Riccardo Guastini

Judicial creationism?

  • Abstract

Informations and abstract

Keywords: Luigi Ferrajoli – Judicial law-making – Judicial discretion – Interpretation – Construction – Principles.

Do judges create new law? The author discusses two views held by the outstanding Italian legal philosopher Luigi Ferrajoli: the empirical thesis that, as a matter of fact, judges do not create new law and the normative thesis that, at any rate, they should not.

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