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Estimated delivery 3-12 business days
Format Hardcover
Condition Brand New
Description A consideration of whether it is possible for legal interpretations to be objective. The author argues that objectivity is possible in law, and grounds this possibility firmly in metaphysics, philosophy of mind and language, and meta-ethics. He then explores the philosophical prejudices that have been used to counter this possibility.
the question of objectivity in legal interpretation has emerged in recent years as an imprtant topic in contemporary jurisprudence. This 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 defence against the classical, as well as less well-known, objections to the possibility of objectivity inlegal interpretation. The discussion is thoroughly grounded in metaphysics, which sets the book apart from other similar discussions in jurisprudence. Stavropoulos identifies an importantsource of resistance to the acceptance of the possibility of objectivity in legal interpretation; a widely held but faulty semantic. He then develops an alternative semantic framework, drawing on influential theories in contemporary philosophy. The book shows that objectivism is a natural, common sensical position, and rejects the currently popular notion that objectivism requires extravagant or bizarre metaphysics. Furthermore, the discussion presents the opportunity to re-interpret majordebates in jurisprudence and to show how influential theories, notably H.L.A. Hart's and Ronald Dworkin's, bear on that issue.
Nicos Stavropoulos is a University Lecturer in Legal Theory, Manmsfield College, Oxford University.
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