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.
Legal Reasoning and Objective Writing
Title | Legal Reasoning and Objective Writing PDF eBook |
Author | Daniel L. Barnett |
Publisher | Aspen Publishing |
Pages | 404 |
Release | 2016-02-29 |
Genre | Law |
ISBN | 1454874740 |
Legal Reasoning and Objective Writing: A Comprehensive Approach is a textbook for the objective writing segment of a first-year legal writing class, written by two professors who have collaborated for many years, and who between them have over 50 years of experience teaching legal analysis and writing. The book, which is written in a conversational manner to engage students and put them at ease so that they grasp difficult concepts easily, uses a variety of short examples throughout the chapters as well as sample documents in the appendices with comprehensive annotations keyed to relevant portions of the book. Each chapter and accompanying optional closed-memo problem provide students with a sophisticated yet concrete step-by-step method to learn the analytical, organizational, and presentational skills necessary to convey legal analysis effectively. The accompanying optional introductory problem and related assignment materials use a flipped-class approach to guide students through the memo project independently, allowing teachers to adapt the problem to fit a variety of teaching sequences.
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 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.
Truth and Objectivity in Law and Morals II
Title | Truth and Objectivity in Law and Morals II PDF eBook |
Author | André Ferreira Leite de Paula |
Publisher | |
Pages | 0 |
Release | 2016 |
Genre | Law |
ISBN | 9783848736003 |
Objectivity and truth are highly contested issues in contemporary Legal and Moral Philosophy. There are a full range of approaches, from the very skeptic and pessimistic positions, to the most contemplative and optimistic conceptions, which defend their possibility not only within the theoretical but also within the practical thought. Any possible approach should be diverse enough in order to integrate, among others, the concepts of facts, existence, justifiability, language, emotions, disagreement, and a degree of relatedness between law and morals. This book addresses these topics from various points of view. It is comprised of a selection of the papers presented at the Second Special Workshop "Truth and Objectivity in Law and Morals" held at the 27th World Congress of the IVR in Washington, D.C., USA, 2015. The compilation is divided into four parts that focus on objectivity and truth in law, legal reasoning, and Kelsen's Theory of Law as well as objectivity and truth in morals.
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 |
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 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 | 1782250670 |
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.