Law And Objectivity

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Law and Objectivity

Kent Greenawalt
Law and Objectivity Book PDF

Author : Kent Greenawalt
Publisher : Oxford University Press
Page : 301 pages
File Size : 48,8 Mb
Release : 1995-06-29
Category : Philosophy
ISBN : 9780195356922

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Law and Objectivity by Kent Greenawalt Pdf

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 Law

Nicos Stavropoulos
Objectivity in Law Book PDF

Author : Nicos Stavropoulos
Publisher : Oxford University Press
Page : 238 pages
File Size : 50,9 Mb
Release : 1996
Category : Law
ISBN : 0198258992

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Objectivity in Law by Nicos Stavropoulos Pdf

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 in Law and Morals

Brian Leiter
Objectivity in Law and Morals Book PDF

Author : Brian Leiter
Publisher : Cambridge University Press
Page : 368 pages
File Size : 42,6 Mb
Release : 2001
Category : Law
ISBN : 9780521554305

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Objectivity in Law and Morals by Brian Leiter Pdf

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

Matthew Kramer
Objectivity and the Rule of Law Book PDF

Author : Matthew Kramer
Publisher : Cambridge University Press
Page : 233 pages
File Size : 43,5 Mb
Release : 2007-06-11
Category : Philosophy
ISBN : 9781139463966

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Objectivity and the Rule of Law by Matthew Kramer Pdf

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

Tara Smith
Judicial Review in an Objective Legal System Book PDF

Author : Tara Smith
Publisher : Cambridge University Press
Page : 303 pages
File Size : 43,8 Mb
Release : 2015-07-30
Category : Law
ISBN : 9781107114494

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Judicial Review in an Objective Legal System by Tara Smith Pdf

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

Alain Pottage,Martha Mundy
Law Anthropology and the Constitution of the Social Book PDF

Author : Alain Pottage,Martha Mundy
Publisher : Cambridge University Press
Page : 324 pages
File Size : 40,9 Mb
Release : 2004-06-24
Category : Law
ISBN : 0521539455

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Law, Anthropology, and the Constitution of the Social by Alain Pottage,Martha Mundy Pdf

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.

Common Law Judging

Douglas E Edlin
Common Law Judging Book PDF

Author : Douglas E Edlin
Publisher : University of Michigan Press
Page : 281 pages
File Size : 41,5 Mb
Release : 2016-07-29
Category : Political Science
ISBN : 9780472130023

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Common Law Judging by Douglas E Edlin Pdf

Moving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity

Regulating from Nowhere

Douglas A. Kysar
Regulating from Nowhere Book PDF

Author : Douglas A. Kysar
Publisher : Yale University Press
Page : 332 pages
File Size : 42,6 Mb
Release : 2010-06-22
Category : Law
ISBN : 9780300163308

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Regulating from Nowhere by Douglas A. Kysar Pdf

Drawing insight from a diverse array of sources -- including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies -- Douglas Kysar offers a new theoretical basis for understanding environmental law and policy. He exposes a critical flaw in the dominant policy paradigm of risk assessment and cost-benefit analysis, which asks policymakers to, in essence, "regulate from nowhere." As Kysar shows, such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, and other forms of life. Indeed, world governments struggle to address climate change and other pressing environmental issues in large part because dominant methods of policy analysis obscure the central reasons for acting to ensure environmental sustainability. To compensate for these shortcomings, Kysar first offers a novel defense of the precautionary principle and other commonly misunderstood features of environmental law and policy. He then concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury we "can" afford.

Positive Law and Objective Values

Andrei Marmor
Positive Law and Objective Values Book PDF

Author : Andrei Marmor
Publisher : Oxford University Press
Page : 212 pages
File Size : 53,9 Mb
Release : 2001
Category : Law
ISBN : 0198268971

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Positive Law and Objective Values by Andrei Marmor Pdf

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.

How Hume and Kant Reconstruct Natural Law

Kenneth R. Westphal
How Hume and Kant Reconstruct Natural Law Book PDF

Author : Kenneth R. Westphal
Publisher : Oxford University Press
Page : 208 pages
File Size : 54,8 Mb
Release : 2016-04-07
Category : Philosophy
ISBN : 9780191064128

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How Hume and Kant Reconstruct Natural Law by Kenneth R. Westphal Pdf

Kenneth R. Westphal presents an original interpretation of Hume's and Kant's moral philosophies, the differences between which are prominent in current philosophical accounts. Westphal argues that focussing on these differences, however, occludes a decisive, shared achievement: a distinctive constructivist method to identify basic moral principles and to justify their strict objectivity, without invoking moral realism nor moral anti-realism or irrealism. Their constructivism is based on Hume's key insight that 'though the laws of justice are artificial, they are not arbitrary'. Arbitrariness in basic moral principles is avoided by starting with fundamental problems of social coördination which concern outward behaviour and physiological needs; basic principles of justice are artificial because solving those problems does not require appeal to moral realism (nor to moral anti-realism). Instead, moral cognitivism is preserved by identifying sufficient justifying reasons, which can be addressed to all parties, for the minimum sufficient legitimate principles and institutions required to provide and protect basic forms of social coördination (including verbal behaviour). Hume first develops this kind of constructivism for basic property rights and for government. Kant greatly refines Hume's construction of justice within his 'metaphysical principles of justice', whilst preserving the core model of Hume's innovative constructivism. Hume's and Kant's constructivism avoids the conventionalist and relativist tendencies latent if not explicit in contemporary forms of moral constructivism.

Objectivity: A Very Short Introduction

Stephen Gaukroger
Objectivity A Very Short Introduction Book PDF

Author : Stephen Gaukroger
Publisher : OUP Oxford
Page : 129 pages
File Size : 45,8 Mb
Release : 2012-05-24
Category : Philosophy
ISBN : 9780191642098

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Objectivity: A Very Short Introduction by Stephen Gaukroger Pdf

- Is objectivity possible? - Can there be objectivity in matters of morals, or tastes? - What would a truly objective account of the world be like? - Is everything subjective, or relative? - Are moral judgments objective or culturally relative? Objectivity is both an essential and elusive philosophical concept. An account is generally considered to be objective if it attempts to capture the nature of the object studied without judgement of a conscious entity or subject. Objectivity stands in contrast to subjectivity: an objective account is impartial, one which could ideally be accepted by any subject, because it does not draw on any assumptions, prejudices, or values of particular subjects. Stephen Gaukroger shows that it is far from clear that we can resolve moral or aesthetic disputes in this way and it has often been argued that such an approach is not always appropriate for disciplines that deal with human, rather than natural, phenomena. Moreover, even in those cases where we seek to be objective, it may be difficult to judge what a truly objective account would look like, and whether it is achievable. This Very Short Introduction demonstrates that there are a number of common misunderstandings about what objectivity is, and explores the theoretical and practical problems of objectivity by assessing the basic questions raised by it. As well as considering the core philosophical issues, Gaukroger also deals with the way in which particular understandings of objectivity impinge on social research, science, and art. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

A New, Objective, Pro-Objectivity Normative Theory

Frederick Farrand
A New Objective Pro Objectivity Normative Theory Book PDF

Author : Frederick Farrand
Publisher : University Press of America
Page : 222 pages
File Size : 51,6 Mb
Release : 2011
Category : Law
ISBN : 9780761852865

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A New, Objective, Pro-Objectivity Normative Theory by Frederick Farrand Pdf

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.

Objectivity in Law and Legal Reasoning

Jaakko Husa,Mark Van Hoecke
Objectivity in Law and Legal Reasoning Book PDF

Author : Jaakko Husa,Mark Van Hoecke
Publisher : Bloomsbury Publishing
Page : 278 pages
File Size : 42,6 Mb
Release : 2013-01-28
Category : Law
ISBN : 9781782250678

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Objectivity in Law and Legal Reasoning by Jaakko Husa,Mark Van Hoecke Pdf

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 & Diversity

Sandra Harding
Objectivity Diversity Book PDF

Author : Sandra Harding
Publisher : University of Chicago Press
Page : 232 pages
File Size : 49,5 Mb
Release : 2015-05-18
Category : Science
ISBN : 9780226241531

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Objectivity & Diversity by Sandra Harding Pdf

Worries about scientific objectivity seem never-ending. Social critics and philosophers of science have argued that invocations of objectivity are often little more than attempts to boost the status of a claim, while calls for value neutrality may be used to suppress otherwise valid dissenting positions. Objectivity is used sometimes to advance democratic agendas, at other times to block them; sometimes for increasing the growth of knowledge, at others to resist it. Sandra Harding is not ready to throw out objectivity quite yet. For all of its problems, she contends that objectivity is too powerful a concept simply to abandon. In Objectivity and Diversity, Harding calls for a science that is both more epistemically adequate and socially just, a science that would ask: How are the lives of the most economically and politically vulnerable groups affected by a particular piece of research? Do they have a say in whether and how the research is done? Should empirically reliable systems of indigenous knowledge count as "real science"? Ultimately, Harding argues for a shift from the ideal of a neutral, disinterested science to one that prizes fairness and responsibility.

Meta-ethics, Moral Objectivity and Law

Veronica Rodriguez-Blanco
Meta ethics Moral Objectivity and Law Book PDF

Author : Veronica Rodriguez-Blanco
Publisher : Brill Mentis
Page : 212 pages
File Size : 43,9 Mb
Release : 2004
Category : History
ISBN : UOM:39015063264256

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Meta-ethics, Moral Objectivity and Law by Veronica Rodriguez-Blanco Pdf

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.