Just Disagreement: Indeterminacy and Rationality in the Rule of Law

Critical Legal Studies scholars argue that the inherent indeterminacy of language and rules justifies doubts about the determinacy of any legal regime and its exercise of authority. The conflict and indeterminacy that is inherent in the law is both ineradicable and deeply valuable to a self-scrutini...

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Bibliographic Details
Published in:The Yale law journal 1994-01, Vol.103 (4), p.997-1030
Main Author: Kutz, Christopher L.
Format: Article
Language:English
Subjects:
Epistemology
Judges
Language
Law
Legal analysis
Legal systems
Liberalism
Normativity
Philosophy
Rationality
Reason
Reasoning
Rule of Law
Skepticism
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Summary:Critical Legal Studies scholars argue that the inherent indeterminacy of language and rules justifies doubts about the determinacy of any legal regime and its exercise of authority. The conflict and indeterminacy that is inherent in the law is both ineradicable and deeply valuable to a self-scrutinizing moral and political culture.
ISSN:0044-0094
1939-8611
DOI:10.2307/797068