Adjudication

1
Adjudication

• Sociology 641

2
Adjudication as Interpretation

• Application of pre-existing legal principles to a
  concrete fact situation.
• Sources of legal rules
• Constitutions
• Statutes
• Common Law precedents
• Is interpretation simply lawmaking in
  disguise?

3
Adjudication in the Civics Book

• Anti-majoritarian
• Why are courts the least dangerous branch?
• Passivity and Determinacy

4
Judicial Passivity

• Passive with respect to other branches of
  government
• Vulnerable to political override
• Passive with respect to extra-legal society
• Must wait for a case in controversy
• Can only address issues presented

5
Legal Determinacy

• Interpretation is constrained by textual content
  of law
• Interpretation is a logical exercise, with little
  room for disagreement

6
Adjudication(the transparent model)
Society
Legal System
Social Pressure
Legal Change
Social Change
7
Adjudication in Action

• Judicial Initiative
• Judicial signals elicit cases
• Judicial actions shape impact
• Legal Indeterminacy
• Fact skepticism
• Rule skepticism
• Common Law
• Statutes
• Constitutions

8
Caveat

• Judges' norms
• Judging as craft-work
• An Institutional (non-transparent) Model