We are experiencing a crisis of confidence in the idea of objectivity. In scholarly circles, many are ready to discontinue talk of objectivity altogether, on the grounds that it has been nothing more than a mask for the oppressive practices of politically and economically privileged groups, promising neutrality where in fact there are only power relations. Some feminist legal scholars, some critical race scholars, and some critical legal studies scholars, along with some contemporary philosophers, argue that objectivity is inevitably a problematic, dangerous idea or ideal. Critics of objectivity sometimes argue that it can never be genuinely had, only claimed under false pretenses and then used oppressively.
92 Mich. L. Rev. 1187
Scholarly Commons Citation
Feldman, Heidi Li, "Objectivity in Legal Judgment" (1994). Georgetown Law Faculty Publications and Other Works. 1715.