Download or read book Objectivity in Ethics and Law written by Michael S. Moore and published by Ashgate Publishing. This book was released on 2004 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Objectivity in Law and Morals written by Brian Leiter and published by Cambridge University Press. This book was released on 2001 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Objectivity in Law written by Nicos Stavropoulos and published by Oxford University Press. This book was released on 1996 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Objectivity and the Rule of Law written by Matthew Kramer and published by Cambridge University Press. This book was released on 2007-06-11 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Positive Law and Objective Values written by Andrei Marmor and published by Oxford University Press. This book was released on 2001 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Meta ethics Moral Objectivity and Law written by Veronica Rodriguez-Blanco and published by Brill Mentis. This book was released on 2004 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law and Objectivity written by Kent Greenawalt and published by Oxford University Press. This book was released on 1995-06-29 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."
Download or read book Objectivity in Law and Legal Reasoning written by Jaakko Husa and published by Bloomsbury Publishing. This book was released on 2013-01-28 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Illusion of Objectivity the Question of Ethics Or Give the Right Support written by Manuela Mühlbauer and published by GRIN Verlag. This book was released on 2007-11 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Truth and Objectivity in Law and Morals II written by André Ferreira Leite de Paula and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Objectivity and truth are highly contested issues in contemporary Legal and Moral Philosophy. There are a full range of approaches, from the very skeptic and pessimistic positions, to the most contemplative and optimistic conceptions, which defend their possibility not only within the theoretical but also within the practical thought. Any possible approach should be diverse enough in order to integrate, among others, the concepts of facts, existence, justifiability, language, emotions, disagreement, and a degree of relatedness between law and morals. This book addresses these topics from various points of view. It is comprised of a selection of the papers presented at the Second Special Workshop "Truth and Objectivity in Law and Morals" held at the 27th World Congress of the IVR in Washington, D.C., USA, 2015. The compilation is divided into four parts that focus on objectivity and truth in law, legal reasoning, and Kelsen's Theory of Law as well as objectivity and truth in morals.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Our Knowledge of the Law written by George Pavlakos and published by . This book was released on 2007 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the long-standing debate between positivism and non-positivism, legal validity has always been a subject of controversy. While positivists deny that moral values play any role in the determination of legal validity, non-positivists affirm the opposite thesis. In departing from this narrow point of view, the book focuses on the notion of legal knowledge. Apart from what one takes to constitute the grounds of legal validity, there is a more fundamental issue about cognitive validity: how do we acquire knowledge of whatever is assumed to constitute the elements of legal validity? When the question is posed in this form a fundamental shift takes place. Given that knowledge is a philosophical concept, for anything to constitute an adequate ground for legal validity it must satisfy the standards set by knowledge. In exploring those standards the author argues that knowledge is the outcome of an activity of judging, which is constrained by reasons (reflexive). While these reasons may vary with the domain of judging, the reflexive structure of the practice of judging imposes certain constraints on what can constitute a reason for judging. Amongst these constraints are found not only general metaphysical limitations but also the fundamental principle that one with the capacity to judge is autonomous or, in other words, capable of determining the reasons that form the basis of action. One sees, as soon as autonomy has been introduced into the parameters of knowledge, that law is necessarily connected with every other practical domain. The author shows, in the end, that the issue of knowledge is orthogonal to questions about the inclusion or exclusion of morality, for what really matters is whether the putative grounds of legal validity are appropriate to the generation of knowledge. The outcome is far more integral than much work in current theory: neither an absolute deference to either universal moral standards or practice-independent values nor a complete adherence to conventionality and institutional arrangements will do. In suggesting that the current positivism versus non-positivism debate, when it comes to determining law's nature, misses the crux of the matter, the book aims to provoke a fertile new debate in legal theory.
Download or read book Law Metaphysics Meaning and Objectivity written by and published by BRILL. This book was released on 2007-01-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers in philosophy of law by some of the younger cutting-edge contributors to the field. Two sets of issues of crucial current importance are taken up. The first part deals with issues of meaning and objectivity in the metaphysics of law. The second part is about rights theory. This volume will be required reading for anyone interested in philosophy of law, and also of use for those with broader interests in ethics, metaethics, and social and political philosophy.
Download or read book Judicial Review in an Objective Legal System written by Tara Smith and published by Cambridge University Press. This book was released on 2015-08-07 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should courts interpret the law? While all agree that courts must be objective, people differ sharply over what this demands in practice: fidelity to the text? To the will of the people? To certain moral ideals? In Judicial Review in an Objective Legal System, Tara Smith breaks through the false dichotomies inherent in dominant theories - various forms of originalism, living constitutionalism, and minimalism - to present a new approach to judicial review. She contends that we cannot assess judicial review in isolation from the larger enterprise of which it is a part. By providing careful clarification of both the function of the legal system as well as of objectivity itself, she produces a compelling, firmly grounded account of genuinely objective judicial review. Smith's innovative approach marks a welcome advance for anyone interested in legal objectivity and individual rights.
Download or read book Objectivity and the Rule of Law written by Matthew H. Kramer and published by . This book was released on 2007 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kramer lucidly addresses some of the principal questions in this vital area of philosophical enquiry.
Download or read book A New Objective Pro Objectivity Normative Theory written by Frederick Farrand and published by University Press of America. This book was released on 2010-10-29 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New, Objective, Pro-Objectivity Normative Theory tries to solve fundamental normative moral, social, political, educational, legal, etc. problems. It defends a uniquely evidence-based, objective theory. The theory argues it has one objective, primary end, and plural a-objective, secondary ends irrelevant to that end. The theory's basis permits great liberty as well as cultural, sexual, artistic, lifestyle, and much other diversity regarding secondary ends. The primary end is a general principle implying non-sexism, non-racism, types of happiness, freedom, education, sympathy, peace, democracy, altruism, flourishing, fairness, and much more. Emotions and various other subjective experiences are considered important. Part II discusses such specific practical applications at length. Part I mainly explains and defends the theory's foundation and general guidelines. One guideline prescribes applying the theory's rationally-critical approach to the theory, stressing that fallibilism and skepticism may be appropriate regarding some suggested specifics —- but that future research can increasingly avoid problems here.
Download or read book Objectivity and the Rule of Law Cambridge Introduction to Philosophy and Law written by Professor of Legal and Political Philosophy Matthew H Kramer and published by . This book was released on 2014-05-14 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
