Article | Theoretical Issues of the Neorealist Approach to Law:About the Theory of Interpretation by Michel Troper and His Debates withOtto Pfersmann |
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Authors |
Antonov M.
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Name of magazine | Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language) |
Issue | 1-2 / 2014 |
Pages | 91 - 99 |
Annotation | In the present article the author examines the basic theses andmethodological postulates of the neorealist theory by a contemporary French legaltheoretician and constitutionalist Michel Troper. The author stresses actuality of thistheory for better understanding of approaches which are developed in the contemporarylegal science conserning nature of interpretation of law, the role a judge plays ininterpretation and the limits of his liberty therein. Examination of the neorealist theory isfollowed by a short analysis of the debates between Michel Troper and anotheroutstanding French legal scholar of our days, Otto Pfersmann. |
Keywords | neorealism, interpretation of law, free finding of law, judicial discretion,law-enforcement, constitutional interpretation, normativity of law. |
References | |
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