政治法学 (Political Jurisprudence)是一个法律理论，由加州大学伯克利分校的法律学者Martin Shapiro提出，就是有时候法官的判决是基于政治原因而不一定是最公正的，法院是政治机构而法官是政客。法官不再如机器般运用案例，而是受到当其时的政治制度和他们自己的政治信仰影响下作出裁决。至于法官可不可以这样判案，有三个最重要的反对论点：首先，法官不是由民主选举产生的，他们的意愿未必反映了广大市民的意愿，第二，法官通常接受过正式的法律培训，并曾担任律师，他们的人生经验主要是通过诉讼取得，他们未必有足够的政治智能，在适当的时候作出恰当的决定；最后，政治上的决定，通常会被视为亲政府，和忽视了社会上少数人的权利。

Political jurisprudence is a legal theory that some judicial decisions are motivated more by politics than by unbiased judgment. According to Professor Martin Shapiro of University of California, Berkeley, who first noted the theory in 1964: "The core of political jurisprudence is a vision of courts as political agencies and judges as political actors." Legal decisions are no longer focused on a judge's analytical analysis (as in Analytical jurisprudence), but rather it is the judges themselves that become the focus for determining how the decision was reached. Political jurisprudence advocates that judges are not machines but are influenced and swayed by the political system and by their own personal beliefs of how the law should be decided. That is not to say necessarily that judges arbitrarily make decisions they personally feel should be right without regard to stare decisis. Instead they are making decisions based on their political, legal, and personal beliefs as it relates to the law. Deeply, and with more implication for the society, the decisions of the judges is not only modified from the politics, but modify itself the politics and the process of law making in a so influent way, that we can say that the policy-making is "judicialized".