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A Critical Analysis of Objectivity in the Legal Sphere

A Critical Analysis of Objectivity in the Legal Sphere ARGUMENTATION AND ADVOCACY 30 (Spring 1994): 220-235 A CRITICAL ANALYSIS OF OBJECTIVITY IN THE LEGAL SPHERE Jon Bruschke Objectivity has received a bad name. KEY CONCEPTS This presents a special problem to the field Much of the present debate about of law, and it is a problem that argument objectivity may be confused by static scholars are in a position to shed some definitions of the term which attempt to light on. Setting aside the radical Critical define it in a bifurcated fashion rather Legal conclusion that the only consistent than in a way that explores its multi-form action is to do away with law altogether manifestations. Given this confusion, the (for example, Gable, 1980), there is on the search for objectivity ought to begin with a one hand the conclusion that, so long as a definition, and the process of definition legal system exists, it is necessary that should start by distinguishing three pos­ judges remain objective (Bennett, 1984). sible meanings. The first is the logical The reason is obvious. The point of law is positivist definition, which assumes facts to enforce justice. However, if judges are are "thinglike objects existing outside and deciding on arbitrary bases, then http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Argumentation and Advocacy Taylor & Francis

A Critical Analysis of Objectivity in the Legal Sphere

Bruschke, Jon
Argumentation and Advocacy , Volume 30 (4): 16 – Mar 1, 1994
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A Critical Analysis of Objectivity in the Legal Sphere

Abstract

ARGUMENTATION AND ADVOCACY 30 (Spring 1994): 220-235 A CRITICAL ANALYSIS OF OBJECTIVITY IN THE LEGAL SPHERE Jon Bruschke Objectivity has received a bad name. KEY CONCEPTS This presents a special problem to the field Much of the present debate about of law, and it is a problem that argument objectivity may be confused by static scholars are in a position to shed some definitions of the term which attempt to light on. Setting aside the radical Critical define it in a bifurcated fashion rather...
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Publisher
Taylor & Francis
Copyright
© 1994 Taylor and Francis Group, LLC
ISSN
2576-8476
eISSN
1051-1431
DOI
10.1080/00028533.1994.11951590
Publisher site
See Article on Publisher Site

Abstract

ARGUMENTATION AND ADVOCACY 30 (Spring 1994): 220-235 A CRITICAL ANALYSIS OF OBJECTIVITY IN THE LEGAL SPHERE Jon Bruschke Objectivity has received a bad name. KEY CONCEPTS This presents a special problem to the field Much of the present debate about of law, and it is a problem that argument objectivity may be confused by static scholars are in a position to shed some definitions of the term which attempt to light on. Setting aside the radical Critical define it in a bifurcated fashion rather Legal conclusion that the only consistent than in a way that explores its multi-form action is to do away with law altogether manifestations. Given this confusion, the (for example, Gable, 1980), there is on the search for objectivity ought to begin with a one hand the conclusion that, so long as a definition, and the process of definition legal system exists, it is necessary that should start by distinguishing three pos­ judges remain objective (Bennett, 1984). sible meanings. The first is the logical The reason is obvious. The point of law is positivist definition, which assumes facts to enforce justice. However, if judges are are "thinglike objects existing outside and deciding on arbitrary bases, then

Journal

Argumentation and Advocacy – Taylor & Francis

Published: Mar 1, 1994

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