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| Author | : Tom Campbell |
| Publisher | : Psychology Press |
| Total Pages | : 360 |
| Release | : 2004 |
| Genre | : Law |
| ISBN | : 9781844720231 |
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).
| Author | : Tom D. Campbell |
| Publisher | : Routledge |
| Total Pages | : 417 |
| Release | : 2016-12-05 |
| Genre | : Philosophy |
| ISBN | : 1351886878 |
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.
| Author | : Tom D. Campbell |
| Publisher | : Routledge |
| Total Pages | : 426 |
| Release | : 2017-03-02 |
| Genre | : Law |
| ISBN | : 1351924648 |
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.
| Author | : Tom Campbell |
| Publisher | : Routledge |
| Total Pages | : 582 |
| Release | : 1999 |
| Genre | : Law |
| ISBN | : |
17 Stanley L. Paulson (1992), 'The Neo-Kantian Dimension of Kelsen's Pure Theory of Law', Oxford Journal of Legal Studies, 12, pp. 311-32. -- 18 Anthony J. Sebok (1995), 'Misunderstanding Positivism', Michigan Law Review, 93, pp. 2054-132. -- Name Index
| Author | : Torben Spaak |
| Publisher | : Cambridge University Press |
| Total Pages | : 807 |
| Release | : 2021-02-04 |
| Genre | : Law |
| ISBN | : 1108427677 |
The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
| Author | : Felipe Jiménez |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2022 |
| Genre | : |
| ISBN | : |
This paper makes a conceptual prescription: it argues that judges and lawyers should adopt a positivist concept of law, on normative grounds. The positivist view, I will argue, is more consistent with reasonable disagreement and majority rule than nonpositivist views, offers a better view of law's moral standing, and is more consistent with what Dworkin called “integrity” than non-positivism. As the paper explains, this is an argument about what I call the “operative” concept of law. As such, the argument avoids potential problems for conceptual prescription, and shows why even those who adopt non-positivist views about the nature of law might accept it.
| Author | : Matthew H. Kramer |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 328 |
| Release | : 2003 |
| Genre | : Law |
| ISBN | : 9780199264834 |
As an uncompromising defense of legal positivism, this book insists on the separability of law and morality. After distinguishing among three main dimensions of morality, the book explores a variety of ways in which law has been perceived by natural-law theorists as integrally connected to each of those dimensions. Some of the chapters pose arguments against major philosophers who have written on these issues, including David Lyons, Lon Fuller, Antony Duff, Joseph Raz, Ronald Dworkin, John Finnis, Philip Soper, Neil MacCormick, Robert Alexy, Gerald Postema, Stephen Perry, and Michael Moore. Several other chapters extend rather than defend legal positivism; they refine the insights of positivism and develop the implications of those insights in strikingly novel directions. The book concludes with a long discussion of the obligation to obey the law a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.
| Author | : Tom D. Campbell |
| Publisher | : Routledge |
| Total Pages | : 551 |
| Release | : 2016-12-05 |
| Genre | : Law |
| ISBN | : 1351922424 |
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.
| Author | : Kaarlo Tuori |
| Publisher | : Routledge |
| Total Pages | : 462 |
| Release | : 2017-03-02 |
| Genre | : Law |
| ISBN | : 135194732X |
This profound and scholarly treatise develops a critical version of legal positivism as the basis for modern legal scholarship. Departing from the formalism of Hart and Kelsen and blending the European tradition of Weber, Habermas and Foucault with the Anglo-American contributions of Dworkin and MacCormick, Tuori presents the normative and practical faces of law as a multilayered phenomenon within which there is an important role for critical legal dogmatics in furthering law's self-understanding and coherence. Its themes also resonate with importance for the development of the European legal system.
