Publication year: 2021
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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, 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, 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.
Subject: Law and Criminology, Legal realism, Legal adjudication, Judicial reasoning, Constitutional democracies, Legal interpretation, Judicial discretion, Rule of law, Constitutional state, Judicial activism, Judicial self-restraint, Theories of Law, Philosophy of Law, Legal History, Philosophy of Law, Constitutional Law