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Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning

Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning

Author: Gonzalo Villa-Rosas; Jorge L. Fabra-Zamora
Publisher: Edward Elgar Publishing
ISBN: 9781803922621
Published In: October 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

List of contributors vii

Introduction: The meanings of ‛objectivity’ 1

Gonzalo Villa-Rosas and Jorge Luis Fabra-Zamora

PART I. OBJECTIVITY AND JURISPRUDENCE

Objectivity of law and objectivity about law 31

Jaap Hage

Is legal cognitivism a case of bullshit? 48

Héctor A Morales-Zúñiga

Imputation as a supervenience in the General Theory of Norms 71

Monika Zalewska

Social science and jurisprudence through Weberian and Hartian eyes: Suggesting an explanation for a puzzle 86

Donald Bello Hutt