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Subjectivity and Law's Fields of Enquiry

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Abstract:

Abstract. 

Despite some appearances to the contrary, a popular view in jurisprudence is that there is a limited domain which either constitutes the field of enquiry of law or at least delineates the arena from which a particular field of enquiry ought to be selected. This article argues that “law” is comprised of a number of fields of enquiry that may be and are selected subjectively. It is claimed that theories of law may be freed from the perceived need to provide authoritative justification for their field of enquiry, if the role of subjectivity is acknowledged appropriately.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/j.1467-9337.2007.00349.x

Affiliations: Swansea UniversitySchool of LawSwansea SA2 8PPWales UK, Email: b.donnelly@swansea.ac.uk

Publication date: March 1, 2007

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