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

Administrative / Constitutional Law

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

Edited by Pierluigi Chiassoni · Bojan Spaić
Springer-Verlag December 2021

Specifications

ISBN-13
9783030581886
Publisher
Springer-Verlag
Publication
December 2021
Format
Paperback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

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.

Table of Contents

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
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