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Author: Brian Leiter
Publisher: Cambridge University Press
ISBN: 0521554306
Category : Law
Languages : en
Pages : 368
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Book Description
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.
Author: Brian Leiter
Publisher: Cambridge University Press
ISBN: 0521554306
Category : Law
Languages : en
Pages : 368
Get Book Here
Book Description
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.
Author: Michael S. Moore
Publisher: Ashgate Publishing
ISBN:
Category : Law
Languages : en
Pages : 440
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Book Description
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.
Author: Veronica Rodriguez-Blanco
Publisher: Brill Mentis
ISBN:
Category : History
Languages : en
Pages : 212
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Book Description
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.
Author: Nicos Stavropoulos
Publisher: Oxford University Press
ISBN: 9780198258995
Category : Law
Languages : en
Pages : 238
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Book Description
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.
Author: Matthew Kramer
Publisher: Cambridge University Press
ISBN: 1139463969
Category : Philosophy
Languages : en
Pages : 233
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Book Description
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.
Author: Kent Greenawalt
Publisher: Oxford University Press
ISBN: 0195356926
Category : Philosophy
Languages : en
Pages : 301
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Book Description
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.
Author: Manuela Mühlbauer
Publisher: GRIN Verlag
ISBN: 3638751163
Category :
Languages : en
Pages : 38
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Book Description
Seminar paper from the year 2004 in the subject Business economics - Business Ethics, Corporate Ethics, grade: 2, 85%, University of Applied Sciences Chur (SSTH Swiss School of Tourism and Hospitality, Chur), course: MBA, 7 entries in the bibliography, language: English, abstract: The topic of this paper might lead the cursory reader to the assumption that this is another countless academic paper about "Ethic." But "Ethic" is a topic, which is more than a current interest, and it belongs to each of us. The literature today tends to value independence, encouraging people to become liberated and do their own thing. The reality is that we are interdependent, and the independent model is not optimal for use in an interdependent environment that requires leaders and team players. Sometimes it is necessary to take a deeper look into value systems of persons, environments, and organizations. The main question is "How can people survive with integrity in the business environment?" and "How can organizations provide the employees with the necessary support for ethical behaviour in companies'." The problem with relying on the Personality Ethic is that unless the basic underlying paradigms are right, simply changing outward behaviour is not effective. We see the world based on our perspective, which can have a dramatic impact on the way we perceive things. The character Ethic assumes that there are some absolute principles that exist in all human beings. Some examples of such principles are fairness, honesty, integrity, human dignity, potential and growth. Sometimes principles contrast with practices in that practices arte for specific situations whereas principles have universal application. And especial for these situations it is necessary to have a "code of conduct" to lead the organization into an ethical direction, and to give the right support.
Author: Kent Greenawalt
Publisher: Oxford University Press
ISBN: 0195098331
Category : Philosophy
Languages : en
Pages : 301
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Book Description
A third involves appropriate levels of generality for legal standards, and the claim of some feminists that in its abstractness and generality the law is overly "masculine."
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
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.
Author: Jaakko Husa
Publisher: Bloomsbury Publishing
ISBN: 1782250670
Category : Law
Languages : en
Pages : 278
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Book Description
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.
