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Friday, July 17, 2020 | History

5 edition of Objectivity and the rule of law found in the catalog.

Objectivity and the rule of law

Matthew H. Kramer

Objectivity and the rule of law

by Matthew H. Kramer

  • 128 Want to read
  • 2 Currently reading

Published by Cambridge University Press in Cambridge, New York .
Written in English

    Subjects:
  • Law and ethics.,
  • Objectivity.,
  • Rule of law -- Moral and ethical aspects.

  • Edition Notes

    Includes bibliographical references and index.

    StatementMatthew H. Kramer.
    Classifications
    LC ClassificationsK247.6 .K72 2007
    The Physical Object
    Paginationp. cm.
    ID Numbers
    Open LibraryOL17172650M
    ISBN 109780521854160, 9780521670104
    LC Control Number2006038560

      “Doing Justice is an essential read for every American who cares about the rule of law and the pursuit of justice in the United States, particularly at a time when these ideals are a constant subject of attack for self-serving political purposes.”. Early in his book Doing Justice: A Prosecutor’s Thoughts on Crime, Punishment, and the Rule of Law, Preet Bharara introduces a chapter with a. The seven original essays included in this volume from , written by some of the world's most distinguished moral and legal philosophers, offer a sophisticated perspective on issues about the objectivity of legal interpretation and judicial decision-making.

      In this essay I approach the topic of legal objectivity by analyzing law's possible relationships with morality, rules, standards, and principles. I argue that law's function is to settle moral controversies, which renders problematic law's incorporation of morality and points to the moral desirability of determinate rules, even though such Cited by: 3. The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South.

    ] The Objectivity of Morality, Rules, and Law will have legal disagreements, and law’s guidance function will break down. And the same problem will afflict the inclusive legal positivist view if all or some legal norms must be consistent with morality in order to be legally valid. Rule of law, the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of ariness is typical of various forms of despotism, absolutism, authoritarianism, and ic governments include even highly institutionalized forms.


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Objectivity and the rule of law by Matthew H. Kramer Download PDF EPUB FB2

Book Description. As Matthew H. Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distinct though overlapping dimensions.

Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted. About the Author.4/5(1). Book Description As Matthew H. Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distinct though overlapping dimensions.

Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted. See all Editorial ReviewsCited by: Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted.

'The argument is ingenious, and stated with clarity Kramer's book shows plainly that legal positivism is not to be dismissed as mere pedantic quibbling and internecine disputation of Author: Matthew Kramer.

These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wideranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows. Harvard Law Review 'Matthew Kramer's new book tackles questions of objectivity and the rule of law with his characteristic erudition, depth and acute insight.

It is one of the first in an exciting series entitled Cambridge Introductions to Philosophy and Law 3/5(3). As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distinct but overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multifaceted.

objectivity, in its manifold aspects, is what marks the divide between the rule of law and the rule of men. Because of the constraints on the length of each volume in the Intro. 2 Objectivity and the Rule of Law objectivity and the rule of law or the Rule of Law.) My discussions will aim to provide a general overview, rather than an exhaustive account, of some major issues that have preoccupied legal and moral and politi-cal philosophers.

Though such an. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted. The question of objectivity in legal interpretation has emerged in recent years as an important topic in contemporary jurisprudence.

This book addresses the issue of how and in what sense legal interpretation can be objective. It supports the possibility of objectivity in law and spells out the content of objectivity : Nicos Stavropoulos.

As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distinct though overlapping dimensions.

Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted. This article discusses issues about the objectivity of law and some appropriate philosophical tools.

There are two main kinds of philosophical questions about objectivity: metaphysical and epistemological. Metaphysical objectivity concerns the extent to which the existence and character of some class of entities depends on the state of mind of a by: 9.

As Matthew H. Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted.

Buy Objectivity and the Rule of Law () by Matthew H. Kramer for up to 90% off at 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. Rule of Law Handbook - FOREWORD.

Rule of Law practitioners around the world have relied on this Handbook for almost five years now. In fact, I have found this volume used by both civilian and military rule of law practitioners from many agencies across Afghanistan.

Rule of law operations are conceptually difficult and hard to. Matthew H. Kramer is the author of John Locke and the Origins of Private Property ( avg rating, 2 ratings, 0 reviews, published ), Objectivity an /5. This chapter approaches the topic of legal objectivity by analysing law's possible relationships with morality, rules, standards, and principles.

If law is constituted by some combination of those elements, then law's objectivity will be entirely a function of their objectivity. That, at. The Rule of Law is often conceived as an ideal or a moral aspiration that guides the actions of officials and citizens within a legal system.

Its precise nature is at the centre of important recent inquiries in legal philosophy. Associated with these inquiries are questions about the objectivity of law and the Rule of Law, and the relationship between the two.

Deep State book. Read 59 reviews from the world's largest community for readers. Trump, the FBI, and the Rule of Law” as Want to Read: This is a very good read which I would recommend to anyone interested in a well written objective summary of the Clinton E-mails to Mueller Report period of the US history, regardless if you read any /5.

Professional rules and pride affirm a commitment to independence. Yet this analytical, rule-based analysis is under challenge. Occupationally, this anxiety is growing for some as the bussinessification of law intensifies. Usually those concerns are directed at new providers of legal services; but they are as well directed at law firms.What is the Rule of Law?

By Helen Yu and Alison Guernsey. A. Elements of the Rule of Law In his book The Morality of Law, with this statement see the law as “indeterminate,” meaning that the law has no clear or objective meaning. Consequently, the law cannot possibly serve as an effective barrier to the government’s abuse of power.The 'rule of law' is widely accepted to be a critical part of an effective constitution; its principle function is to constrain government action.

There is a significant disagreement initially on how to define the rule of law. The rule of law has been referred to as a ‘wrapper’ that is placed around a .