Chapter

Four Questions about the Objectivity of Law

Andrei Marmor

in Positive Law and Objective Values

Published in print May 2001 | ISBN: 9780198268970
Published online January 2010 | e-ISBN: 9780191713187 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198268970.003.0007
Four Questions about the Objectivity of Law

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This chapter examines four different questions about the objectivity of law. First, are there objective criteria about the identification of law? Second, can particular laws show objective rightness or wrongness? The third question concerns another sense of objectivity which is particularly interesting in the legal case. It is the kind of objectivity which is concerned with the avoidance of bias, partiality, favouritism, and such. The chapter analyses the relations between objectivity in this sense, which is called judicial objectivity, and neutrality and equality. It also considers a familiar question about the possible objectivity of legal theory, arguing that although legal theory is evaluative in many respects, it does not necessarily depend on moral conceptions.

Keywords: objectivity; partiality; judicial objectivity; neutrality; equality; legal theory; identification; rightness; wrongness; bias

Chapter.  12516 words. 

Subjects: Jurisprudence and Philosophy of Law

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