In the nineties and in the early part of the twenty first century, Holmesian thesis of law which Julius…

The older dictum is that judges only interpret law and do not make it. The realist account recognises that deciding unsettled cases can develop the law, since judges must evaluate competing principles and policies rather than merely deduce every result from fixed premises. This does not mean judges have unlimited legislative power; it explains why interpretation can include a creative element.