• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Article

Объективность в праве и в юридическом мышлении

This paper is devoted to an analysis of a book written by the Finnish, Dutch and Belgian legal scholars on the issue of objectivity of law. The main objective of this book is to investigate whether there are any firm criteria in the legal theory, any
indisputable truths in the legal dogmatic, any preconditions of predictable and stable law-enforcement practice. Legal theorists consider their discipline as an objective endeavor in line with other fields of science. Objectivity in science is generally regarded as a fundamental condition, informing how science should be practiced and how truth can be found. Objective scientists venture to uncover empirical truths about the world and ought to eliminate personal biases, prior commitments and emotional involvement. However, legal theorists are inevitably bound up with a given legal culture. Consequently, their scholarly work derives at least in part from this environment and their subtle interaction with it. The analyzed book questions critically, in novel ways and from various perspectives, the possibilities of objectivity of legal theory in the twenty-first century. It transpires that legal theory is unavoidably confronted with varying conceptions of law, underlying ideologies, approaches to legal method, argumentation and discourse, which limit the possibilities of
‘objectivity’ in law and legal reasoning. The reviewed book reveals some of these underlying notions and discusses their consequences for legal theory. In the author’s opinion, this book is an important contribution to the debates about objectivity of law both in the world of legal science and in the Russian jurisprudence.