The Legal Theory of Ethical Positivism Contributor(s): Campbell, Tom D. (Author) |
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ISBN: 1855211718 ISBN-13: 9781855211711 Publisher: Routledge OUR PRICE: $168.30 Product Type: Hardcover - Other Formats Published: March 1996 |
Additional Information |
BISAC Categories: - Philosophy | Ethics & Moral Philosophy - Law | Natural Law |
Dewey: 340.112 |
LCCN: 95034906 |
Series: Applied Legal Philosophy |
Physical Information: 312 pages |
Descriptions, Reviews, Etc. |
Publisher Description: 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. |