Show Less
Restricted access

The Rule of Law and the Challenges to Jurisprudence

Selected Papers Presented at the Fourth Central and Eastern European Forum for Legal, Political and Social Theorists, Celje, 23–24 March 2012


Edited By Péter Cserne, Miklós Könczöl and Marta Soniewicka

Over the last two decades scholars and citizens in Central and Eastern Europe had more than enough opportunity to realise that neither democracy nor the rule of law can be taken for granted. Such a realisation also means that if they want to think and speak clearly about or take a stand for their political and legal ideals, they need to reflect on them constantly, and conceptualise them in novel ways, by questioning entrenched lines of argument and problematising established patterns of thought. The contributors of this volume discuss a wide range of subjects from jurisprudential methodology and legal reasoning through democracy and constitutional courts to rights and criminal justice, raising questions and suggesting new ideas on «The Rule of Law and the Challenges to Jurisprudence» in Central and Eastern Europe and beyond.
Show Summary Details
Restricted access

Objectivity as Coherence in Practical Discourse


Lidia Rodak


Objectivity in law is one of the most discussed and least settled topics in jurisprudence. The literature is full of volumes dealing with the problems of objectivity1 but nearly all are from a theoretical perspective. The lack of any theoretical consensus within legal scholarship also renders the discourse on the concept of objectivity rather opaque. Indeed, many authors who deal with objectivity create their own conceptual maps, offering their own typologies and understandings.2 Although some legal scholars consider that it is better to use a specialised vocabulary when talking about objectivity in order to be precise and develop a better understanding, this may add to the confusion of the overall picture.

The concept of objectivity is fundamental both to the creation of law and its application. While its role in law creation is generally considered both necessary and a key function (Dworkin 1996; Moore 1992, 1985), objectivity in the application of law is commonly the subject of criticism and strong attacks. In this paper, I focus on objectivity in practical legal discourse in order to demonstrate that its role is much more complex than has previously been realised in scholarship.3 ← 65 | 66 →

This paper does not take for granted any of the existing theoretical perspectives on how objectivity should be defined or the necessary elements for its definition.4 On the contrary, the description I am suggesting, based on an analysis of case law, is one of ‘final...

You are not authenticated to view the full text of this chapter or article.

This site requires a subscription or purchase to access the full text of books or journals.

Do you have any questions? Contact us.

Or login to access all content.