Adjudication and Justification: To What Extent Should the Exluded Be Included in the Judge's Decision

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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
Original languageEnglish
Title of host publicationArgumentation and Reasoned Action: Proceedings of the 1st European Conference on Argumentation, Lisbon, 2015. Vol. II
EditorsDina Mohammed, Marcin Lewiński
Place of PublicationLondon
PublisherCollege Publications
Pages643-655
Publication statusPublished - 2016
EventECA Lisbon 2015 - London
Duration: 1 Jan 20161 Jan 2016

Conference

ConferenceECA Lisbon 2015
Period1/01/161/01/16

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