Adjudication and Justification. To What Extent Should the Excluded Be Included in the Judge's Decision?
13 Pages Posted: 9 Sep 2015
Date Written: September 8, 2015
Abstract
As follows from the Rule of Law, the judge has to justify her decision. In contemporary legal and social theory, it is argued that she should somehow give recognition to arguments and viewpoints that have been excluded from the final decision. In my paper, I will address the question why, to what extent and in what way the judge has to give recognition to the arguments and viewpoints that she has excluded from her decision.
Keywords: legal argumentation, Rule of Law, authority, decision-making, jurisprudence, Arendt, Schmitt, Luhmann, decisionism, system theory
JEL Classification: K10, K40
Suggested Citation: Suggested Citation
van Klink, Bart, Adjudication and Justification. To What Extent Should the Excluded Be Included in the Judge's Decision? (September 8, 2015). Available at SSRN: https://ssrn.com/abstract=2657390 or http://dx.doi.org/10.2139/ssrn.2657390
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