It’s All in the Game: A Nonfoundationalist Account of Law and Adjudication

Three questions concerning modern legal thought provide the framework for this analysis: what should judges do?; what do judges do?; and what can judges do? Contrasting his own answers with traditional responses and moving playfully between debates of high theory, daily practices of appellate judges, and his own enlightening analyses of significant court rulings, Allan C. Hutchinson examines what it means to treat adjudication as an engaged game of rhetorical justification. His resulting argument should enable the reader to grasp more fully the practical operation, political determinants, and the transformative possibilities of law and adjudication.