Titlebook: Judges and Adjudication in Constitutional Democracies: A View from Legal Realism; Pierluigi Chiassoni,Bojan Spaić Book 2021 Springer Natur

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Book 2021, 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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The Roles of Judges in Democracies: A Realistic View,f the central functions of a legal system in any society. That means it is impossible to discuss the “obligations” of judges without regard to their actual moral and political views, as well as the moral and political ends we believe ought to be achieved.

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Legal Realism and Legal Doctrine,likely that such a view would improve the law’s determinacy, and that it is likely to have undesirable consequences. I then propose an alternative, which I trace to work by some of the legal realists. This approach gives a clear role to legal doctrine and, so I argue, is normatively more appealing than the view that minimizes the role of doctrine.

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Epistemic Authority and Legal Interpretation,that (2) the proper way to understand these authorities is by employing the concept of institutional control of legal interpretation. The analysis substantiates the conclusion that authority is a key component of understanding judicial interpretation as a volitive or stipulative enterprise, without implications of arbitrariness.

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Book 2021ging 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 outlo

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Rule(s) of Recognition and Canons of Interpretation,ources of law) and legal norms (as meanings of legal texts) can help explain why the rule of recognition might still be conceived as a conventional rule based on the convergent practice of officials and the fact that officials sometimes disagree about the correct interpretation of legal texts.

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