Wednesday, April 18
4:00 - 5:30 pm
Subotnick Center - 11th Floor
250 Joralemon Street
Philosophy and Linguistics Society
Center for Law, Language & Cognition
Professor Ralf Poscher of the Albert-Ludwigs-Universität Freiburg will be giving a presentation entitled, “The Common Errors in Theories of Adjudication” (see abstract below).
The Common Error in Theories of Adjudication
Law is adjudication. Adjudication is not only the centre of the law as a social system, but also what legal practice, legal counseling, trials and procedures are all about. Adjudication in turn is all about hard cases. As Carl Schmitt noted in his 1912 dissertation “that the cases of doubt are those which attract academic and practical interest.” Correspondingly H.L.A. Hart observed for legal education that penumbral cases are the “daily diet of the law schools”. With adjudication being the centre of law and hard cases the centre of adjudication, it is even more disturbing that there is widespread theoretical disquiet about adjudication in hard cases. To varying degrees, adjudication in hard cases is seen not as a legal, but rather as a non-legal, political, economic, moral or otherwise discretionary practice. Increasingly, the task of adjudication in hard cases is claimed to be the province of rival disciplines such as economics – as in law and economics – or the political sciences – as in the growing industry of law and political studies. The tendency of legal theorists to abandon the very heart of the law forms the theoretical background of the talk. I would like to show how the curious tendency to abandon the law in the cases it most cares about is pervasive in legal theory and to sketch a doctrinal theory of adjudication that reclaims adjudication in hard cases as a specifically legal enterprise.
Read the full draft of Professor Poscher’s talk.
For more information, please email email@example.com.