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This volume offers different perspectives on judicial practice in
the European and American contexts, both arguably characterized in
the last decades by the emergence of novel normative and even
policy arguments by judges. The central question deserving the
attention of the contributors concerns the degree in which judicial
exercises in practical reasoning may amount to forms of judicial
usurpation of the legislative function by courts. Since different
views as to the nature and scope of legal reasoning lead to
different degrees of tolerance regarding what should be admissible
to courts, that same nature and scope is thoroughly debated. The
main disciplinary approach is that of general jurisprudence, but
the contributions take stock of other disciplines in which judicial
activism has been addressed, namely positive theories of judicial
behavior. Accordingly, the book also explores the development of
interdisciplinary dialogue about the theme.
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