Adjudication requires impersonal criteria of decision applicable across similar cases
Evidence
Beyond doubt, it is an integral part of the concept of adjudication as exeriplified in the conventional forms of the judicial process that decision is to be arrived at by reference to impersonal criteria of decision applicable in the same fashion in any similar case. This is true, it should be observed, even of decisions which, as the saying goes, turn solely upon the facts, for the facts upon which decision turns get their significance from the criteria of decision. The question is whether the effort to discern and apply such impersonal and generally applicable criteria of decision (and the sense of the disputants that the effort is made, whether or not they believe it to be successful) is important in relation only to a,judication by t’e courts or whether it is fundamental to the success of adjudication by any tribunal of any kind of dispute.
— Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3298
Categorization
DEFINE: States the impersonal-criteria element of adjudication, the fulcrum for the whole chapter debate.
XREF: connects to: Adjudication proceeds through adversarial claims, proofs, and counterproofs to a decision — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 17; Some disputes resist rational adjudication because they lack general criteria — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 3305; Only some dispute types are apt for settlement by adjudication — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 3262 (+4 more)