A Republican Theory of Adjudication
20 Pages Posted: 13 Jul 2012 Last revised: 28 Jul 2012
Date Written: 2012
Abstract
In recent years there has been a revival of interest in civic republicanism. In light of this revival, it interesting to consider what sort of theory of legal or judicial adjudication such a doctrine – centered on the value of promoting freedom from domination – would recommend. There have been some efforts to answer this question already which are, for various reasons, unsatisfactory; rather than spend much time criticizing these other views, however, this paper simply aims to lay out a better theory. After discussing the importance of such a theory and clarifying its relationship to a broader account of social justice, it is argued that theories of adjudication should be assessed according to three criteria: first, their contribution to the cause of social justice; second, their suitability to the characteristic features of legal systems; and third, their impact on long - run institutional stability. According to these criteria, a re public an theory of adjudication would hold legal officials should strive in their decisions and in and enhance the distinctive value of the rule of law.
Keywords: Adjudication, legal interpretation, republicanism, rule of law
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