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Adjudication and the law

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 expl...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted Manuscript

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Publisher copy:
10.1093/ojls/gqm007

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Institution:
University of Oxford
Department:
Oxford, SSD, Law, Law Faculty
Publisher:
Oxford University Press Publisher's website
Journal:
Oxford Journal of Legal Studies Journal website
Volume:
27
Issue:
2
Pages:
311-326
Publication date:
2007
DOI:
EISSN:
1464-3820
ISSN:
0143-6503
URN:
uuid:ae846805-d63a-4d03-9066-1536de70cde0
Source identifiers:
600040
Local pid:
pubs:600040

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