The Law between Objectivity and Power
Published on 14. July 2022
Book
Hardback
464 pages
978-1-5099-6265-5 (ISBN)
Description
This book examines the tension between the law of objectivity and power. Is law an instrument of power or, on the contrary, is it able to limit power due to its objective character? The book uses an international and interdisciplinary approach to explore this question. It not only examines the central problem from a theoretical perspective, but also includes insights from practical, doctrinal contributions.
More details
Product info
Hardback
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
Product notice
sewn/stitched
Cloth over boards
With dust jacket
Dimensions
Height: 221 mm
Width: 152 mm
Thickness: 18 mm
Weight
476 gr
ISBN-13
978-1-5099-6265-5 (9781509962655)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Philip M. Bender
The Law between Objectivity and Power
Book
05/2022
1st Edition
Nomos
€128.00
Shipment within 7-9 days
Person
Philip Maximilian Bender is a research fellow at the Max-Planck-Institute for Tax Law and Public Finance in Munich, Germany.
Content
Part 1: Introduction
1 Ways of Thinking about Objectivity
Philip M. Bender
Part 2: Objectivity and Legal Interpretation
2 Subjectivism, Objectivism, and Intuitionism in Legal Reasoning: Avoiding the Pseudos
Hans Christoph Grigoleit
3 Historical Arguments, Dynamic Interpretation, and Objectivity: Reconciling Three Conflicting Concepts in Legal Reasoning
Franz Bauer
Part 3: Objectivity and Constitutional Law
4 The Law between Objectivity and Power from the Perspective of Constitutional Adjudication
Peter M. Huber
5 Conceptual and Jurisprudential Foundations of the Debate on Interpretive Methodology in Constitutional Law: An Argument for More Analytical Rigor
Daniel Wolff
Part 4: Objectivity and Private Law
6 The Role for Remedial Discretion in Private Law Adjudication
Ben Koehler
7 The Essential-Matters Doctrine (Wesentlichkeitsdoktrin) in Private Law: A Constitutional Limit to Judicial Development of the Law?
Victor Jouannaud
8 Private International Law between Objectivity and Power
Andreas Engel
Part 5: Objectivity and Criminal Law 9 Algorithmic Crime Control between Risk, Objectivity, and
Power
Lucia Sommerer
10 Innocence: A Presumption, a Principle, and a Status
Martin D. Haissiner
Part 6: Objectivity and International Arbitration
11 Stateless Justice: The Evolutionary Character of International Arbitration
Fabio Nunez del Prado
12 International Arbitration as a Project of World Order: Reimagining the Legal Foundations of International Arbitration
Santiago Onate
Part 7: Objectivity and Interdisciplinary Perspectives of Economics and Literature
13 Economic Analysis of Law: Inherent Component of the Legal System
Peter Zickgraf
14 From the Furies to 'Off with Their Heads': The Complex Inter-Relation between Law and Power in the Legal-Literary Canon
Emilia Jocelyn-Holt
Part 8: Structural Objectivity
15 Metaphors Lawyers Live by: Cognitive Linguistics and the Challenge for Pursuing Objectivity in Legal Reasoning
Jan-Erik Schirmer
16 The Citizenship Duality
Alvin Padilla-Babilonia
1 Ways of Thinking about Objectivity
Philip M. Bender
Part 2: Objectivity and Legal Interpretation
2 Subjectivism, Objectivism, and Intuitionism in Legal Reasoning: Avoiding the Pseudos
Hans Christoph Grigoleit
3 Historical Arguments, Dynamic Interpretation, and Objectivity: Reconciling Three Conflicting Concepts in Legal Reasoning
Franz Bauer
Part 3: Objectivity and Constitutional Law
4 The Law between Objectivity and Power from the Perspective of Constitutional Adjudication
Peter M. Huber
5 Conceptual and Jurisprudential Foundations of the Debate on Interpretive Methodology in Constitutional Law: An Argument for More Analytical Rigor
Daniel Wolff
Part 4: Objectivity and Private Law
6 The Role for Remedial Discretion in Private Law Adjudication
Ben Koehler
7 The Essential-Matters Doctrine (Wesentlichkeitsdoktrin) in Private Law: A Constitutional Limit to Judicial Development of the Law?
Victor Jouannaud
8 Private International Law between Objectivity and Power
Andreas Engel
Part 5: Objectivity and Criminal Law 9 Algorithmic Crime Control between Risk, Objectivity, and
Power
Lucia Sommerer
10 Innocence: A Presumption, a Principle, and a Status
Martin D. Haissiner
Part 6: Objectivity and International Arbitration
11 Stateless Justice: The Evolutionary Character of International Arbitration
Fabio Nunez del Prado
12 International Arbitration as a Project of World Order: Reimagining the Legal Foundations of International Arbitration
Santiago Onate
Part 7: Objectivity and Interdisciplinary Perspectives of Economics and Literature
13 Economic Analysis of Law: Inherent Component of the Legal System
Peter Zickgraf
14 From the Furies to 'Off with Their Heads': The Complex Inter-Relation between Law and Power in the Legal-Literary Canon
Emilia Jocelyn-Holt
Part 8: Structural Objectivity
15 Metaphors Lawyers Live by: Cognitive Linguistics and the Challenge for Pursuing Objectivity in Legal Reasoning
Jan-Erik Schirmer
16 The Citizenship Duality
Alvin Padilla-Babilonia