Judicial Power, Democracy, and Legal Positivism PDF Download
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Author: Tom Campbell
Publisher: Routledge
ISBN:
Category : Law
Languages : en
Pages : 472
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Book Description
This collection of essays by a group of leading legal philosophers from the US, the USA and Australasia centres of the juridification of politics through enhancing the entrenched power of judges. The issues are examined in the context of a critique of the revival of legal positivism as a prescriptive political philosophy closely tied to the tradition of parliamentary democracy. The papers originated in an extended workshop held at the Australian National University in 1998 on 'Judicial Activism and Judicial Review in Australian Democracy'. Some of the essays focus on the recent Australian developments with respect to implied constitutional rights and others concentrate on Tom Campbell's legal theory of 'ethical positivism'. The book as a whole presents powerful and conflicting arguments bearing on the global debate about the changing role of judges.
Author: Tom Campbell
Publisher: Routledge
ISBN:
Category : Law
Languages : en
Pages : 472
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Book Description
This collection of essays by a group of leading legal philosophers from the US, the USA and Australasia centres of the juridification of politics through enhancing the entrenched power of judges. The issues are examined in the context of a critique of the revival of legal positivism as a prescriptive political philosophy closely tied to the tradition of parliamentary democracy. The papers originated in an extended workshop held at the Australian National University in 1998 on 'Judicial Activism and Judicial Review in Australian Democracy'. Some of the essays focus on the recent Australian developments with respect to implied constitutional rights and others concentrate on Tom Campbell's legal theory of 'ethical positivism'. The book as a whole presents powerful and conflicting arguments bearing on the global debate about the changing role of judges.
Author: Tom Campbell
Publisher: Psychology Press
ISBN: 9781844720231
Category : Law
Languages : en
Pages : 360
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Book Description
This collection of Tom Campbell's essays reaches back to his pioneering work on socialist rights in the 1980s and forward from his seminal book, The Legal Theory of Ethical Positivism (1996).
Author: Tom D. Campbell
Publisher: Routledge
ISBN: 1351922424
Category : Law
Languages : en
Pages : 551
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Book Description
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.
Author: Tom Campbell
Publisher: Routledge
ISBN:
Category : Law
Languages : en
Pages : 582
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Book Description
17 Stanley L. Paulson (1992), 'The Neo-Kantian Dimension of Kelsen's Pure Theory of Law', Oxford Journal of Legal Studies, 12, pp. 311-32. -- 18 Anthony J. Sebok (1995), 'Misunderstanding Positivism', Michigan Law Review, 93, pp. 2054-132. -- Name Index
Author: Torben Spaak
Publisher: Cambridge University Press
ISBN: 1108427677
Category : Law
Languages : en
Pages : 807
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Book Description
The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Author: Hans Kelsen
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775785
Category : Law
Languages : en
Pages : 366
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Book Description
Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.
Author: Linda Ross Meyer
Publisher: Hart Publishing
ISBN: 9781901362985
Category : Law
Languages : en
Pages : 0
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Book Description
The essays in this volume are all concerned with the arguments about law as a system of rule-based decision-making,particularly the ideas advanced by legal philosopher Frederick Schauer. Schauer's work has not only helped revive interest in legal formalism but has also helped relocate arguments about the relationship between posited rules and morality. The contributors to this volume, themselves distinguished theorists, have concentrated on three aspects of Schauer's work: the nature of jurisprudential description; his theory of presumptive positivism; and the application of his theory of rule-based decision-making to other areas of legal and moral thought. Contributors: Larry Alexander, Brian Bix, Philip Bobbitt, Marianne Constable, Michael C. Dorf, Jeremy Elkins, Claire Oakes Finkelstein, Leo Katz, Jason Johnston, Dennis Patterson.
Author: David Plunkett
Publisher: Oxford University Press
ISBN: 0190640413
Category : Law
Languages : en
Pages : 465
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Book Description
Understood one way, the branch of contemporary philosophical ethics that goes by the label "metaethics" concerns certain second-order questions about ethics-questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts (insofar as there are any) fit into reality. Analogously, the branch of contemporary philosophy of law that is often called "general jurisprudence" deals with certain second order questions about law- questions not in the law, but rather ones about our thought and talk about the law, and how legal facts (insofar as there are any) fit into reality. Put more roughly (and using an alternative spatial metaphor), metaethics concerns a range of foundational questions about ethics, whereas general jurisprudence concerns analogous questions about law. As these characterizations suggest, the two sub-disciplines have much in common, and could be thought to run parallel to each other. Yet, the connections between the two are currently mostly ignored by philosophers, or at least under-scrutinized. The new essays collected in this book are aimed at changing this state of affairs. Dimensions of Normativity collects together works by metaethicists and legal philosophers that address a number of issues that are of common interest, with the goal of accomplishing a new rapprochement between the two sub-disciplines.
Author: Frederick Schauer
Publisher: Clarendon Press
ISBN: 0191018740
Category : Law
Languages : en
Pages : 596
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Book Description
This is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both explaining the idea of a rule and making the case for taking rules seriously, the book is a departure both in scope and in perspective from anything that now exists.
Author: Jörg Kammerhofer
Publisher: Cambridge University Press
ISBN: 1316062384
Category : Law
Languages : en
Pages : 555
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Book Description
International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse and criticise positivism as a conceptual framework for international law, explore its relationships with other approaches and apply it to current problems of international law. Is legal positivism relevant to the theory and practice of international law today? Have other answers to the problems of international law and the critique of positivism undermined the positivist project and its narratives? Do modern forms of positivism, inspired largely by the theoretically sophisticated jurisprudential concepts associated with Hans Kelsen and H. L. A. Hart, remain of any relevance for the international lawyer in this 'post-modern' age? The authors provide a wide variety of views and a stimulating debate about this family of approaches.
