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Law and Objectivity / Edition 1
     

Law and Objectivity / Edition 1

by Kent Greenawalt
 

ISBN-10: 0195098331

ISBN-13: 9780195098334

Pub. Date: 06/28/1995

Publisher: Oxford University Press, USA

In recent times, a belief in the objectivity of the law has been undermined by skepticism about legal institutions and ideals of unbiased evaluation, and a conviction that language is necessarily indeterminate. Beginning with a thorough examination of the language of legal standards, the nature of these standards is considered, asking whether law should in fact treat

Overview

In recent times, a belief in the objectivity of the law has been undermined by skepticism about legal institutions and ideals of unbiased evaluation, and a conviction that language is necessarily indeterminate. Beginning with a thorough examination of the language of legal standards, the nature of these standards is considered, asking whether law should in fact treat people 'objectively, ' according to abstract rules and general categories.

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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