SOME REMARKS CONCERNING LEGAL OBJECTIVITY
SOME REMARKS CONCERNING LEGAL OBJECTIVITY
Author(s): Bogdan DicherSubject(s): Philosophy
Published by: Studia Universitatis Babes-Bolyai
Summary/Abstract: In this paper I analyse the claim according to which law is objective. After clarifying the philosophically relevant meaning of this claim (§1), I distinguish several aspects of the thesis, concerning, respectively legal truth (§3), legal error (§4), legal determinacy (§5) and the metaphysical status of legal entities (§6). Then, I take into consideration the phenomenology of our legal practice (§7) and the apparent support it gives to claims of legal objectivity. Finally, (§§ 8-9) I stress the connection between legal objectivity and normativity and suggest that legal objectivity reduces to the conclusiveness of legal reasoning.
Journal: Studia Universitatis Babes-Bolyai - Philosophia
- Issue Year: 51/2006
- Issue No: 2
- Page Range: 25-39
- Page Count: 15
- Language: English