Objectivity In Ethics And Law Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Objectivity In Ethics And Law book. This book definitely worth reading, it is an incredibly well-written.
Objectivity in Ethics and Law by Michael S. Moore Pdf
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.
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.
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.
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 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.
Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning by Villa-Rosas, Gonzalo,Fabra-Zamora, Jorge L. Pdf
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.
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 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.
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.
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
Truth and Objectivity in Law and Morals II by André Ferreira Leite de Paula,Andrés Santacoloma Santacoloma,Gonzalo Villa Rosas Pdf
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.
Law: Metaphysics, Meaning, and Objectivity by Anonim Pdf
Papers in philosophy of law by some of the younger cutting-edge contributors to the field. Two sets of issues of crucial current importance are taken up. The first part deals with issues of meaning and objectivity in the metaphysics of law. The second part is about rights theory. This volume will be required reading for anyone interested in philosophy of law, and also of use for those with broader interests in ethics, metaethics, and social and political philosophy.
The Illusion of Objectivity, the Question of Ethics, Or Give the Right Support by Manuela Mühlbauer Pdf
Seminar paper from the year 2004 in the subject Business economics - Business Ethics, Corporate Ethics, grade: 2, 85%, University of Applied Sciences Chur (SSTH Swiss School of Tourism and Hospitality, Chur), course: MBA, 7 entries in the bibliography, language: English, abstract: The topic of this paper might lead the cursory reader to the assumption that this is another countless academic paper about "Ethic." But "Ethic" is a topic, which is more than a current interest, and it belongs to each of us. The literature today tends to value independence, encouraging people to become liberated and do their own thing. The reality is that we are interdependent, and the independent model is not optimal for use in an interdependent environment that requires leaders and team players. Sometimes it is necessary to take a deeper look into value systems of persons, environments, and organizations. The main question is "How can people survive with integrity in the business environment?" and "How can organizations provide the employees with the necessary support for ethical behaviour in companies'." The problem with relying on the Personality Ethic is that unless the basic underlying paradigms are right, simply changing outward behaviour is not effective. We see the world based on our perspective, which can have a dramatic impact on the way we perceive things. The character Ethic assumes that there are some absolute principles that exist in all human beings. Some examples of such principles are fairness, honesty, integrity, human dignity, potential and growth. Sometimes principles contrast with practices in that practices arte for specific situations whereas principles have universal application. And especial for these situations it is necessary to have a "code of conduct" to lead the organization into an ethical direction, and to give the right support.
Author : Frederick Farrand Publisher : University Press of America Page : 222 pages File Size : 44,5 Mb Release : 2011 Category : Law ISBN : 9780761852865
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.
Truth and Objectivity in Law and Morals by Hajime Yoshino,Andrés Santacoloma Santacoloma,Gonzalo Villa Rosas Pdf
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.
