Argumentative Arbitrariness and Legal Discourse |
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Authors: | Thom Holterman |
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Affiliation: | Erasmus University , Rotterdam |
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Abstract: | To make sense of the legal decisions courts offer, oftentimes we cannot rely on a strict judicial sense. Sometimes our explanations require us to engage in juridic-political speculation. This I call argumentative arbitrariness. This concept can serve us well in helping us to make sense of matters of justice as well as in developing critiques of legal order. |
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Keywords: | Argumentative Arbitrariness Legal Discourse Critical Legal Studies Criminal Justice Death Penalty Anarchism |
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