Adjudication and Justification. To What Extent Should the Excluded Be Included in the Judge's Decision?

Abstract

As follows from the Rule of Law, the judge has to justify her decision. In contemporary legal and social theory, it is argued that she should somehow give recognition to arguments and viewpoints that have been excluded from the final decision. In my paper, I will address the question why, to what extent and in what way the judge has to give recognition to the arguments and viewpoints that she has excluded from her decision.