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

Record Type:	Language materials, printed : Monograph/item
Title/Author:	Judges and Adjudication in Constitutional Democracies: A View from Legal Realism/ edited by Pierluigi Chiassoni, Bojan Spaić.
other author:	Chiassoni, Pierluigi.
Description:	VIII, 199 p. 1 illus.online resource. :
Contained By:	Springer Nature eBook
Subject:	Law—Philosophy. -
Online resource:	https://doi.org/10.1007/978-3-030-58186-2
ISBN:	9783030581862

Judges and Adjudication in Constitutional Democracies: A View from Legal Realism
Judges and Adjudication in Constitutional Democracies: A View from Legal Realism[electronic resource] /edited by Pierluigi Chiassoni, Bojan Spaić. - 1st ed. 2021. - VIII, 199 p. 1 illus.online resource. - Law and Philosophy Library,1352215-0315 ;. - Law and Philosophy Library,111.

Part I Judicial Interpretation in Constitutional Democracies -- The Roles of Judges in Democracies: A Realistic View -- Is Realism at Odds with Constitutional Democracy? -- Judicial Supremacy as a Qualified Epistocratic Constraint on Democratic Rule -- Legal Identity of Judge Transformed: Images of Judge in Early Modern and Contemporary Democracy -- Part II Realist Jurisprudence (Re)Defined -- An Exercise in Legal Realism -- A Causal View of Judicial Interpretation -- Rule of Recognition and Methods of Interpretation -- Legal Interpretation and Epistemic Authority -- On the Distinction between Judicial Activism and Self-Restraint -- Part III Challenges to a Realist Jurisprudence -- Legal Realism as a Philosophy of Legal Doctrine -- On the Fundamental Distinction between Motives and Interpretation and the Consequences of Their Confusion – The Case for Strict Legal Scholarship -- A Critical Evaluation of (Moderate) Realism in Law.

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.

ISBN: 9783030581862

Standard No.: 10.1007/978-3-030-58186-2doiSubjects--Topical Terms:

1253604
Law—Philosophy.

LC Class. No.: K201-487

Dewey Class. No.: 340.1

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