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Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning
This thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of jurisprudence, legal interpretation 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.
More Information
Critical Acclaim
Contributors
Contents
More Information
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.
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.
Critical Acclaim
‘An intriguing book with contributions from a diverse group of legal philosophers. A worthy addition to the literature on objectivity.’
– Dennis M. Patterson, Rutgers Law School, US and University of Surrey School of Law, UK
– Dennis M. Patterson, Rutgers Law School, US and University of Surrey School of Law, UK
Contributors
Contributors: Maija Aalto-Heinlä, Amalia Amaya, Donald Bello Hutt, Thomas Bustamante, Jorge Luis Fabra-Zamora, Triantafyllos Gkouvas, Jaap Hage, Caroline Laske, Leonardo Marchettoni, Josep Joan Moreso, Héctor A. Morales-Zúñiga, Matti Ilmari Niemi, Jan-Reinard Sieckmann, Gonzalo Villa-Rosas, Monika Zalewska
Contents
Contents:
List of contributors vii
1 Introduction: The meanings of ‛objectivity’ 1
Gonzalo Villa-Rosas and Jorge Luis Fabra-Zamora
PART I OBJECTIVITY AND JURISPRUDENCE
2 Objectivity of law and objectivity about law 31
Jaap Hage
3 Is legal cognitivism a case of bullshit? 48
Héctor A Morales-Zúñiga
4 Imputation as a supervenience in the General Theory of Norms 71
Monika Zalewska
5 Social science and jurisprudence through Weberian and
Hartian eyes: Suggesting an explanation for a puzzle 86
Donald Bello Hutt
6 Objectivity of legal knowledge: The challenge of scepticism 105
Matti Ilmari Niemi
PART II OBJECTIVITY AND LEGAL INTERPRETATION
7 From Hart to Dworkin via Brandom: Indeterminacy,
interpretation, and objectivity 127
Leonardo Marchettoni
8 Can legal texts have objective meanings? 145
Maija Aalto-Heinilä
9 Big data linguistic analysis of legal texts – objectivity debunked? 167
Caroline Laske
10 Rethinking the legal effect of interpretive canons 193
Triantafyllos Gkouvas
PART III OBJECTIVITY AND PRACTICAL REASONING
11 The problem of normative objectivity 215
Jan-Reinard Sieckmann
12 Why do legal philosophers (perhaps correctly) insist on
moral objectivity while dismissing metaethical inquiry? 232
Thomas Bustamante
13 Moral objectivity without robust realism 252
J. J. Moreso
14 Virtue and objectivity in legal reasoning 270
Amalia Amaya
Index
List of contributors vii
1 Introduction: The meanings of ‛objectivity’ 1
Gonzalo Villa-Rosas and Jorge Luis Fabra-Zamora
PART I OBJECTIVITY AND JURISPRUDENCE
2 Objectivity of law and objectivity about law 31
Jaap Hage
3 Is legal cognitivism a case of bullshit? 48
Héctor A Morales-Zúñiga
4 Imputation as a supervenience in the General Theory of Norms 71
Monika Zalewska
5 Social science and jurisprudence through Weberian and
Hartian eyes: Suggesting an explanation for a puzzle 86
Donald Bello Hutt
6 Objectivity of legal knowledge: The challenge of scepticism 105
Matti Ilmari Niemi
PART II OBJECTIVITY AND LEGAL INTERPRETATION
7 From Hart to Dworkin via Brandom: Indeterminacy,
interpretation, and objectivity 127
Leonardo Marchettoni
8 Can legal texts have objective meanings? 145
Maija Aalto-Heinilä
9 Big data linguistic analysis of legal texts – objectivity debunked? 167
Caroline Laske
10 Rethinking the legal effect of interpretive canons 193
Triantafyllos Gkouvas
PART III OBJECTIVITY AND PRACTICAL REASONING
11 The problem of normative objectivity 215
Jan-Reinard Sieckmann
12 Why do legal philosophers (perhaps correctly) insist on
moral objectivity while dismissing metaethical inquiry? 232
Thomas Bustamante
13 Moral objectivity without robust realism 252
J. J. Moreso
14 Virtue and objectivity in legal reasoning 270
Amalia Amaya
Index
