The Legal Theory of Ethical Positivism

The Legal Theory of Ethical Positivism
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.

The Legal Theory of Ethical Positivism

The Legal Theory of Ethical Positivism
Author: Tom Campbell
Publisher: Routledge
Total Pages: 318
Release: 1996
Genre: Law
ISBN:

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
Author: Raymond Wacks
Publisher: OUP Oxford
Total Pages: 169
Release: 2014-02-27
Genre: Law
ISBN: 0191510637

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.

The Cambridge Companion to Legal Positivism

The Cambridge Companion to Legal Positivism
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.

The Autonomy of Law

The Autonomy of Law
Author: Robert P. George
Publisher: Clarendon Press
Total Pages: 356
Release: 1999
Genre: Electronic books
ISBN: 9780198267904

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
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.

Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint

Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint
Author: Frederic R. Kellogg
Publisher: Cambridge University Press
Total Pages: 0
Release: 2011-06-30
Genre: Philosophy
ISBN: 9780521321921

Oliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an original legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers.

The Concept of Law

The Concept of Law
Author: Herbert Lionel Adolphus Hart
Publisher:
Total Pages: 263
Release: 1986
Genre: Jurisprudence
ISBN: