David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Philosophy Compass 5 (3):240-249 (2010)
In the first part of this paper, I discuss the different kinds of objectivity; general and legal objectivity more specifically. In the second part, I endeavour to explain the two main views that have been advanced to answer four core questions on legal objectivity. The first is whether moral and legal values are objective. Second, what is the nature of the relationship between legal and moral values? The third is whether, due to the specific nature of law, we should consider a domainspecific conception of objectivity for legal values. The fourth concerns whether there is a correspondence between legal values and legal facts. What is the explanation of the platitudes about the nature of law such as that law is reasongiving, normative or authoritative in character? In other words, do legal facts have a place in our 'disenchanted' or naturalistic (in the scientific sense) understanding of the world. In the final section of this paper, I evaluate naturalism and nonnaturalism in law and consider the future of the debate and its relevance for understanding the connection between law, morality and legal normativity.
|Keywords||No keywords specified (fix it)|
No categories specified
(categorize this paper)
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
David Owen Brink (1989). Moral Realism and the Foundations of Ethics. Cambridge University Press.
Thomas Scanlon (1998). What We Owe to Each Other. Belknap Press of Harvard University Press.
Hilary Putnam (1975). Mind, Language, and Reality. Cambridge University Press.
John Rawls (1971/2005). A Theory of Justice. Harvard University Press.
Citations of this work BETA
No citations found.
Similar books and articles
Andrei Marmor (ed.) (1995). Law and Interpretation: Essays in Legal Philosophy. Oxford University Press.
Owen J. Anderson (2012). The Natural Moral Law: The Good After Modernity. Cambridge University Press.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Robert S. Summers (2006). Form and Function in a Legal System: A General Study. Cambridge University Press.
Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
Matthew H. Kramer (2008). Is Law's Conventionality Consistent with Law's Objectivity? Res Publica 14 (4):241-252.
Matthew H. Kramer (2007). Objectivity and the Rule of Law. Cambridge University Press.
Andrei Marmor (2001). Positive Law and Objective Values. Clarendon Press.
Brian Leiter (2007). Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy. Oxford University Press.
Brian Leiter (ed.) (2001). Objectivity in Law and Morals. Cambridge University Press.
Added to index2010-03-16
Total downloads90 ( #44,617 of 1,792,900 )
Recent downloads (6 months)3 ( #282,306 of 1,792,900 )
How can I increase my downloads?