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 modern times the idea of the objectivity of law has been undermined by skepticism about legal institutions, disbelief in ideals of unbiased evaluation, and a conviction that language is indeterminate. Greenawalt here considers the validity of such skepticism, examining such questions as: whether the law as it exists provides determinate answers to legal

Overview

In modern times the idea of the objectivity of law has been undermined by skepticism about legal institutions, disbelief in ideals of unbiased evaluation, and a conviction that language is indeterminate. Greenawalt here considers the validity of such skepticism, examining such questions as: whether the law as it exists provides determinate answers to legal problems; whether the law should treat people in an "objective way," according to abstract rules, general categories, and external consequences; and 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 important movements.

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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