Objectivity in Law and Morals

Objectivity in Law and Morals
Author :
Publisher : Cambridge University Press
Total Pages : 368
Release :
ISBN-10 : 9780521554305
ISBN-13 : 0521554306
Rating : 4/5 (05 Downloads)

Synopsis Objectivity in Law and Morals by : Brian Leiter

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.

Law and Objectivity

Law and Objectivity
Author :
Publisher : Oxford University Press
Total Pages : 301
Release :
ISBN-10 : 9780195356922
ISBN-13 : 0195356926
Rating : 4/5 (22 Downloads)

Synopsis Law and Objectivity by : Kent Greenawalt

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 and the Rule of Law

Objectivity and the Rule of Law
Author :
Publisher : Cambridge University Press
Total Pages : 233
Release :
ISBN-10 : 9781139463966
ISBN-13 : 1139463969
Rating : 4/5 (66 Downloads)

Synopsis Objectivity and the Rule of Law by : Matthew Kramer

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.

A New, Objective, Pro-Objectivity Normative Theory

A New, Objective, Pro-Objectivity Normative Theory
Author :
Publisher : University Press of America
Total Pages : 222
Release :
ISBN-10 : 9780761852865
ISBN-13 : 0761852867
Rating : 4/5 (65 Downloads)

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

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

Objectivity in Law
Author :
Publisher : Oxford University Press
Total Pages : 238
Release :
ISBN-10 : 0198258992
ISBN-13 : 9780198258995
Rating : 4/5 (92 Downloads)

Synopsis Objectivity in Law by : Nicos Stavropoulos

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.

Meta-ethics, Moral Objectivity and Law

Meta-ethics, Moral Objectivity and Law
Author :
Publisher : Brill Mentis
Total Pages : 212
Release :
ISBN-10 : UOM:39015063264256
ISBN-13 :
Rating : 4/5 (56 Downloads)

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

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.

Objectivity in Ethics and Law

Objectivity in Ethics and Law
Author :
Publisher : Ashgate Publishing
Total Pages : 440
Release :
ISBN-10 : STANFORD:36105063654920
ISBN-13 :
Rating : 4/5 (20 Downloads)

Synopsis Objectivity in Ethics and Law by : Michael S. Moore

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.

Judicial Review in an Objective Legal System

Judicial Review in an Objective Legal System
Author :
Publisher : Cambridge University Press
Total Pages : 303
Release :
ISBN-10 : 9781107114494
ISBN-13 : 1107114497
Rating : 4/5 (94 Downloads)

Synopsis Judicial Review in an Objective Legal System by : Tara Smith

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
Author :
Publisher : Oxford University Press
Total Pages : 212
Release :
ISBN-10 : 0198268971
ISBN-13 : 9780198268970
Rating : 4/5 (71 Downloads)

Synopsis Positive Law and Objective Values by : Andrei Marmor

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.

The Catholic Thing

The Catholic Thing
Author :
Publisher :
Total Pages : 0
Release :
ISBN-10 : 1587311054
ISBN-13 : 9781587311055
Rating : 4/5 (54 Downloads)

Synopsis The Catholic Thing by : Robert Royal

The Catholic "thing" - the concrete historical reality of Catholicism as a presence in human history - is the richest cultural tradition in the world. It values both faith and reason, and therefore has a great deal to say about politics and economics, war and peace, manners and morals, children and families, careers and vocations, and many other perennial and contemporary questions. In addition, it has inspired some of the greatest art, music, and architecture, while offering unparalleled human solidarity to tens of millions through hospitals, soup kitchens, schools, universities, and relief services. This volume brings together some of the very best commentary on a wide range of recent events and controversies by some of the very best Catholic writers in the English language: Ralph McInerny, Michael Novak, Fr. James V. Schall, Hadley Arkes, Robert Royal, Anthony Esolen, Brad Miner, George Marlin, David Warren, Austin Ruse, Francis Beckwith, and many others. Their contributions cover large Catholic subjects such as philosophy and theology, liturgy and Church dogma, postmodern culture, the Church and modern politics, literature, and music. But they also look into specific contemporary problems such as religious liberty, the role of Catholic officials in public life, growing moral hazards in bio-medical advances, and such like. The Catholic Thing is a virtual encyclopedia of Catholic thought about modern life.