Law and Value in Adjudication<sup>*</sup>

Joseph Raz

in The authority of law

Published in print August 1979 | ISBN: 9780198253457
Published online March 2012 | e-ISBN: 9780191681400 | DOI:
Law and Value in Adjudication*

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This chapter presents an outline of a positivist view of adjudication. It examines the adjudicative process and explores the theme of the separability and connectedness of law and value in the courtroom. The chapter begins by discussing the problems surrounding the interaction of law and value in adjudication. It also examines distinguishing, overruling, and the closure rule on regulated disputes. Unregulated disputes are discussed as well. In addition to discussing disputes, the chapter also tackles judicial law making, legislation, and the conservative restraints imposed on these. It concludes with continuity of applying and making law.

Keywords: positivist view; adjudication; adjudicative process; law; value; courtroom; regulated disputes; unregulated disputes; law making; judicial

Chapter.  12403 words. 

Subjects: Jurisprudence and Philosophy of Law

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