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Conclusion

William Lucy

in Understanding and Explaining Adjudication

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198260257
eISBN:
9780191682070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260257.003.0017
Subject:
Law, Philosophy of Law

This book's overarching question — how different are orthodoxy and heresy? — received a deflationary answer, namely, ‘not very’. The responses made by orthodox and heretical accounts of adjudication ... More


Constructing the Heresy

William Lucy

in Understanding and Explaining Adjudication

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198260257
eISBN:
9780191682070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260257.003.0014
Subject:
Law, Philosophy of Law

For many heretics, the rational reconstruction of judicial decisions is not an intellectually viable option, since they believe that adjudication cannot be rational in the first place. There is a ... More


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