Legal Positivism

by Tom D. Campbell (Editor)

Overview

Despite persistent criticism from a variety of different perspectives including natural law, legal realism and socio-legal studies, legal positivism remains as an enduring theory of law. The essays contained in this volume represent the most balanced responses toward legal positivism and although largely sympathetic, the essays do not fail to criticize elements of the tradition wherever appropriate.

Product Details

ISBN-13:	9781351922425
Publisher:	Taylor & Francis
Publication date:	12/05/2016
Series:	The International Library of Essays in Law and Legal Theory (Second Series)
Sold by:	Barnes & Noble
Format:	eBook
Pages:	584
File size:	1 MB

About the Author

Tom D. Campbell

Table of Contents

Contents: Separability, Sources and Rules: Authority, law and morality, Joseph Raz; Rules and social facts, Jules Coleman; Wilfrid Waluchow and the argument from authority, Tim Dare; Rules and the rule of law, Frederick Schauer. Rules and Authority: Second-order reasons, uncertainty and legal theory, Stephen R. Perry; Law and exclusionary reasons, Larry Alexander; Positivism and the foundations of legal authority, Rolf Sartorius; Positivism through thick and thin, Frederick Schauer. Prescriptive Positivism: A moralistic case for a-moralistic law, D. Neil McCormick; Constitutional positivism, Frederick Schauer; Natural law ambiguities, Robin West; Legislation, authority and voting, Jeremy Waldron; The point of legal positivism, Tom D. Campbell. Revisiting the Classical Positivists: Was Hobbes a legal positivist?, Mark C. Murphy; Kant's legal positivism, Jeremy Waldron, The expositor, the censor and the common law, Gerald J. Postema; The neo-Kantian dimensions of Kelsen's pure theory of law, Stanley L. Paulson; Misunderstanding positivism, Anthony J. Sebok; Name index.

Editorial Reviews

A collection of essays previously published in scholarly journals in the 1990s, with a few from the 1980s and 1970s. Most essays are by those who are sympathetic towards legal positivism, although not uncritical of elements in the tradition. Essays are in sections on separability and sources and rules, rules and authority, prescriptive positivism, and revisiting the classical positivists. They examine areas such as Kant's legal positivism, constitutional positivism, natural law ambiguities, positivism and foundations of legal authority, and Wilfred Waluchow and the argument from authority. Original pagination has been retained. The editor is affiliated with The Australian National University. Lacks a subject index. Annotation c. Book News, Inc., Portland, OR (booknews.com)

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