Journal Article

Adjudication and the Law

Timothy Endicott

in Oxford Journal of Legal Studies

Volume 27, issue 2, pages 311-326
Published in print January 2007 | ISSN: 0143-6503
Published online January 2007 | e-ISSN: 1464-3820 | DOI: http://dx.doi.org/10.1093/ojls/gqm007
Adjudication and the Law

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It can be compatible with justice and the rule of law for a court to impose new legal liabilities retrospectively on a defendant. But judges do not need to distinguish between imposing a new liability, and giving effect to a liability that the defendant had at the time of the events in dispute. The distinction is to be drawn by asking which of the court's reasons for decision the institutions of the legal system had already committed the courts to act upon, before the time of decision. I explain these conclusions through an assessment of the last episode in the debate between H.L.A.Hart and Ronald Dworkin.

Journal Article.  7691 words. 

Subjects: Law ; Jurisprudence and Philosophy of Law ; Law and Society

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