Old Toad Posted June 19, 2008 Report Share Posted June 19, 2008 (edited) The concept of objectivity is at root a combination of metaphysics and epistemology. I am defending that. What I think you are doing is dropping the metaphysics component in this particular context. Objective does not mean understandable - it means grounded in reality (that is the essential). In discussing this with Sophia, I think it would be helpful to note that the word “law” has several senses, including these two: 1. law - legal document setting forth rules governing a particular kind of activity; "there is a law against kidnapping" -- is a kind of legal document, legal instrument, official document, instrument -- is a part of law, jurisprudence -- has particulars: anti-drug law; anti-racketeering law, Racketeer Influenced and Corrupt Organizations Act, RICO Act, RICO; antitrust legislation, antitrust law; statute of limitations; fundamental law, organic law, constitution; public law; blue law; blue sky law; gag law; homestead law; poor law; Riot Act; prohibition 2. law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order" -- is a kind of collection, aggregation, accumulation, assemblage -- has parts: law -- has particulars: administrative law; canon law, ecclesiastical law; civil law; common law, case law, precedent; international law, law of nations; law of the land; maritime law, admiralty law; martial law; mercantile law, commercial law, law merchant; military law; Mosaic law, Law of Moses; shariah, shariah law, sharia, sharia law, Islamic law; statutory law; securities law; tax law http://www.wordnet-online.com/law.shtml In the first sense, “law” is a type of instrument, that is, a communication of a certain type of subject matter. In the second sense, “law” is the substantive collection of rules imposed by authority, usually a government. In the sense of a communication, a law must be objective. By analogy, this is like giving an “objective instruction” to an employee. This means that the substance of what is communicated must be objective as between the employer and employee. An “objective instruction” does not mean that the substance of the instruction must also be objectively justifiable. Even more broadly, an "objective communication" does not require that the substance of the communication be objectively justifiable. Edited June 19, 2008 by Old Toad Quote Link to comment Share on other sites More sharing options...
agrippa1 Posted June 27, 2008 Report Share Posted June 27, 2008 Objectivity is the lens through which we identify the justness of a law's motivation. An objective law can be unjustly motivated, and will therefore be unjust. A subjective law is unjust, regardless of its motivation. Quote Link to comment Share on other sites More sharing options...
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