An Analysis of Judicial Socialization through Network Theory
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Date
2016-06
Authors
Wolfard, Rachel Gimre
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon
Abstract
There are two emerging theories that model the exercise of political power in the field
of political science. The application of each stand in complete opposition to one
another, which signifies that only one of the two models may be applied in a single
study. The disciplinary model of power is a more appropriate political power theory
than the dimensional model to locate and evaluate the exercise of power within the
United States legal system, assuming the judiciary intends to fulfill its Constitutionally
prescribed role to interpret and declare the law without corruption. The disciplinary
model of power is adapted in this thesis to focus on the exercise of power between
individuals throughout the judicial network and how that exercise of power can yield a
large-scale socialization effect This analysis is perfonned though the application of
network theory in order to investigate how the structure of the judicial system pennits
the exercise of disciplinary power. The exercise of disciplinary power within the
judicial network leads to the interpretation and declaration of law. This jurispmdence
influences how citizens internalize the information that dictates subconscious decisionmaking
and action, which can be defined as socialization.
Description
101 pages. A thesis presented to the Department of Political Science and the Clark Honors College of the University of Oregon in partial fulfillment of the requirements for degree of Bachelor of Arts, Spring 2016.
Keywords
Political Power Theory, Constitutional Law, Discipline Power Theory, Socialization Theory, Network Theory, Federal Judicial System, Griswold v. Connecticut, Whole Women's Health v. Hellerstedt