ENGLISH

Judges and Adjudication in Constitutional Democracies: A View from Legal Realism

By Pierluigi Chiassoni , Bojan Spaić

Book information

Publisher
Springer
Year
2020
ISBN
3030581853, 9783030581855
Language
english
Format
PDF
Filesize
2 MB (2544813 bytes)
Series
Law and Philosophy Library, 135
Pages
199\204
Time added
2020-12-15 23:25:59

Description

The book offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, the book purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, the book also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.

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