Tom D. Campbell – författare

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.

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.

This title was first published in 2001. The essays in this highly cosmopolitan collection were selected from over 250 contributions presented at the 19th World Congress in Philosophy of Law and Social Philosophy (IVR) held in New York in 1999. They represent a cross-section of contemporary work on human rights derived from eleven different countries.

This title was first published in 2001. The essays in this highly cosmopolitan collection were selected from over 250 contributions presented at the 19th World Congress in Philosophy of Law and Social Philosophy (IVR) held in New York in 1999. They represent a cross-section of contemporary work on human rights derived from eleven different countries.

This title was first published in 2001. The essays in this highly cosmopolitan collection were selected from over 250 contributions presented at the 19th World Congress in Philosophy of Law and Social Philosophy (IVR) held in New York in 1999. They represent a cross-section of contemporary work on human rights derived from eleven different countries.

This title was first published in 2001. The essays in this highly cosmopolitan collection were selected from over 250 contributions presented at the 19th World Congress in Philosophy of Law and Social Philosophy (IVR) held in New York in 1999. They represent a cross-section of contemporary work on human rights derived from eleven different countries.

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 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.

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.

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.

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.

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.

Justice is one of the most enduring and central concepts within applied philosophy, and generates a vast and varied literature. Since our highly successful first series 'The Library of Essays on Justice', which was published in 2012, several approaches to justice have grown in importance and this second series offers a much needed update. The four volumes in the series bring together the most important historical and contemporary articles on key topics, and are edited by leading experts in the field. The series is an indispensable reference resource for libraries, a useful 'one-stop' teaching aid for lecturers and essential material for students.

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.