the question of objectivity in legal interpretation has emerged in recent years as an imprtant topic in contemporary jurisprudence. This book addresses the issue of how and in what sense legal interpretation can be objective. The author supports the possibility of objectivity in law and spells out the content of objectivity involved. He then provides a defence against the classical, as well as less well-known, objections to the possibility of objectivity in legal interpretation. The discussion is thoroughly grounded in metaphysics, (...) which sets the book apart from other similar discussions in jurisprudence. Stavropoulos identifies an important source of resistance to the acceptance of the possibility of objectivity in legal interpretation; a widely held but faulty semantic. He then develops an alternative semantic framework, drawing on influential theories in contemporary philosophy. The book shows that objectivism is a natural, common sensical position, and rejects the currently popular notion that objectivism requires extravagant or bizarre metaphysics. Furthermore, the discussion presents the opportunity to re-interpret major debates in jurisprudence and to show how influential theories, notably H.L.A. Hart's and Ronald Dworkin's, bear on that issue. (shrink)

the question of objectivity in legal interpretation has emerged in recent years as an imprtant topic in contemporary jurisprudence. This book addresses the issue of how and in what sense legal interpretation can be objective. The author supports the possibility of objectivity in law and spells out the content of objectivity involved. He then provides a defence against the classical, as well as less well-known, objections to the possibility of objectivity in legal interpretation. The discussion is thoroughly grounded in metaphysics, (...) which sets the book apart from other similar discussions in jurisprudence. Stavropoulos identifies an important source of resistance to the acceptance of the possibility of objectivity in legal interpretation; a widely held but faulty semantic. He then develops an alternative semantic framework, drawing on influential theories in contemporary philosophy. The book shows that objectivism is a natural, common sensical position, and rejects the currently popular notion that objectivism requires extravagant or bizarre metaphysics. Furthermore, the discussion presents the opportunity to re-interpret major debates in jurisprudence and to show how influential theories, notably H.L.A. Hart's and Ronald Dworkin's, bear on that issue. (shrink)

Many philosophers take the view that, while coercion is a prominent and enduring feature of legal practice, its existence does not reflect a deep, constitutive property of law and therefore coercion plays at best a very limited role in the explanation of law's nature. This view has become more or less the orthodoxy in modern jurisprudence. I argue that an interesting and plausible possible role for coercion in the explanation of law is untouched by the arguments in support of the (...) orthodox view. Since my main purpose is to clear the ground for the alternative, I spell out the orthodox view in some detail. I then briefly sketch the alternative. Finally, I turn to Jules Coleman's discussion of the alternative. (shrink)

This chapter contains section titled: Objectivity: Reality and Thought Two Approaches Error Legal Objectivity Determinacy Conventions Law and its Application Social Practices Values References.