Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1991

Jurisprudence

Stephen M. Feldman

Articles 1 - 1 of 1

Full-Text Articles in Law

The New Metaphysics: The Interpretive Turn In Jurisprudence, Stephen M. Feldman Dec 1990

The New Metaphysics: The Interpretive Turn In Jurisprudence, Stephen M. Feldman

Stephen M. Feldman

A debate between realists and antirealists has characterized western metaphysics. While metaphysical realists ground existence on an objective world, antirealists ground existence on a thinking subject and human culture. The argument in jurisprudence, as elsewhere, is that either we are capable of objective knowledge or we are doomed to free-floating subjectivism. We demand the impossible -- absolute objectivity -- to avoid the catastrophic -- unconstrained subjectivity. The interpretive turn attempts to move beyond this insoluble dilemma, the either/or of objectivity and subjectivity. Thus, in jurisprudence, the interpretive turn is well worth taking if only because it offers the possibility of …