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Judicial Activism: An Interdisciplinary Approach to the American and European Experiences

Judicial Activism: An Interdisciplinary Approach to the American and European Experiences

Author: Luis Pereira Coutinho; Massimo La Torre; Steven Smith
Publisher: Springer-Verlag
ISBN: 9783319185484
Published In: June 2015
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.

Introduction

Section I Judicial Activism, Legal Reasoning And The Concept Of Law

Between Nightmare and Noble Dream: Judicial Activism and Legal Theory

Massimo La Torre

Judicial Activism: Clearing the Air and the Head

Lawrence Alexander

Judicial Activism and "Reason"

Steven D. Smith

Judicial Activism and Fidelity to Law

Goncalo de Almeida Ribeiro

Adjudication as Grammatication: The Case of French Judicial Politics

Pierre Legrand