On Politics and Law: Recovering the Pritchett Synthesis

Abstract

C. Herman Pritchett saw politics in law without losing the sense that law was not simply politics. This synthesis from the 1940s was lost in the last half of the 20th century and it deserves to be brought back. While denial that politics matters is a staple of Supreme Court confirmation hearings, this position is no longer credible. In constitutional law in particular, politics has pushed law aside in the minds of scholars, journalists, and many Americans. This makes it hard to find a place for law in the study of the Supreme Court. This chapter advocates a return to the balance that was in place over 50 years ago when we were first taught that Supreme Court decisions were political.

Citation

Brigham, J. (2012), "On Politics and Law: Recovering the Pritchett Synthesis", Sarat, A. (Ed.) Special Issue: The Discourse of Judging (Studies in Law, Politics, and Society, Vol. 58), Emerald Group Publishing Limited, Leeds, pp. 29-44. https://doi.org/10.1108/S1059-4337(2012)0000058005