Overview
- Offers a philosophical realist approach to judges and adjudication in contemporary constitutional democracies
- Provides a clear picture of contemporary legal realism
- Contains critical contributions on contemporary legal realism
Part of the book series: Law and Philosophy Library (LAPS, volume 135)
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Table of contents (9 chapters)
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Front Matter
Keywords
About this book
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.
Editors and Affiliations
About the editors
Pierluigi Chiassoni is Professor of Jurisprudence at the University of Genova School of Law and a permanent fellow of Tarello Institute for Legal Philosophy. His jurisprudential interests span from economic analysis of law to legal interpretation and human rights. His main publications include Positivismo giuridico. Una investigazione analitica (Mucchi Editore, 2013), Tecnica dell’interpretazione giuridica (il Mulino, 2007), El discreto placer del positivismo jurídico (Externado de Colombia, 2016), La tradición analítica en la filosofia del derecho. De Bentham a Kelsen (Palestra, 2017), Ensayos de metajurisprudencia analítica (Olejnik, 2017), Interpretation without Truth (Springer, 2019).
Bojan Spaić is Assistant Professor of Jurisprudence at the University of Belgrade Faculty of Law and Alexander von Humboldt Research Fellow on the Institute for Public Law, Constitutional Law and Legal Philosophy of the University of Heidelberg. Spaić has edited books in English and in Serbian including: Jurisprudence and Political Philosophy in the 21st Century: Reassessing Legacies (with Miodrag Jovanović, published by Peter Lang, 2012), Fundamental Rights: Justification and Interpretation (with Kenneth Einar Himma, Eleven international Publishing, 2016), Unpacking Normativity: Conceptual, Normative and Descriptive Issues (with Kenneth Einar Himma and Miodrag Jovanović, Hart Publishing, 2018). He published three books in Serbian and papers in Serbian and English regarding legal interpretation, ontological and methodological hermeneutics, pragmatism.
Bibliographic Information
Book Title: Judges and Adjudication in Constitutional Democracies: A View from Legal Realism
Editors: Pierluigi Chiassoni, Bojan Spaić
Series Title: Law and Philosophy Library
DOI: https://doi.org/10.1007/978-3-030-58186-2
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2021
Hardcover ISBN: 978-3-030-58185-5Published: 12 December 2020
Softcover ISBN: 978-3-030-58188-6Published: 13 December 2021
eBook ISBN: 978-3-030-58186-2Published: 11 December 2020
Series ISSN: 1572-4395
Series E-ISSN: 2215-0315
Edition Number: 1
Number of Pages: VIII, 199
Number of Illustrations: 1 b/w illustrations
Topics: Theories of Law, Philosophy of Law, Legal History, Philosophy of Law, Constitutional Law