Kent Greenawalt Law and Objectivity

ISBN 13: 9780195098334

Law and Objectivity

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In modern times the idea of the objectivity of law has been undermined by skepticism about legal institutions, disbelief in ideals of unbiased evaluation, and a conviction that language is indeterminate. Greenawalt here considers the validity of such skepticism, examining such questions as: whether the law as it exists provides determinate answers to legal problems; whether the law should treat people in an "objective way," according to abstract rules, general categories, and external consequences; and how far the law is anchored in something external to itself, such as social morality, political justice, or economic efficiency. In the process he illuminates the development of jurisprudence in the English-speaking world over the last fifty years, assessing the contributions of many important movements.

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In recent times, a belief in the objectivity of the law has been undermined by skepticism about legal institutions and ideals of unbiased evaluation, and a conviction that language is necessarily indeterminate. Beginning with a thorough examination of the language of legal standards, the nature of these standards is considered, asking whether law should in fact treat people 'objectively, ' according to abstract rules and general categories.

About the Author:

Kent Greenawalt is the Benjamin N. Cardozo Professor of Jurisprudence at the Columbia University Law School.

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Kent Greenawalt
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Book Description Oxford University Press Inc, United States, 1995. Paperback. Condition: New. Language: English . Brand New Book ***** Print on Demand *****.Is law objective? Should law be objective? These questions continue to generate argument and confusion. In this book, Kent Greenawalt clarifies the different senses in which law might be objective, and examines claims that it is so. Greenawalt begins by considering skeptical views about the meaning of language. Inquiring into the language of legal standards and whether it can yield correct answers to legal problems, he explores how the language of authoritative standards can indicate a single correct resolution in some cases, but not in others. The book s second part considers the ways in which the substance of the law may be more or less objective. One critical problem examined here concerns reliance on objective standards of reasonable people, or standards that rely on particular characteristics of individuals. A second problem is whether standards of law treat various groups fairly. A third involves appropriate levels of generality for legal standards, and the claim of some feminists that in its abstractness and generality the law is overly masculine. In Part Three, Greenawalt discusses the relation between law and external standards of evaluation. He focuses on standards of community morality, economic efficiency, and sound moral and political philosophy, and shows that legal evaluation often includes the use of such standards. Greenawalt goes on to argue that claims stating legal questions always have correct answers must rest on similar claims that questions of moral and political philosophy also have such objectively correct answers. He contends that many of the latter questions do have correct answers, based on best reasons that are generally accessible; extremeskepticism about the law s objectivity is thus unwarranted. He concludes, however, that other questions do not have answers that are correct in this sense; therefore not all legal questions can have correct answers. An important discussion of fundamental issues in current legal philo. Seller Inventory # AAV9780195098334

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Kent Greenawalt
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Book Description Oxford University Press Inc, United States, 1995. Paperback. Condition: New. Language: English . Brand New Book ***** Print on Demand *****. Is law objective? Should law be objective? These questions continue to generate argument and confusion. In this book, Kent Greenawalt clarifies the different senses in which law might be objective, and examines claims that it is so. Greenawalt begins by considering skeptical views about the meaning of language. Inquiring into the language of legal standards and whether it can yield correct answers to legal problems, he explores how the language of authoritative standards can indicate a single correct resolution in some cases, but not in others. The book s second part considers the ways in which the substance of the law may be more or less objective. One critical problem examined here concerns reliance on objective standards of reasonable people, or standards that rely on particular characteristics of individuals. A second problem is whether standards of law treat various groups fairly. A third involves appropriate levels of generality for legal standards, and the claim of some feminists that in its abstractness and generality the law is overly masculine. In Part Three, Greenawalt discusses the relation between law and external standards of evaluation. He focuses on standards of community morality, economic efficiency, and sound moral and political philosophy, and shows that legal evaluation often includes the use of such standards. Greenawalt goes on to argue that claims stating legal questions always have correct answers must rest on similar claims that questions of moral and political philosophy also have such objectively correct answers. He contends that many of the latter questions do have correct answers, based on best reasons that are generally accessible; extremeskepticism about the law s objectivity is thus unwarranted. He concludes, however, that other questions do not have answers that are correct in this sense; therefore not all legal questions can have correct answers. An important discussion of fundamental issues in current legal philo. Seller Inventory # AAV9780195098334

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