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Objectivity in Law and Legal Reasoning (Hardcover, New)
Loot Price: R3,060
Discovery Miles 30 600
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Objectivity in Law and Legal Reasoning (Hardcover, New)
Series: European Academy of Legal Theory Series
Expected to ship within 12 - 17 working days
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Legal theorists consider their discipline as an objective endeavour
in line with other fields of science. Objectivity in science is
generally regarded as a fundamental condition, informing how
science should be practised and how truths may be found. Objective
scientists venture to uncover empirical truths about the world and
ought to eliminate personal biases, prior commitments and emotional
involvement. However, legal theorists are inevitably bound up with
a given legal culture. Consequently, their scholarly work derives
at least in part from this environment and their subtle interaction
with it. This book questions critically, in novel ways and from
various perspectives, the possibilities of objectivity of legal
theory in the twenty-first century. It transpires that legal theory
is unavoidably confronted with varying conceptions of law,
underlying ideologies, approaches to legal method, argumentation
and discourse etc, which limit the possibilities of 'objectivity'
in law and in legal reasoning. The authors of this book reveal some
of these underlying notions and discuss their consequences for
legal theory.
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