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

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

Author
Pierluigi Chiassoni, Bojan Spaić
Publisher
Springer
Language
English
Year
2020
Page
199
ISBN
3030581853,9783030581855
File Type
pdf
File Size
2.4 MiB

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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