The Legal Theory of Ethical Positivism

Nonfiction, Religion & Spirituality, Philosophy, Ethics & Moral Philosophy
Cover of the book The Legal Theory of Ethical Positivism by Tom D. Campbell, Taylor and Francis
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Author: Tom D. Campbell ISBN: 9781351886871
Publisher: Taylor and Francis Publication: December 5, 2016
Imprint: Routledge Language: English
Author: Tom D. Campbell
ISBN: 9781351886871
Publisher: Taylor and Francis
Publication: December 5, 2016
Imprint: Routledge
Language: English

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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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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