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: Arendt, authority, decisionism, decision-making,
jurisprudence, legal argumentation, Luhmann, rule of law,
Schmitt, system theory
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: Arendt, authority, decisionism, decision-making,
jurisprudence, legal argumentation, Luhmann, rule of law,
Schmitt, system theory
Original language | English |
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Title of host publication | Argumentation and Reasoned Action: Proceedings of the 1st European Conference on Argumentation, Lisbon, 2015. Vol. II |
Editors | Dina Mohammed, Marcin Lewiński |
Place of Publication | London |
Publisher | College Publications |
Pages | 643-655 |
Publication status | Published - 2016 |
Event | ECA Lisbon 2015 - London Duration: 1 Jan 2016 → 1 Jan 2016 |
Conference
Conference | ECA Lisbon 2015 |
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Period | 1/01/16 → 1/01/16 |