The fragility of rightness. Adjudication and the primacy of practice

Thesis

Front cover

Title pages

Contents

1: Introduction

2: A stabilizing approach to adjudication

3: On reason’s hope. Normative theories of political morality and their potential stabilizing function for adjudication

4: The fragility of justice I. Rawls’ theory of justice as moral background theory of law and adjudication

5: The fragility of justice II. Rawls’ residues of justice and their bearing on adjudication

6: The fragility of justice III. Nussbaum’s capabilities approach solving Rawlsian residues and stabilizing adjudication

7: The fragility of justice IV. Nussbaum’s residues and their bearing on adjudication

8: Justice without rails. An anti-theoretical critique and a quasi-phenomenological proposal

9: Adjudication without foundation. A postmodern approach

10: The fragility of rightness I. A virtue-ethical conception of adjudication

Erratum to chapter 10

11: The fragility of rightness II. The judge as a civic friend

12: The fragility of rightness III. Tragic choice as a legal concept

13: Concluding summary and some practical implications

Bibliography

Samenvatting

Acknowledgments