Objectivism in Law and Judicial Discernment

Author

Professor at “ Philosophy Department” of Baqir al-Olum University.

10.22081/phlq.2022.73192

Abstract

The philosophical discussion about objective or subjective is sometimes focused on beings and things; Sometimes it is about linguistic propositions and expressions, and in the case of beings and things, it occurs in both metaphysical objectivism and epistemological objectivism. In the case of linguistic propositions and expressions, there are three approach and applications of objectivity; Semantic, metaphysical and discourse objectivity. In the field of legal issues, too, the objectivity is arised in several ways; and not in a common sense; and everywhere, in the contrary of a particular meaning, in the face of the opposite concept. Both metaphysical objectivity and epistemological objectivity are also raised in the field of legal issues. Metaphysical objectivity in law is accepted when we consider the existence of law to be independent of the minds and beliefs of individuals. Whereas epistemological objectivity in law has two meanings; in the first sense, objectivism means the observance of impartiality and non-partisanship, and in the second sense, it means the possibility of understanding and transindividualand discernibility and legal shareability.
 

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