Sebastián Reyes
Abstract
The main claim of this paper is the following: In a typical rational legal system, legal adjudication is necessarily discretional. Discretion is the result of what I call ‘systemic indeterminacy’. ...
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The main claim of this paper is the following: In a typical rational legal system, legal adjudication is necessarily discretional. Discretion is the result of what I call ‘systemic indeterminacy’. ...
Key concepts: Indeterminacy (philosophy), Adjudication, Discretion, Law and economics, Law, Judicial discretion, Economics, Political science