Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning
Title | Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning PDF eBook |
Author | Villa-Rosas, Gonzalo |
Publisher | Edward Elgar Publishing |
Pages | 313 |
Release | 2022-10-18 |
Genre | Law |
ISBN | 180392263X |
This thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of jurisprudence, legal interpretation and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice.
Objectivity in Law and Legal Reasoning
Title | Objectivity in Law and Legal Reasoning PDF eBook |
Author | Jaakko Husa |
Publisher | Bloomsbury Publishing |
Pages | 278 |
Release | 2013-01-28 |
Genre | Law |
ISBN | 1782250689 |
Legal theorists consider their discipline as an objective endeavour in line with other fields of science. Objectivity in science is generally regarded as a fundamental condition, informing how science should be practised and how truths may be found. Objective scientists venture to uncover empirical truths about the world and ought to eliminate personal biases, prior commitments and emotional involvement. However, legal theorists are inevitably bound up with a given legal culture. Consequently, their scholarly work derives at least in part from this environment and their subtle interaction with it. This book questions critically, in novel ways and from various perspectives, the possibilities of objectivity of legal theory in the twenty-first century. It transpires that legal theory is unavoidably confronted with varying conceptions of law, underlying ideologies, approaches to legal method, argumentation and discourse etc, which limit the possibilities of 'objectivity' in law and in legal reasoning. The authors of this book reveal some of these underlying notions and discuss their consequences for legal theory.
Law and Objectivity
Title | Law and Objectivity PDF eBook |
Author | Kent Greenawalt |
Publisher | Oxford University Press |
Pages | 301 |
Release | 1995-06-29 |
Genre | Philosophy |
ISBN | 0195356926 |
In modern times the idea of the objectivity of law has been undermined by skepticism about legal institutions, disbelief in ideals of unbiased evaluation, and a conviction that language is indeterminate. Greenawalt here considers the validity of such skepticism, examining such questions as: whether the law as it exists provides determinate answers to legal problems; whether the law should treat people in an "objective way," according to abstract rules, general categories, and external consequences; and how far the law is anchored in something external to itself, such as social morality, political justice, or economic efficiency. In the process he illuminates the development of jurisprudence in the English-speaking world over the last fifty years, assessing the contributions of many important movements.
Objectivity in Law
Title | Objectivity in Law PDF eBook |
Author | Nicos Stavropoulos |
Publisher | Oxford University Press |
Pages | 238 |
Release | 1996 |
Genre | Law |
ISBN | 9780198258995 |
This treatise addresses a central topic in contemporary jurisprudence, namely whether it is possible for legal interpretations to be objective. The author claims that objectivity is possible in law, offering arguments based on metaphysics, philosophy and meta-ethics to reinforce his theory.
Objectivity in Legal Interpretation
Title | Objectivity in Legal Interpretation PDF eBook |
Author | Nicos Stavropoulos |
Publisher | |
Pages | 570 |
Release | 1992 |
Genre | Law |
ISBN |
Law and Legal Interpretation
Title | Law and Legal Interpretation PDF eBook |
Author | Fernando Atria Lemaitre |
Publisher | Routledge |
Pages | 594 |
Release | 2017-11-01 |
Genre | Social Science |
ISBN | 135177011X |
This title was first published in 2003. Leading contemporary essays on interpretation are assembled in this volume, which offsets them against a small number of "classical" works from earlier periods. It has long been recognized that textual sources (constitutions, statutes, precedents, commentaries) are central to developed systems of law and that interpretation of such texts is one highly important element in adjudication, legal practice and legal scholarship. Scholars have also contended that the totality of legal activity is "interpretive" in a wider sense and debates about objectivity have raged. The reasons for this development are here critically scrutinized.
Objectivity in Ethics and Law
Title | Objectivity in Ethics and Law PDF eBook |
Author | Michael S. Moore |
Publisher | Ashgate Publishing |
Pages | 440 |
Release | 2004 |
Genre | Law |
ISBN |
This volume collects six of Michael Moore's influential studies on moral and legal objectivity. Presented in an accessible format, the essays are brought together by a thought-provoking introduction. Contents: Introduction ETHICS Moral reality Moral reality revisited Good without God LAW Law as justice The plain truth about legal truth Legal reality: a naturalist approach to legal ontology NAME INDEX.