Objectivity and the Rule of Law

Objectivity and the Rule of Law PDF

Author: Matthew Kramer

Publisher: Cambridge University Press

Published: 2007-06-11

Total Pages: 233

ISBN-13: 1139463969

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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 and the Rule of Law

Objectivity and the Rule of Law PDF

Author: Matthew H. Kramer

Publisher:

Published: 2007

Total Pages: 264

ISBN-13: 9780511289989

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Kramer lucidly addresses some of the principal questions in this vital area of philosophical enquiry.

Objectivity and the Rule of Law. Cambridge Introduction to Philosophy and Law

Objectivity and the Rule of Law. Cambridge Introduction to Philosophy and Law PDF

Author: Professor of Legal and Political Philosophy Matthew H Kramer

Publisher:

Published: 2014-05-14

Total Pages: 263

ISBN-13: 9780511290589

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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

Judicial Review in an Objective Legal System PDF

Author: Tara Smith

Publisher: Cambridge University Press

Published: 2015-07-30

Total Pages: 303

ISBN-13: 1107114497

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This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.

Positive Law and Objective Values

Positive Law and Objective Values PDF

Author: Andrei Marmor

Publisher: Oxford University Press

Published: 2001

Total Pages: 212

ISBN-13: 9780198268970

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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.

Law and Objectivity

Law and Objectivity PDF

Author: Kent Greenawalt

Publisher: Oxford University Press

Published: 1995-06-29

Total Pages: 301

ISBN-13: 0195356926

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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

Objectivity in Law PDF

Author: Nicos Stavropoulos

Publisher: Oxford University Press

Published: 1996

Total Pages: 238

ISBN-13: 9780198258995

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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

Objectivity in Law and Morals PDF

Author: Brian Leiter

Publisher: Cambridge University Press

Published: 2001

Total Pages: 368

ISBN-13: 0521554306

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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.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Objectivity: A Very Short Introduction

Objectivity: A Very Short Introduction PDF

Author: Stephen Gaukroger

Publisher: OUP Oxford

Published: 2012-05-24

Total Pages: 129

ISBN-13: 0191642096

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- 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.