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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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From Positivism to Idealism: A Study of the Moral Dimensions of Legality

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ISBN13: 9780754623991
Published: September 2007
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



Shortlisted for the Inner Temple Book Prize 2008: Main Prize

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.

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Subjects:
Jurisprudence
Contents:
Reflection on law's nature
Reason, will and law
Doctrinal scholarship and the science of right
Legal positivism, doctrinal science and statist conceptions of law
The changing face of positivism: from Hobbes to Hart
The limits of legal positivism
Beyond positivism and idealism
Liberal politics and private law
The moral nature of law
Index.

Series: Inner Temple Book Prize 2008

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