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

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

Bart Van Klink (Contact Author)

VU University Amsterdam - Faculty of Law ( email )

De Boelelaan 1105
Amsterdam, ND North Holland 1081 HV
Netherlands

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