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

Research output: Chapter in Book / Report / Conference proceedingConference contributionAcademic

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

Fingerprint

constitutional state
decisionism
system theory
argumentation
jurisprudence
decision making

Cite this

van Klink, B. M. J. (2016). Adjudication and Justification: To What Extent Should the Exluded Be Included in the Judge's Decision. In D. Mohammed, & M. Lewiński (Eds.), Argumentation and Reasoned Action: Proceedings of the 1st European Conference on Argumentation, Lisbon, 2015. Vol. II (pp. 643-655). London: College Publications.
van Klink, B.M.J. / Adjudication and Justification: To What Extent Should the Exluded Be Included in the Judge's Decision. Argumentation and Reasoned Action: Proceedings of the 1st European Conference on Argumentation, Lisbon, 2015. Vol. II. editor / Dina Mohammed ; Marcin Lewiński. London : College Publications, 2016. pp. 643-655
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abstract = "As follows from the Rule of Law, the judge has to justify herdecision. In contemporary legal and social theory, it is arguedthat she should somehow give recognition to arguments andviewpoints that have been excluded from the final decision. Inmy paper, I will address the question why, to what extent andin what way the judge has to give recognition to thearguments and viewpoints that she has excluded from herdecision.KEYWORDS: Arendt, authority, decisionism, decision-making,jurisprudence, legal argumentation, Luhmann, rule of law,Schmitt, system theory",
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van Klink, BMJ 2016, Adjudication and Justification: To What Extent Should the Exluded Be Included in the Judge's Decision. in D Mohammed & M Lewiński (eds), Argumentation and Reasoned Action: Proceedings of the 1st European Conference on Argumentation, Lisbon, 2015. Vol. II. College Publications, London, pp. 643-655, ECA Lisbon 2015, 1/01/16.

Adjudication and Justification: To What Extent Should the Exluded Be Included in the Judge's Decision. / van Klink, B.M.J.

Argumentation and Reasoned Action: Proceedings of the 1st European Conference on Argumentation, Lisbon, 2015. Vol. II. ed. / Dina Mohammed; Marcin Lewiński. London : College Publications, 2016. p. 643-655.

Research output: Chapter in Book / Report / Conference proceedingConference contributionAcademic

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CY - London

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van Klink BMJ. Adjudication and Justification: To What Extent Should the Exluded Be Included in the Judge's Decision. In Mohammed D, Lewiński M, editors, Argumentation and Reasoned Action: Proceedings of the 1st European Conference on Argumentation, Lisbon, 2015. Vol. II. London: College Publications. 2016. p. 643-655