Law and Objectivity / Edition 1

Law and Objectivity / Edition 1

by Kent Greenawalt
     
 

Is law "objective?" Should law be objective? These questions continue to generate argument and confusion. In recent times a belief in the objectivity of law has been undermined by skepticism about legal institutions and ideals of unbiased evaluation, and a conviction that language is necessarily indeterminate. In this book, leading legal philosopher Kent Greenawalt… See more details below

Overview

Is law "objective?" Should law be objective? These questions continue to generate argument and confusion. In recent times a belief in the objectivity of law has been undermined by skepticism about legal institutions and ideals of unbiased evaluation, and a conviction that language is necessarily indeterminate. In this book, leading legal philosopher Kent Greenawalt clarifies the different senses in which law might be thought of as objective, and examines claims that it is so.

Beginning with a thorough examination of the language of legal standards, Greenawalt goes on to consider the nature of these standards, asking whether law should in fact treat people "objectively," according to abstract rules and general categories. He also questions 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 significant movements. Throughout the book, Greenawalt defends his own traditionalist, centrist position, while recognizing the value of recent radical theorizing. An important discussion of fundamental issues in current legal thought, Law and Objectivity is essential reading for all students and scholars of law, ethics and social philosophy.

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Product Details

ISBN-13:
9780195098334
Publisher:
Oxford University Press, USA
Publication date:
06/28/1995
Edition description:
New Edition
Pages:
304
Product dimensions:
5.50(w) x 8.13(h) x 0.81(d)

Table of Contents

1Introduction3
ILegal Rules and Determinate Answers to Legal Questions
2The Import of Normative Language and Rules-- Nonlegal Illustrations11
3Determinate Applications of Legal Rules34
4Determinate Answers Under General Statutory and Constitutional Standards and Principles of Common Law59
5Law's Determinacy in Light of General Theories of Prediction, Rule Following, and Interpretation68
IIHow the Law Treats People
6Standards of Judgment: External or Internal, Personal or Reasonable93
7Fairness in Classification121
8The Generality of Law141
IIILaw's Relation to Broader Sources That Make It Objective in Various Respects
9Law's Relation to Cultural Morality, Economic Efficiency, and Sound Political Morality163
10Objectivity in Legal Reasoning193
11Correct Answers to Legal Questions207
Conclusion233
Notes237
Bibliography275
Index281

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