William Lucy

in Understanding and Explaining Adjudication

Published in print September 1999 | ISBN: 9780198260257
Published online March 2012 | e-ISBN: 9780191682070 | DOI:

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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 to the problems of method, causality, and values are charted. The first part of this book establishes that orthodox accounts of adjudication begin by deploying the Verstehen method. This is clearly the correct starting point, but the orthodox fail to get to grips with at least one difficult snag that method faces, namely, the plurality problem. There are other snags that allegedly ensnare the orthodox method, such as the incorrigibility problem and the ideology critique; these are either avoidable or highlight issues faced by any method. In addition, this book examines whether, in taking up the method of Verstehen, the orthodoxy is thereby committed to methodological individualism. The conclusion is that it is not and that the orthodox method is best characterised by the label ‘compatibilism’.

Keywords: orthodoxy; heresy; adjudication; Verstehen method; causality; plurality; values; individualism; compatibilism

Chapter.  17572 words. 

Subjects: Jurisprudence and Philosophy of Law

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