Law and Objectivity

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

Download Law and Objectivity Book in PDF, Epub and Kindle

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 and the Rule of Law

Objectivity and the Rule of Law
Title Objectivity and the Rule of Law PDF eBook
Author Matthew Kramer
Publisher Cambridge University Press
Pages 233
Release 2007-06-11
Genre Philosophy
ISBN 1139463969

Download Objectivity and the Rule of Law Book in PDF, Epub and Kindle

What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted.

Objectivity in Law

Objectivity in Law
Title Objectivity in Law PDF eBook
Author Nicos Stavropoulos
Publisher Oxford University Press
Pages 238
Release 1996
Genre Law
ISBN 9780198258995

Download Objectivity in Law Book in PDF, Epub and Kindle

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.

Judicial Review in an Objective Legal System

Judicial Review in an Objective Legal System
Title Judicial Review in an Objective Legal System PDF eBook
Author Tara Smith
Publisher Cambridge University Press
Pages 303
Release 2015-07-30
Genre Law
ISBN 1107114497

Download Judicial Review in an Objective Legal System Book in PDF, Epub and Kindle

This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.

Objectivity in Law and Morals

Objectivity in Law and Morals
Title Objectivity in Law and Morals PDF eBook
Author Brian Leiter
Publisher Cambridge University Press
Pages 368
Release 2001
Genre Law
ISBN 0521554306

Download Objectivity in Law and Morals Book in PDF, Epub and Kindle

The seven original essays included in this volume from 2000, written by some of the world's most distinguished moral and legal philosophers, offer a sophisticated perspective on issues about the objectivity of legal interpretation and judicial decision-making. They examine objectivity from both metaphysical and epistemological perspectives and develop a variety of approaches, constructive and critical, to the fundamental problems of objectivity in morality. One of the key issues explored is that of the alleged 'domain-specificity' of conceptions of objectivity, i.e. whether there is a conception of objectivity appropriate for ethics that is different in kind from the conception of objectivity appropriate for other areas of study. This volume considers the intersection between objectivity in ethics and objectivity in law. It presents a survey of live issues in metaethics, and examines their relevance to theorizing about law and adjudication.

Objectivity in Law and Legal Reasoning

Objectivity in Law and Legal Reasoning
Title Objectivity in Law and Legal Reasoning PDF eBook
Author Jaakko Husa
Publisher Bloomsbury Publishing
Pages 285
Release 2013-01-28
Genre Law
ISBN 1782250689

Download Objectivity in Law and Legal Reasoning Book in PDF, Epub and Kindle

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.

Common Law Judging

Common Law Judging
Title Common Law Judging PDF eBook
Author Douglas E. Edlin
Publisher University of Michigan Press
Pages 281
Release 2016-07-29
Genre Law
ISBN 0472130021

Download Common Law Judging Book in PDF, Epub and Kindle

Moving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity