This chapter uses the dispute-resolution account of legal authority to describe the basic relationship between adjudication and legislation in a democracy. While statutes and other general legal rules can help avoid and resolve disputes, their inevitable indeterminacy means that, despite the aspirations of legal formalists, procedures of adjudication must be developed to apply them in particular circumstances. These adjudicative procedures themselves must be reasonably competent and impartial in order to possess authority. The participation that characterizes the “adversary system” of adjudication, and the interest representation that characterizes the common law, both contribute to the competence and impartiality of adjudication and thus to its authoritativeness. Adjudication derives additional authority when it seeks to interpret democratic statutes by implementing their linguistic intentions and their justifications.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.