Objectivity in law and legal reasoning / edited by Jaakko Husa and Mark van Hoecke.

Format:

Book

Conference/Event

Author/Creator:

Benelux-Scandinavian Symposium in Legal Theory, Corporate Author.

Contributor:

Hoecke, Mark van, editor.

Husa, Jaakko, editor.

Conference Name:

Benelux-Scandinavian Symposium in Legal Theory (6th : 2011 : Rovaniemi, Finland)

Benelux-Scandinavian Symposium in Legal Theory

Series:

European Academy of Legal Theory series.

European Academy of Legal Theory monograph series

Language:

English

Subjects (All):

Law--Methodology--Congresses.

Law.

Objectivity--Congresses.

Objectivity.

Physical Description:

1 online resource (561 p.)

Edition:

1st ed.

Place of Publication:

Oxford ; Portland, OR : Hart Publishing, 2013.

Language Note:

English

Summary:

"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."--Bloomsbury Publishing.

Contents:

Objectivity in law and jurisprudence / Mark Van Hoecke

Can legal theory be objective? / Jaap Hage

The impossibility of an outsider's perspective / Pauline C. Westerman

Objective legal reasoning : objectivity without objects / Matti Ilmari Niemi

Legal certainty as an element of objectivity in law / Juha Raitio

Objective rules of argumentation / Bertjan Wolthuis

Easy cases and objective interpretation / Niko Soininen

Can inalienable rights provide an objective foundation for law and morality? / Maija Aalto-Heinilä

Objectivity and the law's assumptions about human behaviour / Peter Cserne

Kaleidoscopic cultural views and legal theory : dethroning the objectivity? / Jaakko Husa

Translators and legal comparatists as objective mediators between cultures? / Caroline Laske

Legal science challenged by cultural paradigms : "subjective objectivity" in legal scholarship / Mustapha El Karouni.

Notes:

"A selection of papers presented in an earlier version at the 6th Benelux-Scandinavian Symposium on Legal Theory, held in Rovaniemi (Lapland) on 8-10 June 2011"--Preface.

Includes bibliographical references and index.

ISBN:

9781472566331

1472566335

9781782250678

1782250670

OCLC:

843642795