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The Legal Theory Of Ethical Positivism
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Book Synopsis The Legal Theory of Ethical Positivism by : Tom D. Campbell
Download or read book The Legal Theory of Ethical Positivism written by Tom D. Campbell and published by Routledge. This book was released on 2016-12-05 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Legal Theory of Ethical Positivism by : Tom Campbell
Download or read book The Legal Theory of Ethical Positivism written by Tom Campbell and published by Routledge. This book was released on 1996 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis The Legal Theory of Ethical Positivism by : Tom Campbell
Download or read book The Legal Theory of Ethical Positivism written by Tom Campbell and published by . This book was released on 1996 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal Positivism by : Tom D. Campbell
Download or read book Legal Positivism written by Tom D. Campbell and published by Routledge. This book was released on 2016-12-05 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Prescriptive Legal Positivism by : Tom Campbell
Download or read book Prescriptive Legal Positivism written by Tom Campbell and published by Psychology Press. This book was released on 2004 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Book Synopsis Philosophy of Law: A Very Short Introduction by : Raymond Wacks
Download or read book Philosophy of Law: A Very Short Introduction written by Raymond Wacks and published by OUP Oxford. This book was released on 2014-02-27 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Legal Positivism by : Samuel I. Shuman
Download or read book Legal Positivism written by Samuel I. Shuman and published by Detroit : Wayne University Press. This book was released on 1963 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Autonomy of Law by : Robert P. George
Download or read book The Autonomy of Law written by Robert P. George and published by Clarendon Press. This book was released on 1999 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?.
Book Synopsis Ethical Dimensions of Legal Theory by :
Download or read book Ethical Dimensions of Legal Theory written by and published by BRILL. This book was released on 2021-11-15 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Cambridge Companion to Legal Positivism by : Torben Spaak
Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Book Synopsis A Course in Legal Theory: Legal positivism by : Emmanuel Q. Fernando
Download or read book A Course in Legal Theory: Legal positivism written by Emmanuel Q. Fernando and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Critical Legal Positivism by : Kaarlo Tuori
Download or read book Critical Legal Positivism written by Kaarlo Tuori and published by Routledge. This book was released on 2017-03-02 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis From Positivism to Idealism by : Sean Coyle
Download or read book From Positivism to Idealism written by Sean Coyle and published by Routledge. This book was released on 2017-11-28 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illuminating the idea of legality by a consideration of its moral nature, this book explores the emergence and development of two rival traditions of legal thought (those of 'positivism' and 'idealism') which together define the structure of modern juridical thought. In doing so, it consciously departs from many of the tendencies and working assumptions that define modern legal philosophy. The book examines the shifts in thinking about the rule of law and the wider significance of law, brought about by changing conceptions of the nature of law: from an understanding of law in which the primary focus is on rights, to an articulation of the legal order as a body of deliberately posited rules, and finally to the present understanding of law as a systematic body of rules and principles underpinned by an abiding concern with individual rights. By exposing the historical and metaphysical underpinnings of these theoretical traditions, the book imparts an idea of their limitations and moves beyond the understandings offered within them of the nature of legality.
Book Synopsis Legal Positivism in American Jurisprudence by : Anthony J. Sebok
Download or read book Legal Positivism in American Jurisprudence written by Anthony J. Sebok and published by Cambridge University Press. This book was released on 1998-10-28 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought.
Book Synopsis Judicial Power, Democracy and Legal Positivism by : Tom D. Campbell
Download or read book Judicial Power, Democracy and Legal Positivism written by Tom D. Campbell and published by Routledge. This book was released on 2017-03-02 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Moral Aspects of Legal Theory by : David Lyons
Download or read book Moral Aspects of Legal Theory written by David Lyons and published by Cambridge University Press. This book was released on 1993-01-29 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice.
Book Synopsis The Legal Relation by : Alexander Somek
Download or read book The Legal Relation written by Alexander Somek and published by Cambridge University Press. This book was released on 2017-10-12 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as 'character masks' (Marx), for example, as 'buyer' and 'seller' or 'landlord' and 'tenant'. We expect to have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.
