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The book poses the fundamental question of what objectivity means
in practical legal discourse and what is its role. By applying
critical discourse analysis to the applications of the term
"objectivity" in judicial discourse - based on cases from Poland -
the book identifies a rich taxonomy of objectivity's uses that
judges make of the concept of objectivity. The main results are
that objectivity has a special meaning in the legal discourse based
on legal authority, and that a case can be made for a stronger
interconnection between objectivity and intersubjectivity. These
results challenge the theoretical foundations of the debate on
objectivity in the legal discourse and open new perspectives for
the justification of this concept in modern societies.
This volume presents a collection of essays on objectivity in legal
discourse. Has law a distinctive type of objectivity? Is there one
specific type of legal objectivity or many, depending on the
observatory language utilized? Is objectivity fit for law? The
analyses in the various contributions show that the Cartesian
paradigm of objectivity is not relevant to the current legal
discourse, and new forms of legal objectivity are revealed instead.
Each essay, in its distinctive way, analyses the strong commitment
of law to objectivity, shedding light on the controversies that
surround it.
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