Indeterminacy Debate In Legal Theory Article Index for
Indeterminacy
Shopping
Debate
Website Links For
Indeterminacy
 

Information About

Indeterminacy Debate In Legal Theory




The ''indeterminacy thesis'', in its strongest form, is the proposition that a judge can " Square " any result in a particular case with the existing legal materials through the use of legitimate legal arguments. In the 1990s the indeterminacy thesis came under heavy attack by Liberal and Conservative defenders of the Rule Of Law , and the debate, though its mantle is in the process of being taken up by a new generation of scholars, has left the intellectual spotlight for the time being.


SEE ALSO


Judicial Shamanism .


BIBLIOGRAPHY


  • Lawrence Solum, '' On the Indeterminacy Crisis: Critiquing Critical Dogma '', 54 The University of Chicago Law Review 462 (1987).

  • Kenneth J. Kress, ''“Legal Indeterminacy'', 77 California Law Review 283 (1989).

  • Mark Tushnet, ''Critical Legal Theory (without Modifiers) in the United States'', 13 Journal of Political Philosophy 99 (2005)