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Journal of the Polish Section of IVR (ISSN:2082-3304)

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Objectivity in law – the institutional approach as an alternative to the dominant theories

Dr Maciej Pichlak

University of Wrocław

English abstract: The aim of the paper is to establish a theoretical elaboration of objectivity in law which would conform exiting linguistic practices in the legal field. It starts from a brief characterization of legal practice in this respect which allows for an exposure of semantic complexity of the term ‘objectivity’ in law. The term is said to take two basic meanings: objectivity as a fact and objectivity as a moral ideal. On this ground requirements towards a reliable theory of legal objectivity are defined: such a theory should not only make o room for both distinct meanings of legal objectivity, but also should consider their mutual relations. These requirements stemming from existing linguistic practice serve as criteria for examination of up to date theoretical concepts of objectivity. The paper discusses realistic, conventionalist, and idealistic theories of objectivity in law subsequently and exposes shortcomings of each of these. Eventually, key assumptions of an institutional theory of objectivity are presented which is claimed to offer a plausible understanding of objectivity in law in both its factual and ideal aspects.

Keywords: objectivity, institutional theory, realism, conventionalism, idealism

Language: Polish

Published: Number 2(9)/2014, pp. 108-124

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Number of downloads: 21

Filed Under: Articles Tagged With: conventionalism, idealism, institutional theory, objectivity, realism

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Keywords

Spanish law psychological competence of mediators personalistic introspection Wojciech Engelking personal dimension in legal education judicial decision alternative dispute resolution legal holism cooperative morality public reason Georgii Sibirtsev Maciej Wojciechowski cultural heritage moral Christine Korsgaard cohesion regulation of order Jedwabne debate law and ethics Constitution medical law value pluralism Eemil Lagerspetz Sławomir Piekarczyk rationalization dialogical cosmopolitanism exercise of power lay judge popular constitutionalism qualified legal assistance crisis of the rule-of-law state US case law neopragmatism Bruce Ackerman legal interests transmission easement Arlie Hochschild disinformation grammatical problems terrorist attack multilingualism of law Devlin Katarzyna Mikołajczyk-Graj trust justification professional ethics logical derivation Agnieszka Bielska-Brodziak herculean method of adjudication American legal realism

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