Heidegger and the theory of adjudication. (Martin Heidegger) From: Yale Law Journal | Date: November 1, 1996| Author: Leiter, Brian | COPYRIGHT 1996 Yale University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

Abstracts

According to Ronald Dworkin's influential model for constructing a theory of adjudication, the theorist aims both for a descriptively adequate and a normatively defensible account of adjudication. To be descriptively adequate, the theory must make explicit the rule-governed procedures that regulate and explain the process of judicial decisionmaking. Can the theory of adjudication carry out its descriptive project? Professor Leiter argues that it cannot, for ...

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