Objectivity in Law and Legal Reasoning (European Academy of Legal Theory Series)

"Legal theorists consider their discipline as an objective endeavour in line with other fields of science. Objectivity in science is generally regarded as a fundamental condition, informing how science should be practised and how truths may be found. Objective scientists venture to uncover empirical truths about the world and ought to eliminate personal biases, prior commitments and emotional involvement. However, legal theorists are inevitably bound up with a given legal culture. Consequently, their scholarly work derives at least in part from this environment and their subtle interaction with it. This book questions critically, in novel ways and from various perspectives, the possibilities of objectivity of legal theory in the twenty-first century. It transpires that legal theory is unavoidably confronted with varying conceptions of law, underlying ideologies, approaches to legal method, argumentation and discourse etc, which limit the possibilities of 'objectivity' in law and in legal reasoning. The authors of this book reveal some of these underlying notions and discuss their consequences for legal theory."--Bloomsbury Publishing. This Text Questions Critically, In Novel Ways And From Various Perspectives, The Possibilities Of Objectivity Of Legal Theory In The 21st Century. It Transpires That Legal Theory Is Unavoidably Confronted With Varying Conceptions Of Law, Underlying Ideologies, Approaches To Legal Method, Argumentation And Discourse Etc., Which Limit The Possibilities Of 'objectivity' In Law And In Legal Reasoning. Objectivity In Law And Jurisprudence / Mark Van Hoecke -- Can Legal Theory Be Objective? / Jaap Hage -- The Impossibility Of An Outsider's Perspective / Pauline C. Westerman -- Objective Legal Reasoning : Objectivity Without Objects / Matti Ilmari Niemi -- Legal Certainty As An Element Of Objectivity In Law / Juha Raitio -- Objective Rules Of Argumentation / Bertjan Wolthuis -- Easy Cases And Objective Interpretation / Niko Soininen -- Can Inalienable Rights Provide An Objective Foundation For Law And Morality? / Maija Aalto-heinilä -- Objectivity And The Law's Assumptions About Human Behaviour / Péter Cserne -- Kaleidoscopic Cultural Views And Legal Theory : Dethrowning The Objectivity? / Jaakko Husa -- Translators And Legal Comparatists As Objective Mediators Between Cultures? / Caroline Laske -- Legal Science Challenged By Cultural Paradigms : Subjective Objectivity In Legal Scholarship / Mustapha El Karouni. Edited By Jaakko Husa And Mark Van Hoecke. A Selection Of Papers Presented In An Earlier Version At The 6th Benelux-scandinavian Symposium On Legal Theory, Held In Rovaniemi (lapland) On 8-10 June 2011--preface. Includes Bibliographical References And Index. This book questions critically, in novel ways and from various perspectives, the possibilities of objectivity of legal theory in the 21st century.