Objectivity In Law And Legal Reasoning
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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.
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.
Legal Reasoning And Objective Writing
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Author : Daniel L. Barnett
language : en
Publisher: Aspen Publishing
Release Date : 2016-02-29
Legal Reasoning And Objective Writing written by Daniel L. Barnett and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-29 with Law categories.
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.
Truth And Objectivity In Law And Morals Ii
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Author : André Ferreira Leite de Paula
language : en
Publisher: Franz Steiner Verlag Wiesbaden GmbH
Release Date : 2016
Truth And Objectivity In Law And Morals Ii written by André Ferreira Leite de Paula and has been published by Franz Steiner Verlag Wiesbaden GmbH this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
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.
Truth And Objectivity In Law And Morals
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Author : Hajime Yoshino
language : en
Publisher: Archiv für Rechts- und Sozialphilosophie (ARSP). Beihefte, Neue Folge
Release Date : 2016
Truth And Objectivity In Law And Morals written by Hajime Yoshino and has been published by Archiv für Rechts- und Sozialphilosophie (ARSP). Beihefte, Neue Folge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
This volume contains a selection of papers presented at the special workshop "Truth and Objectivity in Law and Morals," held at the 26th World Congress of the IVR. The papers deal with diverse but correlated issues such as the search for truth in and through legal argumentation; the intelligible character of rules inside theories of interpretation which guarantee the coherence and the integrity of law; the role of hermeneutic analysis in the construction of the objectivity of law; the procedural and contextual aspects of objectivity in legal reasoning; the role of objectivity in the distinction between the context of justification and the context of discovery; the problem about truth of normative propositions and legal statements; the incompatibility of non factualism with the traditional account of validity and legality; as well as the possibility of objectivity in morals.
Common Law Judging
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Author : Douglas E Edlin
language : en
Publisher: University of Michigan Press
Release Date : 2016-07-29
Common Law Judging written by Douglas E Edlin and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-29 with Political Science categories.
Moving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity
Legal Reasoning And Legal Theory
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Author : Neil MacCormick
language : en
Publisher: Clarendon Press
Release Date : 1994-08-11
Legal Reasoning And Legal Theory written by Neil MacCormick and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-08-11 with Law categories.
What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.
The Blackwell Guide To The Philosophy Of Law And Legal Theory
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Author : Martin P. Golding
language : en
Publisher: John Wiley & Sons
Release Date : 2008-04-15
The Blackwell Guide To The Philosophy Of Law And Legal Theory written by Martin P. Golding and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04-15 with Philosophy categories.
The Blackwell Guide to the Philosophy of Law and Legal Theory is a handy guide to the state of play in contemporary philosophy of law and legal theory. Comprises 23 essays critical essays on the central themes and issues of the philosophy of law today, written by an international assembly of distinguished philosophers and legal theorists Each essay incorporates essential background material on the history and logic of the topic, as well as advancing the arguments Represents a wide variety of perspectives on current legal theory
The Universal And The Particular In Legal Reasoning
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Author : Zenon Bankowski
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2006
The Universal And The Particular In Legal Reasoning written by Zenon Bankowski and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
It is twenty-five years since the publication of Neil MacCormick's book Legal Reasoning and Legal Theory, a book that has been in print continuously since its first publication. This book looks at how examining legal reasoning can bring up important theoretical and ethical issues, as MacCormick revisits the issues anew in his current work.