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Objectivity in Law and Legal Reasoning: European Academy of Legal Theory Series

Editat de Jaakko Husa, Mark Van Hoecke
en Limba Engleză Hardback – 27 ian 2013
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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Specificații

ISBN-13: 9781849464413
ISBN-10: 1849464413
Pagini: 278
Dimensiuni: 156 x 234 x 15 mm
Greutate: 0.57 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria European Academy of Legal Theory Series

Locul publicării:London, United Kingdom

Caracteristici

The essays in the collection come from a variety of perspectives and seek to highlight that legal theory is unavoidably confronted with varying conceptions of law which limit the possibilities of 'objectivity' in law and in legal reasoning.Written by experts in the field this book will be interesting reading for legal theorists.

Notă biografică

Jaakko Husa is Professor of Legal Culture and Legal Linguistics at the University of Lapland.Mark Van Hoecke is Research Professor of Legal Theory and Comparative Law at the University of Ghent.

Cuprins

I. Introduction 1. Objectivity in Law and Jurisprudence Mark Van HoeckeII. Objectivity of Legal Theory 2. Can Legal Theory Be Objective? Jaap Hage3. The Impossibility of an Outsider's Perspective Pauline C WestermanIII. Legal Reasoning 4. Objective Legal Reasoning-Objectivity Without Objects Matti Ilmari Niemi5. Legal Certainty as an Element of Objectivity in Law Juha Raitio6. Objective Rules of Argumentation Bertjan Wolthuis7. Easy Cases and Objective Interpretation Niko SoininenIV. Human Behaviour and its Objective Foundation 8. Can Inalienable Rights Provide an Objective Foundation for Law and Morality? Maija Aalto-Heinilä9. Objectivity and the Law's Assumptions about Human Behaviour Péter CserneV. (Legal) Cultures 10. Kaleidoscopic Cultural Views and Legal Theory-Dethroning the Objectivity? Jaakko Husa11. Translators and Legal Comparatists as Objective Mediators between Cultures? Caroline Laske12. Legal Science Challenged by Cultural Paradigms: 'Subjective Objectivity' in Legal Scholarship Mustapha El Karouni

Descriere

This book questions critically, in novel ways and from various perspectives, the possibilities of objectivity of legal theory in the 21st century.