Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning PDF Download

Author: Villa-Rosas, Gonzalo
Publisher: Edward Elgar Publishing
ISBN: 180392263X
Category : Law
Languages : en
Pages : 313

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Book Description
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.

Author: Kent Greenawalt
Publisher: Oxford University Press
ISBN: 0195356926
Category : Philosophy
Languages : en
Pages : 301

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Book Description
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.

Author: Nicos Stavropoulos
Publisher: Oxford University Press
ISBN: 9780198258995
Category : Law
Languages : en
Pages : 238

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Book Description
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.

Author: Jaakko Husa
Publisher: Bloomsbury Publishing
ISBN: 1782250670
Category : Law
Languages : en
Pages : 278

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Book Description
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.

Author: Nicos Stavropoulos
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 570

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Author: Fernando Atria Lemaitre
Publisher: Routledge
ISBN: 1351770101
Category : Social Science
Languages : en
Pages : 837

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Book Description
This title was first published in 2003. Leading contemporary essays on interpretation are assembled in this volume, which offsets them against a small number of "classical" works from earlier periods. It has long been recognized that textual sources (constitutions, statutes, precedents, commentaries) are central to developed systems of law and that interpretation of such texts is one highly important element in adjudication, legal practice and legal scholarship. Scholars have also contended that the totality of legal activity is "interpretive" in a wider sense and debates about objectivity have raged. The reasons for this development are here critically scrutinized.

Author: Matthew Kramer
Publisher: Cambridge University Press
ISBN: 1139463969
Category : Philosophy
Languages : en
Pages : 233

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Book Description
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.

Author: Hajime Yoshino
Publisher: Archiv für Rechts- und Sozialphilosophie (ARSP). Beihefte, Neue Folge
ISBN: 9783515112604
Category : Law
Languages : en
Pages : 158

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Book Description
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.

Author: Michael S. Moore
Publisher: Ashgate Publishing
ISBN:
Category : Law
Languages : en
Pages : 440

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Book Description
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.

Author: André Ferreira Leite de Paula
Publisher: Franz Steiner Verlag Wiesbaden GmbH
ISBN: 9783515114844
Category : Law
Languages : en
Pages : 0

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Book Description
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.