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Objectivity in jurisprudence, legal interpretation and practical reasoning / edited by Gonzalo Villa-Rosas (research fellow, centre for research in philosophy and law, Externado University, Colombia and Hermann Kantorowicz institute for basic legal research, faculty of law, Kiel University, Germany) and Jorge Luis Fabra-Zamora (associate professor, University at Buffalo School of Law, State University of New York, US).
Villa Rosas, Gonzalo editor.; Fabra-Zamora, Jorge L., editor.; Edward Elgar Publishing, publisher.
2022
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Edward Elgar
Title
Objectivity in jurisprudence, legal interpretation and practical reasoning / edited by Gonzalo Villa-Rosas (research fellow, centre for research in philosophy and law, Externado University, Colombia and Hermann Kantorowicz institute for basic legal research, faculty of law, Kiel University, Germany) and Jorge Luis Fabra-Zamora (associate professor, University at Buffalo School of Law, State University of New York, US).
Published
Northampton : Edward Elgar Publishing, 2022.
Call Number
INTERNET
ISBN
9781803922638 (e-book)
Description
1 online resource (312 pages)
System Control No.
eep9781803922638
Summary
"This thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of the law and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice. Beginning with an introduction from the editors proposing a new account of the meaning of objectivity, the book is then divided into three broad themes illuminated by this account. Chapters first address a range of problems linked to the relationship between objectivity and jurisprudence, before turning in the second part to an analysis of the functions of objectivity in legal interpretation. The final part then deals with the function of objectivity in practical reasoning. Offering a spectrum of scholarly insights within a coherent intellectual framework, this book will be a crucial read for scholars and graduate students of legal philosophy and legal theory. Its discussion of objectivity as it relates to legal practice and practical reasoning will also be of interest to practitioners such as judges, arbitrators and lawyers"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
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Villa Rosas, Gonzalo editor.
Fabra-Zamora, Jorge L., editor.
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Edward Elgar Publishing, publisher.
Contents: list of contributors
1. Introduction: The meanings of 'objectivity' / Gonzalo Villa-Rosas and Jorge Luis Fabra-Zamora
Part I: Objectivity and jurisprudence
2. Objectivity of law and objectivity about law / Jaap Hage
3. Is legal cognitivism a case of bullshit? / Héctor A Morales-Zúñiga
4. Imputation as a supervenience in the general theory of norms / Monika Zalewska
5. Social science and jurisprudence through weberian and hartian eyes: Suggesting an explanation for a puzzle / Donald Bello Hutt
6. Objectivity of legal knowledge: The challenge of scepticism / Matti Ilmari Niemi
Part II: Objectivity and legal interpretation
7. From hart to dworkin via brandom: Indeterminacy, interpretation, and objectivity / Leonardo Marchettoni
8. Can legal texts have objective meanings? / Maija Aalto-Heinilä
9. Big data linguistic analysis of legal texts - objectivity debunked? / Caroline Laske
10. Rethinking the legal effect of interpretive canons / Triantafyllos Gkouvas
Part III: Objectivity and practical reasoning
11. The problem of normative objectivity / Jan-Reinard Sieckmann
12. Why do legal philosophers (perhaps correctly) insist on moral objectivity while dismissing metaethical inquiry? / Thomas Bustamante
13. Moral objectivity without robust realism / J. J. Moreso
14. Virtue and objectivity in legal reasoning / Amalia Amaya
Index.

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