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.

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Yes, you can access Objectivity in Law and Legal Reasoning by Jaakko Husa, Mark Van Hoecke, Jaakko Husa, Mark Van Hoecke in PDF and/or ePUB format, as well as other popular books in Law & Jurisprudence. We have over one million books available in our catalogue for you to explore.

Information

Publisher

Hart Publishing

Year

2013

ISBN

9781782250678

Edition

Topic

Law

Subtopic

Jurisprudence

Index

Law

Prelims
Preface
Contents
List of Contributors
I. Introduction
1. Objectivity in Law and Jurisprudence
II. Objectivity of Legal Theory
2. Can Legal Theory Be Objective?
3. The Impossibility of an Outsider's Perspective
III. Legal Reasoning
4. Objective Legal Reasoning - Objectivity Without Objects
5. Legal Certainty as an Element of Objectivity in Law
6. Objective Rules of Argumentation
7. Easy Cases and Objective Interpretation
IV. Human Behaviour and its Objective Foundation
8. Can Inalienable Rights Provide an Objective Foundation for Law and Morality?
9. Objectivity and the Law's Assumptions about Human Behaviour
V. (Legal) Cultures
10. Kaleidoscopic Cultural Views and Legal Theory - Dethroning the Objectivity?
11. Translators and Legal Comparatists as Objective Mediators between Cultures?
12. Legal Science Challenged by Cultural Paradigms: 'Subjective Objectivity' in Legal Scholarship
Index