Objectivity And The Rule Of Law

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Objectivity And The Rule Of Law

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Author : Matthew Kramer
language : en
Publisher: Cambridge University Press
Release Date : 2007-06-11

Objectivity And The Rule Of Law written by Matthew Kramer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-06-11 with Philosophy categories.

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 And The Rule Of Law

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Author : Matthew Kramer
language : en
Publisher: Cambridge University Press
Release Date : 2007-06-11

Objectivity And The Rule Of Law written by Matthew Kramer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-06-11 with Philosophy categories.

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.

Judicial Review In An Objective Legal System

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Author : Tara Smith
language : en
Publisher: Cambridge University Press
Release Date : 2015-07-30

Judicial Review In An Objective Legal System written by Tara Smith and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-30 with Law categories.

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

Objectivity And The Rule Of Law

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Author : Matthew H. Kramer
language : en
Publisher:
Release Date : 2007

Objectivity And The Rule Of Law written by Matthew H. Kramer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law and ethics categories.

Kramer lucidly addresses some of the principal questions in this vital area of philosophical enquiry.

Objectivity In Law And Morals

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Author : Brian Leiter
language : en
Publisher: Cambridge University Press
Release Date : 2001

Objectivity In Law And Morals written by Brian Leiter and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.

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.

Positive Law And Objective Values

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Author : Andrei Marmor
language : en
Publisher: Oxford University Press
Release Date : 2001

Positive Law And Objective Values written by Andrei Marmor and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.

This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is. On the basis of a theory of social conventions and an analysis of law's authoritative nature, the book sets out the scope of law in relation to moral and other critical values. The book also maintains, however, that moral values are objective. It comprises a detailed analysis of the concept of objectivity, arguing that many aspects of the law, and of moral values, are metaphysically objective.

Law And Objectivity

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Author : Kent Greenawalt
language : en
Publisher: Oxford University Press
Release Date : 1995-06-29

Law And Objectivity written by Kent Greenawalt and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-06-29 with Law categories.

A third involves appropriate levels of generality for legal standards, and the claim of some feminists that in its abstractness and generality the law is overly "masculine."

The Rule Of Law

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Author : Tom Bingham
language : en
Publisher: Penguin UK
Release Date : 2011-07-07

The Rule Of Law written by Tom Bingham and has been published by Penguin UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-07 with Law categories.

'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.

Objectivity In Law

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Author : Nicos Stavropoulos
language : en
Publisher: Oxford University Press
Release Date : 1996

Objectivity In Law written by Nicos Stavropoulos and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.

The question of objectivity in legal interpretation has emerged in recent years as a highly important topic in contemporary jurisprudence. This original book addresses the issue of how and in what sense legal interpretation can be objective. The author supports the possibility of objectivity in law and spells out the content of objectivity involved. He then provides a comprehensive defence against the classical, as well as less well-known, objections to the possibility of objectivity in legal interpretation. The discussion is firmly grounded in metaphysics, which sets the book apart from other similar discussions in jurisprudence. Stavropoulos identifies an important source of resistance to acceptance of the possibility of objectivity in legal interpretation: a widely-held but faulty semantic. He then develops an alternative semantic framework which draws on influential theories in contemporary philosophy. The book shows that objectivism is a natural, commonsensical position, and rejects the currently popular notion that objectivism requires extravagant or bizarre metaphysics. Furthermore, the discussion presents the opportunity to reinterpret major debates in jurisprudence and to show how influential theories, notably H. L. A. Hart's and Ronald Dworkin's, bear on that central issue.

A Theory Of Justice

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Author : John Rawls
language : en
Publisher:
Release Date : 1999

A Theory Of Justice written by John Rawls and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.

In this work the author argues that the correct principles of justice are those that would be agreed to by free and rational persons, placed in the original position behind a veil of ignorance: not knowing their own place in society; their class, race, or sex; their abilities, intelligence, or strengths; or even their conception ofthe good. Accordingly, he derives two principles of justice to regulate the distribution of liberties, and of social and economic goods. In this new edition the work is presented as Rawls himself wishes it to be transmitted to posterity, with numerous minor revisions and amendments and a new Preface in which Rawls reflects on his presentation of his thesis and explains how and why he has revised it.