The Legal Theory of Ethical Positivism
Book Details
Format
Hardback or Cased Book
Book Series
Applied Legal Philosophy
ISBN-10
1855211718
ISBN-13
9781855211711
Publisher
Taylor & Francis Ltd
Imprint
Dartmouth Publishing Co Ltd
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Mar 7th, 1996
Print length
312 Pages
Weight
1,180 grams
Product Classification:
Jurisprudence & philosophy of lawSystems of law
Ksh 27,900.00
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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.
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.
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