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

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The Roles of Judges in Democracies: A Realistic View,t democracy demands that we recognize that electoral outcomes are largely, though not entirely, unrelated to concrete policy choices by elected representatives or to the policy preferences of voters, who typically follow their party based on “tribal” loyalties. The latter fact renders irrelevant the

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On the (Un)Changing Judge Icons and Their Creators: On Deborah, Coke and Montesquieu, Posner and Ba the role of a judge in the society has remained the same since the dawn of time, or at least the birth of law and state, i.e. from the creation of courts and judges. Or does the role of judge perhaps differ from premodern to modern age? And if it does differ, are those differences negligible or imp

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An Exercise in Legal Realism,legal realism and legal positivism; (2) the concept of validity; (3) the theory of interpretation; (4) the ontology of law; (5) the epistemology of legal cognition; (6) the nature of the so-called rule of recognition; (7) the concept of obligation.

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Rule(s) of Recognition and Canons of Interpretation,that this, therefore, means that canons of interpretation are also part of these criteria. Such a view then faces the problem of theoretical disagreements that call into question the rule of recognition itself and legal positivistic accounts of law. The paper argues that the rule of recognition sets

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Legal Realism and Legal Doctrine, cannot, constrain judges from using existing legal materials to reach virtually any outcome they want. As such, doctrine only serves to hides and obfuscate what is better discussed openly. The purpose of this essay is to complicate this familiar story. I focus on one contemporary take on legal real

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