Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning
Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning
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This book explores the concept of objectivity and its relationship to law and practical reasoning, featuring contributions from researchers from different legal contexts. It addresses topics relevant to legal practice and judicial practice, proposing a new account of the meaning of objectivity. The book is divided into three themes: the relationship between objectivity and jurisprudence, the functions of objectivity in legal interpretation, and the function of objectivity in practical reasoning. It offers scholarly insights and will be a valuable resource for scholars, graduate students, and practitioners in legal philosophy and legal theory.
Format: Hardback
Length: 312 pages
Publication date: 18 October 2022
Publisher: Edward Elgar Publishing Ltd
This captivating book delves into the intricate realm of objectivity, exploring its multifaceted nature and its profound connections to various aspects of law and practical reasoning. Drawing upon the expertise of an international cohort of researchers hailing from diverse legal backgrounds, it addresses topics that are both theoretically compelling and intimately intertwined with legal and judicial practices.
The book commences with an introductory chapter penned by the editors, which presents a fresh perspective on the essence of objectivity. This introductory chapter serves as a guiding thread, dividing the book into three broad themes that are illuminated by the proposed account of objectivity.
The first set of chapters delves into a range of issues related to the interplay between objectivity and jurisprudence. These chapters examine the challenges and complexities that arise when attempting to establish a coherent and impartial understanding of legal norms and principles. They explore the role of objectivity in shaping legal reasoning, the implications of different approaches to objectivity, and the ways in which it can contribute to the development of a more just and equitable legal system.
In the second part of the book, the focus shifts to analyzing the functions of objectivity in legal interpretation. The chapters explore the ways in which objectivity plays a crucial role in ensuring that legal decisions are based on sound reasoning and reliable evidence. They examine the criteria and standards that guide legal interpretation, the role of interpretive communities in shaping legal meanings, and the ways in which objectivity can promote consistency and predictability in legal outcomes.
The final section of the book addresses the function of objectivity in practical reasoning. The chapters explore the ways in which objectivity can be applied to real-world situations and decision-making processes. They examine the challenges and complexities that arise when individuals are faced with complex ethical dilemmas and the role of objectivity in helping individuals navigate these dilemmas in a principled and ethical manner.
Offering a rich tapestry of scholarly insights within a coherent and intellectually stimulating framework, this book is a must-read for scholars and graduate students engaged in legal philosophy and legal theory. Its comprehensive discussion of objectivity as it relates to legal practice and practical reasoning will also be of immense interest to practitioners, including judges, arbitrators, and lawyers, who seek to enhance their understanding of the legal profession and the role of objectivity in shaping legal outcomes.
Dimension: 234 x 156 (mm)
ISBN-13: 9781803922621
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