Judges’ positive, law-making function occurs within a framework of legal rules wherein gaps, normative conflicts, and ambiguities arise. The judge aims to resolve such problems of interpretation through a process which, in some sense, both recreates and affirms the legal structure, and thereafter invokes a range of legal arguments in order to justify the solution of the legal question at hand. However, the application of law is not a precise or mechanical process of rationalisation. The process of legal justification embarked upon by judges is subject to a greater or lesser degree to the influence of values.
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whole chapter from the book Svea Hovrätt: 400 Years.
