ENGLISH

The Legal Theory of Ethical Positivism

Book information

Publisher
Routledge
Year
1996
ISBN
1855211718, 9781855211711
Language
english
Format
PDF
Filesize
6 MB (6389192 bytes)
Series
Applied Legal Philosophy
Edition
1st ed
Pages
312\301
Scanned
yes
Time added
2017-05-25 00:32:58

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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