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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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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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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

Series: Inner Temple Book Prize 2008

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The Arms Trade and International Law ISBN 9781841137469
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Hart Publishing
£95.00 + £19.00 VAT
Buying Social Justice: Equality, Government Procurement, & Legal Change ISBN 9780199232437
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Fundamentals of Patent Law: Interpretation and Scope of Protection ISBN 9781841136929
Published September 2007
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Subrogation: Law and Practice ISBN 9780199296644
Published March 2007
Oxford University Press
Child Abuse: Law and Policy Across Boundaries ISBN 9780198299462
Published March 2007
Oxford University Press
The Regulation of Cyberspace: Control in the Online Environment ISBN 9780415420013
Published December 2006
The Law and Economics of Article 82 EC ISBN 9781841135021
Published May 2006
Hart Publishing
Out of print