective. This theory is strictly opposed to Political jurisprudence, which allows a judge to decide cases based on political and personal beliefs and other subjective influences.

Further reading


  • Political Jurisprudence by Martin Shapiro; Kentucky Law Journal, 52 (1964), 294.
  • "On Law, Politics, and Judicialization" by Martin Shapiro and Alec Stone Sweet; Oxford University Press 2002.

Law

 

This article is licensed under the GNU Free Documentation License. It uses material from the "Analytical jurisprudence".

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