The Legal Theory of Ethical Positivism (Applied Legal Philosophy)

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The Legal Theory of Ethical Positivism (Applied Legal Philosophy) image
ISBN-10:

1855211718

ISBN-13:

9781855211711

Author(s): Campbell, Tom D.
Edition: 1
Released: Mar 07, 1996
Publisher: Routledge
Format: Hardcover, 312 pages

Description:

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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