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The Legal Theory of Ethical Positivism

Tom D. Campbell

ISBN13: 9781855211711

ISBN: 1855211718

Published: July 1996

Publisher: Routledge

Country of Publication: UK

Format: Hardback

Price: £135.00 - Unavailable at Publisher

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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.

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.