Objectivity in Law and Ethics (Photocopy)

Author: (English) Brian Leiter
Publisher:
Publication Date: 2003-11-01
Features: Do legal issues have objectively correct answers? Can judicial decisions remain objective when legal disputes present moral dilemmas? Such questions concerning objectivity are at the heart of modern legal theory debates. Since the 1970s, meta-ethics has formed connections with fundamental issues in legal philosophy, and this collection for the first time compiles the rich philosophical literature in this field. The collection also includes seven original essays written by some of the world's most distinguished moral and legal philosophers. These essays introduce complex philosophical perspectives on the objectivity of legal interpretation and judicial decision-making. They explore the relationship between moral objectivity and legal objectivity within the traditions of positive and natural law, and develop various constructive and critical approaches to fundamental questions about moral objectivity. One key issue examined is the "field-specificity" of the concept of objectivity, namely whether there is an objectivity concept suitable for moral norms that is distinct in type from the objectivity concepts used in scientific and other fields. Overall, the book presents an artfully crafted examination of vibrant issues in the field of meta-ethics and explores their relevance to the theoretical formation of law and adjudication. Brian Leiter is the "Joe A. Worsham Centennial" Professor of Law and Philosophy, as well as the Director of the Law and Philosophy Program at the University of Texas at Austin.