Adjudication and Justification: To What Extent Should the Exluded Be Included in the Judge's Decision

摘要

As follows from the Rule of Law, the judge has to justify herdecision. In contemporary legal and social theory, it is arguedthat she should somehow give recognition to arguments andviewpoints that have been excluded from the final decision. Inmy paper, I will address the question why, to what extent andin what way the judge has to give recognition to thearguments and viewpoints that she has excluded from herdecision.KEYWORDS: Arendt, authority, decisionism, decision-making,jurisprudence, legal argumentation, Luhmann, rule of law,Schmitt, system theory