Objectivity In Jurisprudence Legal Interpretation And Practical Reasoning
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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.
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.
New Essays On The Fish Dworkin Debate
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Author : Thomas Bustamante
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-08-24
New Essays On The Fish Dworkin Debate written by Thomas Bustamante and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-24 with Law categories.
This book considers the seminal debate in jurisprudence between Ronald Dworkin and Stanley Fish. It looks at the exchange between Dworkin and Fish, initiated in the 1980s, and analyses the role the exchange has played in the development of contemporary theories of interpretation, legal reasoning, and the nature of law. The book encompasses 4 key themes of the debate between these authors: legal theory and its critical role, interpretation and critical constraints, pragmatism and interpretive communities, and some general implications of the debate for issues like the nature of legal theory and the possibility of objectivity. The collection brings together prominent legal theorists and one of the protagonists of the debate: Professor Stanley Fish, who concludes the collection with an interview in which he discusses the main topics discussed in the collection.
Law Time And Historical Injustices
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Author : Harison Citrawan
language : en
Publisher: Taylor & Francis
Release Date : 2024-12-09
Law Time And Historical Injustices written by Harison Citrawan and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-09 with Law categories.
This book provides a critical assessment of how judges reason in the adjudication of historical injustices. The practice of adjudication in historical cases of injustice require that, in determining collective responsibility, judges impart meaning to past injuries. This book analyses the narrative mechanisms through which this meaning is produced. Focusing on three areas of adjudication–racial discrimination, post-colonial extractivism and the climate crisis–the book’s analysis focuses on the issue of time. It considers the interplay of how historical injustice adjudication is shaped by temporal presuppositions and how it enacts a particular idea of temporality. As experiences of injustice are narrated, the book demonstrates how some of those experiences are included and others are excluded within the process of adjudication. Drawing on legal theory, legal epistemology and the philosophy of time, the book thus offers an instructive, and provocative, account of how collective responsibility is determined in cases of historical injustice. This book will appeal to scholars working in the fields of legal theory, legal reasoning, socio-legal studies, comparative jurisprudence and transitional justice.
Metaethical Issues In Contemporary Legal Philosophy
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Author : Stefano Bertea
language : en
Publisher: Taylor & Francis
Release Date : 2024-12-31
Metaethical Issues In Contemporary Legal Philosophy written by Stefano Bertea and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-31 with Law categories.
This volume explores the importance of constitutivism for legal studies. Constitutivism is the view that the normative force, or authority, of practical reasons is grounded in principles, capacities, aims, or functions that are essential to, and thus constitutive of, agency. While the implications that the constitutivist approach has on the fundamental metaethical disputes and central ethical debates have been extensively explored, the literature on the relations between constitutivism and law remains scarce, unsystematic, and sporadic. This collection brings together world-renowned practical philosophers and legal theorists to fill a noticeable gap in the literature. The authors systematically and innovatively address key dimensions of the relationships between constitutivism and the theoretical study of law, as well as programmatically offering novel insights into the conceptual connections between constitutivist claims, fundamental legal concepts and practices, legal issues, and, ultimately, the law as a distinctive concept. The book will be of interest to academics and researchers working in the areas of Legal Philosophy, Legal Theory, Jurisprudence, Moral Philosophy and Metaethics.
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.
Between Text Meaning And Legal Languages
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Author : Jan Engberg
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2023-12-04
Between Text Meaning And Legal Languages written by Jan Engberg and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-04 with Language Arts & Disciplines categories.
This collection on legal interpretation in a broad sense presents state-of-the-art linguistic approaches that are applied for studying interpretation and meaning generation in various legal settings. It covers different aspects of the concepts like judicial dissent, court argumentation, investigating sociological meaning, or comparing legal meaning in comparative law. Scholars can turn to the volume for methods and findings to ground their own inquiries, and students will find guides to topics and methods in the field of law, meaning generation, and language.
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."
Kelsen S Legacy
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Author : Jorge Emilio Núñez
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-02-20
Kelsen S Legacy written by Jorge Emilio Núñez and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-20 with Law categories.
This volume offers a comprehensive examination of Hans Kelsen's legal and political philosophy, focusing on four central themes. The first part analyses Kelsen's theory of norms, including its periodisation and concepts of validity and coercion. The second part explores his perspectives on international law, addressing its structural analysis, primitive law characterisation, and teleology. The third part examines Kelsen's theory of democracy, its relationship with the pure theory of law, collective will, and democratisation of the administration. The final part discusses Kelsen's influence on the Vienna School of Legal Theory and its impact on case law and jurisprudence beyond Europe. This collection is essential for scholars and practitioners seeking to understand Kelsen's legacy.
Legal Hermeneutics
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Author : Gregory Leyh
language : en
Publisher: Univ of California Press
Release Date : 2023-09-01
Legal Hermeneutics written by Gregory Leyh and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-01 with Political Science categories.
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1992.