Hans Christoph Grigoleit (Ludwig Maximilians University of Munich - Faculty of Law) has posted Subjectivism, Objectivism and Intuitionism in Legal Reasoning – Avoiding the Pseudos (Philip M. Bender (ed.), The Law Between Objectivity and Power, Nomos & Hart Publishing, Baden-Baden & Oxford, 2021 (Forthcoming)) on SSRN. Here is the abstract:
The paper defines and explores objectivism and subjectivism in legal reasoning. The term subjectivism is used to describe two directions of legal arguments which play a crucial role basically in all legal systems: Firstly, subjectivism may refer in private law to the intention of one or more parties. Secondly, in the context of interpretation of all “authoritative” legal sources (statutes, precedents et al.), it may aim at the intention of the “legislator” (parliament; court et al.). On this definition basis, the paper presents – in a quite simple and synoptical manner – 12 statements which sketch out some limits of subjectivism, define some potentials of what may be established as the contrast criterion of objectivism and, finally, to establish intuitionism as a complementary and in the context meaningful third category.
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