Objectivity In Ethics And Law
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Objectivity In Ethics And Law
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Author : Michael S. Moore
language : en
Publisher: Ashgate Publishing
Release Date : 2004
Objectivity In Ethics And Law written by Michael S. Moore and has been published by Ashgate Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Judgment categories.
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.
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.
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.
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 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.
Meta Ethics Moral Objectivity And Law
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Author : Veronica Rodriguez-Blanco
language : en
Publisher: Brill Mentis
Release Date : 2004
Meta Ethics Moral Objectivity And Law written by Veronica Rodriguez-Blanco and has been published by Brill Mentis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with History categories.
The book shows the relevance of meta-ethical and metaphysical considerations to determine the nature of law and the connection between objective moral and legal judgements. The investigation analyses the legal theories of Ronald Dworkin, Jürgen Habermas and Michael Moore. The conclusion of the scrutiny is that the discussed views fail to explain the plausible links between objective moral and legal judgements. The lesson to learn from the failure of these philosophical perspectives is that we need to revise fundamental meta-ethical conceptions within law. In addition to the view that meta-ethical and metaphysical considerations play a central role in our understanding of objective moral and legal judgements, we enforce the idea that it is necessary to revise our meta-ethical and metaphysical premises in jurisprudence. Epistemic and meta-ethical abstinence in legal theory, in this way, is challenged by a number of criticisms. The outcome of our reflection is that in legal theory, as in many other disciplines, we need to take truth and objectivity seriously.
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 socialconventions 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 aspectsof 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 Philosophy categories.
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
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Author : Villa-Rosas, Gonzalo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-10-18
Objectivity In Jurisprudence Legal Interpretation And Practical Reasoning written by Villa-Rosas, Gonzalo and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-18 with Law categories.
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.
Our Knowledge Of The Law
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Author : George Pavlakos
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-07-14
Our Knowledge Of The Law written by George Pavlakos and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-14 with Law categories.
In the long-standing debate between positivism and non-positivism, legal validity has always been a subject of controversy. While positivists deny that moral values play any role in the determination of legal validity, non-positivists affirm the opposite thesis. In departing from this narrow point of view, the book focuses on the notion of legal knowledge. Apart from what one takes to constitute the grounds of legal validity, there is a more fundamental issue about cognitive validity: how do we acquire knowledge of whatever is assumed to constitute the elements of legal validity? When the question is posed in this form a fundamental shift takes place. Given that knowledge is a philosophical concept, for anything to constitute an adequate ground for legal validity it must satisfy the standards set by knowledge. In exploring those standards the author argues that knowledge is the outcome of an activity of judging, which is constrained by reasons (reflexive). While these reasons may vary with the domain of judging, the reflexive structure of the practice of judging imposes certain constraints on what can constitute a reason for judging. Amongst these constraints are found not only general metaphysical limitations but also the fundamental principle that one with the capacity to judge is autonomous or, in other words, capable of determining the reasons that form the basis of action. One sees, as soon as autonomy has been introduced into the parameters of knowledge, that law is necessarily connected with every other practical domain. The author shows, in the end, that the issue of knowledge is orthogonal to questions about the inclusion or exclusion of morality, for what really matters is whether the putative grounds of legal validity are appropriate to the generation of knowledge. The outcome is far more integral than much work in current theory: neither an absolute deference to either universal moral standards or practice-independent values nor a complete adherence to conventionality and institutional arrangements will do. In suggesting that the current positivism versus non-positivism debate, when it comes to determining law's nature, misses the crux of the matter, the book aims to provoke a fertile new debate in legal theory. "George Pavlakos' engaging book tackles the fundamental question of what makes legal knowledge possible. Since all articulate thought has to conform to implicit rules of grammar, it is necessarily normatively structured. Thus normativity cannot be something external to human thinking that we study from the outside, but is intrinsic to all human practices (including the natural sciences). This insight opens up fascinating new lines of inquiry into the character of law and its relations to other normative domains." Professor Sir Neil MacCormick, Edinburgh University "With admirable analytical acumen, George Pavlakos underscores the practical character of legal knowledge as well as the importance of argumentation in legal theory. He rejects those approaches to the nature of law that rest on conventional criteria as well as those that turn on factors altogether independent of practice, developing instead the thesis that objectivity and knowledge emerge from practical activity reflecting the spontaneity of human reason. In light of this notion of legal cognition as a practical activity directed and constrained by reason, the law is seen as an enduring institution, jurisprudence as a humanistic discipline. A truly important work." Professor Dr. Robert Alexy, Christian-Albrechts-Universität zu Kiel
A New Objective Pro Objectivity Normative Theory
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Author : Frederick Farrand
language : en
Publisher: University Press of America
Release Date : 2011
A New Objective Pro Objectivity Normative Theory written by Frederick Farrand and has been published by University Press of America this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
Mostly theory. Arguing for an objective theory -- More preliminary discussion of practical applications -- Structural form -- Mostly practical applications. Further issues and applications -- Other further issues and applications.