Riccardo Guastini

Judicial creationism?

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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.


  • Luigi Ferrajoli –
  • Judicial law-making –
  • Judicial discretion –
  • Interpretation –
  • Construction –
  • Principles


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