Slezhenkov V.V. Theoretical Model of Judicial Lawmaking in the Context of Modern French Legal Realism

Slezhenkov Vladimir Vladimirovich
Candidate of Juridical Sciences, Associate Professor, Department of Civil and Arbitration Proceeding, Volgograd State University
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation

Abstract. The article is related to the analysis of the specifics of views on the judicial lawmaking in a context of contemporary French realist theory of interpretation, which is atypical for both national and continental legal tradition. The research emphasizes the multidimensional nature of this theory, the presence of its connection with both the French neopositivists and normativists conceptions, as well as with foreign legal realism. The author studies the views of the French legal realism representatives concerning the phenomenon of judicial lawmaking in general, as well as the features of the detection and creation of norms in the process of the legal interpretation and the specifics of its implementation in the field of
constitutional justice. On the basis of the analysis results the author concludes that actual recognition of court lawmaking monopoly in the realistic theory is accompanied by the attempts to justify its rational limitation, to emphasize the importance of responsibility and individual choice of law enforcer.

Key words: legal realism, judicial lawmaking, interpretation of law, application of law, positivism.

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