Facing Judicial Discretion PDF ePub eBook

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Facing Judicial Discretion free pdf This book addresses the classical but nonetheless still controversial question of what the role is of judicial discretion in adjudication. Its main purpose is to discuss the philosophical and epistemic foundations of two different legal theories: Hartian positivism and Dworkin's interpretivism. Bearing in mind the debate between realism and antirealism, the author shows how Hartian positivism faces serious difficulties to avoid global skepticism, and the problem of rule-following by simply connecting legal determinacy with the existence of settled conventions.In contrast, it is argued that Dworkin's interpretive theory can overcome skepticism by connecting legal determinacy with the idea of the best interpretation, and by rejecting externalism. With a view to justifying this claim, the author presents a reconstruction of Dworkin's philosophical position, which developed along the lines of Putnam's internal realism and Rawls' reflective equilibrium. This book will be of interest to legal theorists, lawyers, judges, and philosophers.

About Marisa Iglesias Vila

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Details Book

Author : Marisa Iglesias Vila
Publisher : Kluwer Academic Publishers
Data Published : 01 February 2001
ISBN : 0792367782
EAN : 9780792367789
Format Book : PDF, Epub, DOCx, TXT
Number of Pages : 248 pages
Age + : 15 years
Language : English
Rating :

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