Chapter

Adjudication for Visionaries

William Lucy

in Understanding and Explaining Adjudication

Published in print September 1999 | ISBN: 9780198260257
Published online March 2012 | e-ISBN: 9780191682070 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198260257.003.0016
Adjudication for Visionaries

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Value talk — talk about moral, ethical, political and pragmatic values — can function on at least three related levels. First, value talk is appropriate at the level of the relevance of values of whatever kind to a particular activity, institution, or social practice. Value talk could consist of an analysis of the respective importance of integrity and fairness or of efficiency and humanity in a particular profession. This second level of value talk is one of specification. A third level of value talk presents itself close on the heels of the second. This chapter examines these three levels of value talk as they arise within heretical accounts of adjudication. It explores the issues at stake in the dispute between orthodoxy and heresy. Some heretics have adopted a particular body of thought in the hope that it serves as the vehicle of a moral vision that could support the heresy.

Keywords: value talk; values; integrity; fairness; efficiency; humanity; adjudication; heresy; orthodoxy; moral vision

Chapter.  27783 words. 

Subjects: Jurisprudence and Philosophy of Law

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