Objectivity In Law
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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.
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 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.
Law Anthropology And The Constitution Of The Social
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Author : Alain Pottage
language : en
Publisher: Cambridge University Press
Release Date : 2004-06-24
Law Anthropology And The Constitution Of The Social written by Alain Pottage 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 2004-06-24 with Law categories.
This collection of interdisciplinary essays explores how persons and things - the central elements of the social - are fabricated by legal rituals and institutions. The contributors, legal and anthropological theorists alike, focus on a set of specific institutional and ethnographic contexts, and some unexpected and thought-provoking analogies emerge from this intellectual encounter between law and anthropology. For example, contemporary anxieties about the legal status of the biotechnological body seem to resonate with the questions addressed by ancient Roman law in its treatment of dead bodies. The analogy between copyright and the transmission of intangible designs in Melanesia suddenly makes western images of authorship seem quite unfamiliar. A comparison between law and laboratory science presents the production of legal artefacts in new light. These studies are of particular relevance at a time when law, faced with the inventiveness of biotechnology, finds it increasingly difficult to draw the line between persons and things.
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."
Objectivity A Very Short Introduction
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Author : Stephen Gaukroger
language : en
Publisher: Oxford University Press
Release Date : 2012-05-24
Objectivity A Very Short Introduction written by Stephen Gaukroger 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 2012-05-24 with Philosophy categories.
Objectivity is both an essential and elusive philosophical concept. This Very Short Introduction explores the theoretical and practical problems raised by objectivity, and also deals with the way in which particular understandings of objectivity impinge on social research, science, and art.
Objectivity In Law And Legal Reasoning
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Author : Jaakko Husa
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-01-28
Objectivity In Law And Legal Reasoning written by Jaakko Husa and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-28 with Law categories.
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.
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.