This volume presents a collection of essays on objectivity in legal discourse. Has law a distinctive type of objectivity? Is there one specific type of legal objectivity or many, depending on the observatory language utilized? Is objectivity fit for law? The analyses in the various contributions show that the Cartesian paradigm of objectivity is not relevant to the current legal discourse, and new forms of legal objectivity are revealed instead. Each essay, in its distinctive way, analyses the strong commitment of law to objectivity, shedding light on the controversies that surround it.
This volume presents a collection of essays on objectivity in legal discourse. Has law a distinctive type of objectivity? Is there one specific type of legal objectivity or many, depending on the observatory language utilized? Is objectivity fit for law? The analyses in the various contributions show that the Cartesian paradigm of objectivity is not relevant to the current legal discourse, and new forms of legal objectivity are revealed instead. Each essay, in its distinctive way, analyses the strong commitment of law to objectivity, shedding light on the controversies that surround it.
Vito Breda is a MacCormick Fellow at the University of Edinburgh. He holds a lectureship in Theories of Law at the University of Southern Queensland and a visiting professorship at the University of Deusto. He is interested in European Law and Comparative Law. Lidia Rodak is Lecturer of Philosophy of Law at Silesian University in Katowice, Poland. Her research interest is objectivity in law and aesthetic and law.
Inhaltsangabe
Contents: Vito Breda/Lidia Rodak: Introduction - Michal Pazdziora: What rationality? Whose objectivity? - Lucia Berdisova: Objectivity and arbitrariness of blind rule-following or what it means to follow a (legal) rule blindly - Pietro Denaro: The causality of omissions and the objectivity of human agency - Maciej Pichlak: Objectivity and Institutional Reflexivity in Law - Lidia Rodak: «Essentialism of a kind» and «objectivity of a kind» as necessary for law - Marcin Pieniazek: The objectivity of the legal text in view of the concept of semantic autonomy. Comments on Paul Ricoeur's theory - Jaqueline Sena: The imperative of objectivity and neutrality in legal science and its repercussion on judicial activity: an analysis of the ideas of the Latin-American jurist Luis Alberto Warat - Cosmin Cercel: The Purloined Letter: Law, History and the Theory of Totalitarianism - David Marrani: Postmodern Evolution of Places of Justice: The Use and Abuse of Transparency - Vito Breda: The Concept of Objectivity in the UK Supreme Court through a Comparative Looking Glass - Antal Szerletics: Paternalism and «Objective» Best Interests.
Contents: Vito Breda/Lidia Rodak: Introduction - Michal Pazdziora: What rationality? Whose objectivity? - Lucia Berdisova: Objectivity and arbitrariness of blind rule-following or what it means to follow a (legal) rule blindly - Pietro Denaro: The causality of omissions and the objectivity of human agency - Maciej Pichlak: Objectivity and Institutional Reflexivity in Law - Lidia Rodak: «Essentialism of a kind» and «objectivity of a kind» as necessary for law - Marcin Pieniazek: The objectivity of the legal text in view of the concept of semantic autonomy. Comments on Paul Ricoeur's theory - Jaqueline Sena: The imperative of objectivity and neutrality in legal science and its repercussion on judicial activity: an analysis of the ideas of the Latin-American jurist Luis Alberto Warat - Cosmin Cercel: The Purloined Letter: Law, History and the Theory of Totalitarianism - David Marrani: Postmodern Evolution of Places of Justice: The Use and Abuse of Transparency - Vito Breda: The Concept of Objectivity in the UK Supreme Court through a Comparative Looking Glass - Antal Szerletics: Paternalism and «Objective» Best Interests.
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