Rule(s) of Recognition and Canons of Interpretation

It is sometimes claimed (in Anglo-American jurisprudential literature) that the rule of recognition sets the criteria for identifying legal norms and that this, therefore, means that canons of interpretation are also part of these criteria. Such a view th

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Pierluigi Chiassoni Bojan Spaić  Editors

Judges and Adjudication in Constitutional Democracies: A View from Legal Realism

Law and Philosophy Library Volume 135

Series Editors Francisco J. Laporta, Autonomous University of Madrid, Madrid, Spain Frederick Schauer, University of Virginia, Charlottesville, VA, USA Torben Spaak, Stockholm University, Stockholm, Sweden Editorial Board Members Aulis Aarnio, Secretary General of the Tampere Club, Tampere, Finland Humberto Ávila, University of São Paulo, São Paulo, Brazil Zenon Bankowski, University of Edinburgh, Edinburgh, UK Paolo Comanducci, University of Genoa, Genova, Italy Hugh Corder, University of Cape Town, Cape Town, South Africa David Dyzenhaus, University of Toronto, Toronto, Canada Ernesto Garzón Valdés, Johannes Gutenberg University, Mainz, Germany Riccaro Guastini, University of Genoa, Genova, Italy Ho Hock Lai, National University of Singapore, Singapore, Singapore John Kleinig, City University of New York, New York City, NY, USA Claudio Michelon, University of Edinburgh, Edinburgh, UK Patricia Mindus, Uppsala University, Uppsala, Sweden Yasutomo Morigiwa, Meiji University, Tokyo, Japan Giovanni Battista Ratti, University of Genoa, Genova, Italy Wojchiech Sadurski, University of Sydney, Sydney, Australia Horacio Spector, University of San Diego, San Diego, USA Michel Troper, Paris Nanterre University, Nanterre, France Carl Wellman, Washington University, St. Louis, USA

The Law and Philosophy Library, which has been in existence since 1985, aims to publish cutting edge works in the philosophy of law, and has a special history of publishing books that focus on legal reasoning and argumentation, including those that may involve somewhat formal methodologies. The series has published numerous important books on law and logic, law and artificial intelligence, law and language, and law and rhetoric. While continuing to stress these areas, the series has more recently expanded to include books on the intersection between law and the Continental philosophical tradition, consistent with the traditional openness of the series to books in the Continental jurisprudential tradition. The series is proud of the geographic diversity of its authors, and many have come from Latin America, Spain, Italy, the Netherlands, Germany, and Eastern Europe, as well, more obviously for an English-language series, from the United Kingdom, the United States, Australia and Canada.

More information about this series at http://www.springer.com/series/6210

Pierluigi Chiassoni • Bojan Spaić Editors

Judges and Adjudication in Constitutional Democracies: A View from Legal Realism

Editors Pierluigi Chiassoni University of Genova Genova, Italy

Bojan Spaić University of Belgrade Belgrade, Serbia

ISSN 1572-4395 ISSN 2215-0315 (electronic) Law and Philosophy Library ISBN 978-3-030-58185-5 ISBN 978-3-030-58186-2 (eBook) https://doi.org/10.1007/978-3-030-58186-2 © Springer Nature Switzerland AG 2021 This work is subject to copyright. All rights are reserved by the Publisher, whether the wh