Prescriptive Legal Positivism
Title | Prescriptive Legal Positivism PDF eBook |
Author | Tom Campbell |
Publisher | Psychology Press |
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).
The Legal Theory of Ethical Positivism
Title | The Legal Theory of Ethical Positivism PDF eBook |
Author | Tom D. Campbell |
Publisher | Routledge |
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.
Prescriptive Legal Positivism
Title | Prescriptive Legal Positivism PDF eBook |
Author | Tom Campbell |
Publisher | Taylor & Francis |
Pages | 360 |
Release | 2024-11-01 |
Genre | Law |
ISBN | 1040288456 |
Tom Campbell is well known for his distinctive contributions to legal and political philosophy over three decades. In emphasizing the moral and political importance of taking a positivist approach to law and rights, he has challenged current academic orthodoxies and made a powerful case for regaining and retaining democratic control over the content and development of human rights. This collection of his 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). An introductory essay provides an historical overview of Professor Campbell's work and argues for the continuing importance of 'democratic positivism' at a time when it is again becoming clear that courts are ineffective protectors of human rights.
Judicial Power, Democracy and Legal Positivism
Title | Judicial Power, Democracy and Legal Positivism PDF eBook |
Author | Tom D. Campbell |
Publisher | Routledge |
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.
Legal Positivism
Title | Legal Positivism PDF eBook |
Author | Tom Campbell |
Publisher | Routledge |
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
The Cambridge Companion to Legal Positivism
Title | The Cambridge Companion to Legal Positivism PDF eBook |
Author | Torben Spaak |
Publisher | Cambridge University Press |
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.
Legal Positivism for Legal Officials
Title | Legal Positivism for Legal Officials PDF eBook |
Author | Felipe Jiménez |
Publisher | |
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.