Judges and adjudication in constitutional democracies : a view from legal realism / edited by Pierluigi Chiassoni, Bojan Spaic.

Format:

Book

Contributor:

Spaić, Bojan, editor.

Chiassoni, Pierluigi, editor.

Series:

Law and Philosophy Library Volume 135 991029629129705501

Law and Philosophy Library Volume 135

Language:

English

Subjects (All):

Judicial process--Philosophy.

Judicial process.

Judges.

Law--Interpretation and construction.

Law.

Physical Description:

VIII, 199 Seiten

Place of Publication:

Cham, Switzerland : Springer, [2021]

Summary:

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.

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.

Notes:

Description based on print version record.

ISBN:

3-030-58186-1