Do Judges Create Law?

Authors

  • Paolo Comanducci Università di Genova

DOI:

https://doi.org/10.4454/kseyqb13

Keywords:

Judges, Criminal Law, Interpretative discretion, Luigi Ferrajoli

Abstract

Different answers to the question of whether judges create law, offered by some contemporary legal theorists and especially by Luigi Ferrajoli, are examined. These responses are criticized mainly because they often unduly mix empirical and normative issues. Finally, the outlines of a realistic, genuinely descriptive answer to the question are presented.

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Published

2025-10-21

Issue

Vol. 25 No. 1 (2025)

Section

Essays

License

Copyrights are transferred for five years starting publication date from the author(s) to the Publisher. After this period, the content is released under a Creative Commons licence (Attribution-ShareAlike 4.0 International).