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Objectivity in Law (Hardcover, New)
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Objectivity in Law (Hardcover, New)
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The question of objectivity in legal interpretation has emerged in
recent years as a highly important topic in contemporary
jurisprudence. This original book addresses the issue of how and in
what sense legal interpretation can be objective. The author
supports the possibility of objectivity in law and spells out the
content of objectivity involved. He then provides a comprehensive
defence against the classical, as well as less well-known,
objections to the possibility of objectivity in legal
interpretation. The discussion is firmly grounded in metaphysics,
which sets the book apart from other similar discussions in
jurisprudence. Stavropoulos identifies an important source of
resistance to acceptance of the possibility of objectivity in legal
interpretation: a widely-held but faulty semantic. He then develops
an alternative semantic framework which draws on influential
theories in contemporary philosophy. The book shows that
objectivism is a natural, commonsensical position, and rejects the
currently popular notion that objectivism requires extravagant or
bizarre metaphysics. Furthermore, the discussion presents the
opportunity to reinterpret major debates in jurisprudence and to
show how influential theories, notably H. L. A. Hart's and Ronald
Dworkin's, bear on that central issue.
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