The Legal Theory of Ethical Positivism

The Legal Theory of Ethical Positivism PDF

Author: Tom D. Campbell

Publisher: Routledge

Published: 2016-12-05

Total Pages: 417

ISBN-13: 1351886878

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The Legal Theory of Ethical Positivism re-establishes some of the dogmas of classical legal positivism regarding the separation of legizlation and adjudication and the feasibility of institutionalizing the morally neutral application of rules as an ideal capable of significant realization. This is supplemented by an analysis of the formal similarities of the morally and legally adjudicative points of view which offers the prospects of attributing a degree of moral authority to positivistic rule application in particular cases. These theories are worked through in their application to specific problem areas, particularly freedom of communication.

The Legal Theory of Ethical Positivism

The Legal Theory of Ethical Positivism PDF

Author: Tom Campbell

Publisher: Routledge

Published: 1996

Total Pages: 318

ISBN-13:

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Introduction -- Defamation Criteria: Fact or Value? -- The Elusive Distinction between Fact and Opinion -- Defamation and Freedom of Expression -- Conclusion -- 10 Conclusion: A Unifying Prescription -- Introduction -- Socialist Positivism -- Critical Legal Positivism -- Feminist Positivism -- Alternative Dispute Resolution -- Conclusion -- Bibliography -- Index

Philosophy of Law: A Very Short Introduction

Philosophy of Law: A Very Short Introduction PDF

Author: Raymond Wacks

Publisher: OUP Oxford

Published: 2014-02-27

Total Pages: 152

ISBN-13: 0191510645

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The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Prescriptive Legal Positivism

Prescriptive Legal Positivism PDF

Author: Tom Campbell

Publisher: Psychology Press

Published: 2004

Total Pages: 360

ISBN-13: 9781844720231

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This collection of Tom Campbell's essays reaches back to his pioneering work on socialist rights in the 1980s and forward from his seminal book, The Legal Theory of Ethical Positivism (1996).

Legal Positivism

Legal Positivism PDF

Author: Tom D. Campbell

Publisher: Routledge

Published: 2016-12-05

Total Pages: 551

ISBN-13: 1351922424

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Despite persistent criticism from a variety of different perspectives including natural law, legal realism and socio-legal studies, legal positivism remains as an enduring theory of law. The essays contained in this volume represent the most balanced responses toward legal positivism and although largely sympathetic, the essays do not fail to criticize elements of the tradition wherever appropriate.

The Autonomy of Law

The Autonomy of Law PDF

Author: Robert P. George

Publisher: Clarendon Press

Published: 1999

Total Pages: 356

ISBN-13: 9780198267904

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This collection of essays from legal philosophers offers an assessment of the nature and viability of legal positivism. It addresses questions such as: to what extent is the law adequately described as autonomous?; and should legal theorists maintain a conceptual separation of law and morality?.

Judicial Power, Democracy and Legal Positivism

Judicial Power, Democracy and Legal Positivism PDF

Author: Tom D. Campbell

Publisher: Routledge

Published: 2017-03-02

Total Pages: 426

ISBN-13: 1351924648

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In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian constitutional law.

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