Law and Objectivity

ISBN-13: 9780195098334 / Angielski / Miękka / 1995 / 304 str.

Kent Greenawalt

Opis

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.

Recenzje

The whole book is marked by the familiar characteristics of Greenawalt's writings: clear and thought-provoking examples; a manifest desire to dispel confusion even at the risk of being considered excessively prosaic; and a large amount of good sense.