Law and Undecidability: A New Vision of the Proceduralization of Law
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Writen byJacques Lenoble - Publisher
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In this thought-provoking chapter, Jacques Lenoble critiques Jürgen Habermas's proceduralist paradigm and proposes a reconceptualization of “proceduralization” in legal theory. Challenging Habermas’s unified framework of the “three worlds” (objective, social, and subjective), Lenoble highlights the instability and unpredictability inherent in legal language and reasoning, drawing on the modern recognition of chaotic systems and human finitude He underscores that classical legal rationality—rooted in clear procedural rules—is increasingly inadequate for capturing the complexities of contemporary legal practice. Instead, Lenoble argues, law must acknowledge inherent “undecidability”: situations where legal norms cannot definitively resolve what a just outcome should be, thereby affirming the limits of rational adjudication.This insight connects to broader debates in legal philosophy, including the indeterminacy thesis, which asserts that legal resolution often fails to produce a single, definitive outcome due to interpretive plurality

