Explaining and Understanding Adjudication is the first book that attempts to analyse and define the methodology and values of contemporary accounts of adjudication, which can be divided into orthodox philosophies on the one hand and heretical accounts on the other. The author offers an incisive and original analysis of how these supposedly incompatible accounts actually differ. Through an evaluation of Neil MacCormick, Joseph Raz and Ronald Dworkin as the principal exponents of the orthodoxy and Duncan Kennedy and Roberto Unger providing the heretical accounts, William Lucy argues that there are few important differences between the two. Rather, the author concludes, both theories have acute problems in relation to the methodology and values they apply in interpreting adjudication.
`brimming with careful analysis, basic common sense, and important insights.' Tom Campbell, University of Toronto Law Journal `a wide-ranging seminal work' Oren Ben-Dor, Political Studies, Vol.49, No.1, March 2001 `razor-sharp and slow analysis' Oren Ben-Dor, Political Studies, Vol 49 No 1, March 2001 `important contentious points are comprehensively surveyed, yet thoroughtly unpacked, with an extremely readable prose.' Oren Ben-Dor, Political Studies Vol 49 No 1, March 2001 `Lucy's text is carefully argued, and displays an impressively wide knowledge of the literature in a variety of fields. The book is a very welcome and highly valuable addition to jurisprudence of adjudication.' Brian Bix Modern Law Review, November 2000
Number Of Pages: 408
Published: 1st August 1999
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 24.1 x 16.2 x 2.7
Weight (kg): 0.73