This book examines the tension between the law of objectivity and power. Is law an instrument of power or, on the contrary, is it able to limit power due to its objective character? The book uses an international and interdisciplinary approach to explore this question. It not only examines the central problem from a theoretical perspective, but also includes insights from practical, doctrinal contributions.
Part 1: Introduction 1 Ways of Thinking about Objectivity Philip M. Bender Part 2: Objectivity and Legal Interpretation 2 Subjectivism, Objectivism, and Intuitionism in Legal Reasoning: Avoiding the Pseudos Hans Christoph Grigoleit 3 Historical Arguments, Dynamic Interpretation, and Objectivity: Reconciling Three Conflicting Concepts in Legal Reasoning Franz Bauer Part 3: Objectivity and Constitutional Law 4 The Law between Objectivity and Power from the Perspective of Constitutional Adjudication Peter M. Huber 5 Conceptual and Jurisprudential Foundations of the Debate on Interpretive Methodology in Constitutional Law: An Argument for More Analytical Rigor Daniel Wolff Part 4: Objectivity and Private Law 6 The Role for Remedial Discretion in Private Law Adjudication Ben Köhler 7 The Essential-Matters Doctrine (Wesentlichkeitsdoktrin) in Private Law: A Constitutional Limit to Judicial Development of the Law? Victor Jouannaud 8 Private International Law between Objectivity and Power Andreas Engel Part 5: Objectivity and Criminal Law 9 Algorithmic Crime Control between Risk, Objectivity, and Power Lucia Sommerer 10 Innocence: A Presumption, a Principle, and a Status Martín D. Haissiner Part 6: Objectivity and International Arbitration 11 Stateless Justice: The Evolutionary Character of International Arbitration Fabio Núñez del Prado 12 International Arbitration as a Project of World Order: Reimagining the Legal Foundations of International Arbitration Santiago Oñate Part 7: Objectivity and Interdisciplinary Perspectives of Economics and Literature 13 Economic Analysis of Law: Inherent Component of the Legal System Peter Zickgraf 14 From the Furies to ‘Off with Their Heads’: The Complex Inter-Relation between Law and Power in the Legal-Literary Canon Emilia Jocelyn-Holt Part 8: Structural Objectivity 15 Metaphors Lawyers Live by: Cognitive Linguistics and the Challenge for Pursuing Objectivity in Legal Reasoning Jan-Erik Schirmer 16 The Citizenship Duality Alvin Padilla-Babilonia
Philip Maximilian Bender is a research fellow at the Max-Planck-Institute for Tax Law and Public Finance in Munich, Germany.
