A Republican Theory of Adjudication

20 Pages Posted: 13 Jul 2012 Last revised: 28 Jul 2012

See all articles by Frank Lovett

Frank Lovett

Washington University in St. Louis

Date Written: 2012

Abstract

In recent years there has been a revival of interest in civic republicanism. In light
 of
 this
 revival,
 it
 interesting
 to
 consider
 what
 sort
 of
 theory
 of
 legal
 or 
judicial
 adjudication
 such
 a
 doctrine
 –
 centered 
on
 the
 value
 of
 promoting
 freedom from
 domination
 –
 would
 recommend.
 There
 have
 been
 some
 efforts 
to
 answer 
this
 question
 already
which
 are,
 for
 various 
reasons,
 unsatisfactory;
 rather
 than
 spend
 much
 time
 criticizing
 these
 other
 views, 
however, 
this
 paper 
simply
 aims
 to
 lay
 out
 a
 better
 theory.
 After
 discussing
 the
 importance
 of
 such
 a 
theory 
and 
clarifying
 its
 relationship 
to
 a 
broader
 account
 of
 social
 justice,
 it
 is 
argued
 that
 theories
 of
 adjudication
 should
 be
 assessed
 according
 to 
three
 criteria:
 first,
 their 
contribution 
to 
the 
cause
 of
 social
 justice; 
second, 
their
 suitability 
to
 the 
characteristic
 features
 of
 legal
 systems; 
and
 third,
 their 
impact
 on 
long - run
 institutional
 stability.
 According
 to 
these 
criteria,
 a
re public an 
theory 
of
 adjudication
 would
 hold legal
 officials
 should
 strive
 in
 their
 decisions
 and
 in 
and
 enhance
 the
 distinctive 
value
 of
 the
 rule
 of
 law.


Keywords: Adjudication, legal interpretation, republicanism, rule of law

Suggested Citation

Lovett, Frank, A Republican Theory of Adjudication (2012). APSA 2012 Annual Meeting Paper, Available at SSRN: https://ssrn.com/abstract=2104704

Frank Lovett (Contact Author)

Washington University in St. Louis ( email )

One Brookings Drive
Campus Box 1208
Saint Louis, MO MO 63130-4899
United States

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