Journal article
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 explain these conclusions through an assessment of the last episode in the debate between H.L.A.Hart and Ronald Dworkin.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
Actions
Access Document
- Files:
-
-
(Preview, Accepted manuscript, pdf, 205.9KB, Terms of use)
-
- Publisher copy:
- 10.1093/ojls/gqm007
Authors
- Publisher:
- Oxford University Press
- Journal:
- Oxford Journal of Legal Studies More from this journal
- Volume:
- 27
- Issue:
- 2
- Pages:
- 311-326
- Publication date:
- 2007-01-01
- DOI:
- EISSN:
-
1464-3820
- ISSN:
-
0143-6503
- Pubs id:
-
pubs:600040
- UUID:
-
uuid:ae846805-d63a-4d03-9066-1536de70cde0
- Local pid:
-
pubs:600040
- Source identifiers:
-
600040
- Deposit date:
-
2016-02-09
Terms of use
- Copyright holder:
- Endicott
- Copyright date:
- 2007
- Notes:
- © The Author 2007. Published by Oxford University Press. All rights reserved. This is the author accepted manuscript following peer review version of the article. The final version is available online from OUP at: dx.doi.org/10.1093/ojls/gqm007
If you are the owner of this record, you can report an update to it here: Report update to this record