Post by Sapphire Capital on Aug 1, 2008 20:16:54 GMT 4
Adjudication and the Law
Timothy A.O. Endicott
University of Oxford - Faculty of Law
Oxford Journal of Legal Studies, Vol. 27, Issue 2, pp. 311-326, 2007
Abstract:
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.
papers.ssrn.com/sol3/papers.cfm?abstract_id=1150623
Timothy A.O. Endicott
University of Oxford - Faculty of Law
Oxford Journal of Legal Studies, Vol. 27, Issue 2, pp. 311-326, 2007
Abstract:
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.
papers.ssrn.com/sol3/papers.cfm?abstract_id=1150623