By Brian Leiter
ISBN-10: 052104149X
ISBN-13: 9780521041492
The seven unique essays integrated during this quantity provide a worldly point of view on concerns concerning the objectivity of felony interpretation and judicial decision-making. They study objectivity from either metaphysical and epistemological views and advance various techniques, confident and significant, to the basic difficulties of objectivity in morality. this can be the 1st quantity to think about the intersection among objectivity in ethics and the objectivity in legislations. It offers a state of the art survey of dwell matters in metaethics, and examines their relevance to theorizing approximately legislation and adjudication.
Read Online or Download Objectivity in Law and Morals PDF
Similar legal theory & systems books
Gender, Sexuality and Violence in Organizations: The Unspoken Forces of Organization Violations
This booklet brings jointly the subjects of gender, sexuality, violence and corporations. The authors synthesize the literature and study which has been performed in those fields and supply a coherent framework for figuring out the inter-relationship among those suggestions. the significance of violence and abuse, and especially men's violence to girls, young children and different males has been good verified, in particular via feminist and a few pro-feminist study.
The Measure of Injury: Race, Gender, and Tort Law
Tort legislations is the physique of legislation governing negligence, intentional misconduct, and different wrongful acts for which civil activities will be introduced. the normal knowledge is that the principles, strategies, and constructions of tort legislations are impartial and impartial, freed from concerns of gender and race. within the degree of harm, Martha Chamallas and Jennifer Wriggins end up that tort legislations is something yet gender and race impartial.
Hobbes's political inspiration provokes a perennial fascination. It has turn into fairly famous in recent times, with the surge of scholarly curiosity evidenced through a few monographs in political idea and philosophy. whilst, there was a flip in criminal scholarship in the direction of political thought in a manner that engages recognisably Hobbesian topics, for instance the connection among protection and liberty.
- The Pleadings Game: An Artificial Intelligence Model of Procedural Justice
- On Law and Reason
- Philosophical Foundations of the Law of Unjust Enrichment
- Concepts in Law and Economics: A Guide for the Curious
- The Political Writings of Samuel Pufendorf
Additional info for Objectivity in Law and Morals
Example text
Law legitimizes itself by legalizing parliamentary democracy. Many politicians are trained lawyers. Some separation of law and politics is suggested by the notion of the rule of law (Rechtsstaat): that politics is held legally accountable. But from the point of view of law, the rule of law adds nothing to positive law. It is a tautology: the rule of law consists of the rules of law. In light of the interpenetration of law and politics on so many levels (theoretical, operational, historical) what is the case for treating law and politics as separate autopoietic sub-systems of society?
This distinction would allow, for example, a successful appeal from a decision arising from an erroneous first-order observation. Secondly, there is the distinction between good and less good reasons for particular interpretations. The fact that second-order observation involves distinguishing between good and less good reasons, leads to theories of argumentation (a thirdorder level of observation, from outside the system) that seek to find reasons for reasons. This is a process of analysis that offers challenges to the concept of operative closure.
The secondary observation of legal coding (legal/illegal) which both develops and compares legal programmes is first and foremost a search for meaning based on consistency. Law's normative closure will have selected the facts and generated the cases that have to be observed using a scheme of equal/unequal. As such, the applications of the distinction equal/unequal within law will be unique to law. Ethics as a system would not select the same facts for the application of the distinction, and would thus not put the same things on either side of the distinction.