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- Title
Objective and Subjective Tests in the Law.
- Authors
WRIGHT, R. GEORGE
- Abstract
Across many subject areas, the law commonly attempts to distinguish between objective and subjective tests, and to assess the merits of objective as opposed to subjective legal tests. This Article argues that all such efforts are fundamentally incoherent and ultimately futile in practice. As demonstrated below, what the law takes to be objective in the relevant sense is essentially constituted by what the law takes to be subjective, and vice versa. Judicial preoccupation with objective and subjective tests thus does no more than distract from more meaningful concerns. Judicial attention should be directed away from this hopeless distinction, and insteadfocused on devising tests that best reflect the substantive interests at stake in any given context.
- Subjects
SUBJECTIVITY; OBJECTIVITY; CONTRACTS
- Publication
University of New Hampshire Law Review, 2017, Vol 16, Issue 1, p121
- ISSN
2325-7318
- Publication type
Article