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Vol 21 No 9 Sept/Oct 2016

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The Legal Theory of Ethical Positivism

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ISBN13: 9781855211711
ISBN: 1855211718
Published: July 1996
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00 - Unavailable at Publisher



In legal theory, legal positivism is generally taken to be the view that the concept of law can be elucidated without reference to morality. It is the thesis of this book that such a belief in the amoralism (and certainly the immoralism) of legal positivism is mistaken.

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Subjects:
Jurisprudence
Contents:
Part 1 Ethical positivism: the ethics of positivism
a positivism of rules
some implications of ethical positivism
the scheme of the book.
Part 2 The tragic paradox of politics: political philosophy
freedom and autonomy
utility and rights
justice
democracy
summary and critique.
Part 3 The roles of rules: the analysis of rules
rule rationales - the diversity of rationales, orderliness, fairness, socialization, efficiency
the politics of rules
critiques of rules.
Part 4 Positivist ideals: the prescriptive separation thesis
the historical associations
legalism not formalism.
Part 5 The ethics of positivism: legal positivism and the alleged amorality of law
lawyers' ethics
the ethics of adjudication
the legislative ethic and the role of the citizen.
Part 6 Ethical interpretations: interpretations
contextually evident meanings
stipulations
legislative purpose
recognizing rules.
Part 7 Humane rights and freedom of expression: rights and human rights
the articulation of human rights - the epistemological argument, the democratic argument, the ideological argument, the argument from positivist values.
Part 8 The political choices within freedom of speech: the argument for truth
the tendency to abuse and the harm of speech
the value of truth
the argument for self-determination
the argument for democracy.
Part 9 Positivist defamation law: defamation criteria - fact of value?
the elusive distinction between fact and opinion
defamation and freedom of expression.
Part 10 Conclusion: socialist positivism
critical legal positivism
feminist positivism
alternative dispute resolution.