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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.
This volume explores the concepts of legal power and legal
competence in fourteen original, cutting-edge chapters by leading
legal theorists. Legal power and legal competence are major topics
in jurisprudence, as they concern a range of practices, common to
all modern legal systems, that empower individuals to bring about
changes in the respective system by changing their own legal
position or the legal positions of others. This compilation covers
five broad themes. The chapters in the first section address open
questions on the meaning of legal power and legal competence, while
those in the second tackle problems regarding their normativity.
The third section is devoted to specifically exploring the
relationship between legal power and constitutive norms. The fourth
focuses on the analysis of legal officials and legal offices, while
the fifth and final section assesses various theories of legal
power and legal competence.
This book brings together leading legal theorists to present
original philosophical work on the concept of law - the central
question of jurisprudence. It covers five broad topics: firstly it
addresses debates concerning the methodology of jurisprudence. In
Part II it focuses on the notion of a legal system and its coercive
nature, while Part III explores the relationships between law and
morality, the traditional point of contention between positivist
and non-positivist theories of law. Part IV then examines questions
regarding law's normative character and relationships with
practical reason. Lastly, the final part introduces two novel
theoretical approaches to conceptual jurisprudence.
This book brings together leading legal theorists to present
original philosophical work on the concept of law - the central
question of jurisprudence. It covers five broad topics: firstly it
addresses debates concerning the methodology of jurisprudence. In
Part II it focuses on the notion of a legal system and its coercive
nature, while Part III explores the relationships between law and
morality, the traditional point of contention between positivist
and non-positivist theories of law. Part IV then examines questions
regarding law's normative character and relationships with
practical reason. Lastly, the final part introduces two novel
theoretical approaches to conceptual jurisprudence.
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