By Matthew Kramer
What's objectivity? what's the rule of legislation? Are the operations of felony structures target? if that is so, in what methods and to what levels are they goal? Does whatever of significance depend upon the objectivity of legislations? those are a few of the important questions addressed by means of Matthew H. Kramer during this lucid and wide-ranging research that introduces readers to very important parts of philosophical enquiry.
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Extra info for Objectivity and the rule of law
The first and most obvious factor behind their confusion lies in their tendency to extrapolate unwisely from the appellate cases on which they typically concentrate in their legal pedagogy and research. Cases that get appealed from lower courts are usually marked by difficult issues with quite evenly balanced countervailing considerations. Law students and legal theorists alike often succumb to the temptation to think that those interestingly thorny cases – to which they generally devote far more attention than to boringly routine cases – are representative of the innumerable situations addressed by a legal system’s workings.
Hence, to advert starkly to the existence of considerations on each side of an issue as a ground for inferring the absence of any determinately correct way of resolving that issue is to commit a flagrant non sequitur. Proclamations of the prevalence of indeterminacy in systems of law too often rest on non sequiturs of that sort. 4. Indeterminacy versus Uncertainty. Overlapping with some of the factors already adduced is a fourth reason for the tendency of many legal theorists to exaggerate the extent of legal indeterminacy: their failure to 6 For an apt recognition of this latter point, see Greenawalt 1992, 39.
We therefore seem impelled toward the verdict that a period of six months (or even longer) is reasonably brief, and that a period of three days (or even shorter) is unreasonably protracted. To resolve this paradox, which has been known since ancient times and which bears mutatis mutandis on many dichotomies rather than only on the reasonable/unreasonable distinction (Sainsbury 1988, 25–48), we should acknowledge that each such dichotomy is associated with a gray area of borderline cases. Within that gray area – the boundaries of which are themselves vague – there is no determinate answer to the question whether any particular borderline phenomenon falls on one side or the other of the relevant dichotomy.