Law and Objectivity
1st Edition
Published on 29. June 1995
301 pages
978-0-19-535692-2 (ISBN)
Description
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.
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Greenawalt
Law and Objectivity
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08/1995
Oxford University Press Inc
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Law and Objectivity
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Content
- Intro
- Contents
- 1 Introduction
- I: Legal Rules and Determinate Answers to Legal Questions
- 2 The Import of Normative Language and Rules- Nonlegal Illustrations
- 3 Determinate Applications of Legal Rules
- 4 Determinate Answers Under General Statutory and Constitutional Standards and Principles of Common Law
- 5 Law's Determinacy in Light of General Theories of Prediction, Rule Following, and Interpretation
- II: How the Law Treats People
- 6 Standards of Judgment: External or Internal, Personal or Reasonable
- 7 Fairness in Classification
- 8 The Generality of Law
- III: Law's Relation to Broader Sources That Make It Objective in Various Respects
- 9 Law's Relation to Cultural Morality, Economic Efficiency, and Sound Political Morality
- 10 Objectivity in Legal Reasoning
- 11 Correct Answers to Legal Questions
- Conclusion
- Notes
- Bibliography
- Index
- A
- B
- C
- D
- E
- F
- G
- H
- I
- J
- K
- L
- M
- N
- O
- P
- R
- S
- T
- U
- V
- W
- Y
