Theorizing Disagreement: Reconceiving the Relationship Between Law and Politics (original) (raw)

The paper explores the intricate relationship between law and politics, particularly through the lens of Philip P. Frickey's advocacy for a legal culture that embraces the complex interplay between judicial craft and political context. It discusses the limitations of legal formalism and presents the avoidance canon as a judicial tool that reflects this interdependence, highlighting its role in navigating constitutional questions while maintaining core democratic values. Ultimately, it argues that the rule of law and judicial practices are dynamic constructs shaped by social and political contexts.