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Article
Heidegger and the Essence of Adjudication
In Progress (2011)
  • George Souri, DePaul University
Abstract
This paper presents an account of adjudication based on the philosophy of Martin Heidegger. As this paper argues, we can only hope to better understand adjudication if we recognize that adjudication is a socio-temporally situated activity, and not a theoretical object. Heidegger’s philosophical insights are especially salient to such a project for several reasons. First, Heidegger’s re-conception of ontology, and his notion of being-in-the-world, provide a truer-to-observation account of how human beings come to understand their world and take in the content of experience towards completing projects. Second, Heidegger’s account of context, inter-subjectivity, and common understanding provide a basis upon which to re-conceive judicial coherence, which forecloses judicial relativism, while allowing for judicial change and adaptation to new and novel situations. Finally, Heidegger’s account of “equipment” provides, as I argue, the best way to understand the relationship between adjudication and the law.
Keywords
  • law and philosophy,
  • Heidegger,
  • adjudication,
  • judges,
  • jurisprudence,
  • legal theory,
  • theory
Publication Date
Summer 2011
Citation Information
George Souri. "Heidegger and the Essence of Adjudication" In Progress (2011)
Available at: http://works.bepress.com/george_souri/2/