Only some dispute types are apt for settlement by adjudication

Evidence

This note calls attention to some closely related and yet distinct questions. Granting that adjudication presupposes a dispute to be adjudicated, what kinds of disputes, among the endless variety in which human beings can become entangled, are appropriate for settlement by this method? — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3262

Categorization

• XREF: Feeds the LGST polyad’s institutional-roles thread: the legislature must decide which disputes adjudication can wisely handle, a theme echoing Volume 1’s separation-of-powers frame. — connects to: Polycentric problems with interdependent judgments resist adjudication — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 3342; 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; Adjudication imposes solutions and is not the same as mediation — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 3294 (+5 more)
• SEED: The four worked examples (broadcast licensing, interest arbitration, zoning, administrative court between agencies, congressional deadlock) read like a test bank for what adjudication cannot do — could seed a teaching problem set on the limits of judicial method.

Broader Connections

• Adjudication requires impersonal criteria of decision applicable across similar cases #expands (0.82) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3298
• Adjudication imposes solutions and is not the same as mediation #expands (0.80) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3294
• Continuing business relations avoided courts in favor of private settlement and arbitration #exemplifies (0.78) — Lawrence M. Friedman, A History of American Law, 3065
• Ad hoc adjudication breaks litigant participation and undermines its legitimacy #complicates (0.75) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3312
• Litigation selects for fringe and hard cases, not representative legal disputes #corroborates (0.75) — Frederick Schauer, Thinking Like a Lawyer, 38
• Whether legislatures or courts better adjudicate claims is an unsettled comparative question #qualifies (0.72) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2296