From Positivism to Idealism: A Study of the Moral Dimensions of LegalityExamining the emergence and development of legal positivism as a distinctive and particularly powerful tradition in legal thought, this book places particular emphasis on its relationship to traditional understandings of the common law and on forms of idealism. The focus throughout is on the consequences positivism holds for the idea of the rule of law and of law's role in maintaining (and perhaps creating) conditions of stable social order. The book examines the shifts in thinking about the rule of law and the wider significance of law, brought about by changing conceptions of the nature of law: from an understanding of law in which the primary focus is on rights, to an articulation of the legal order as a body of deliberately posited rules and, finally, to an understanding of law as a corpus of systematic rules and principles, underpinned by an abiding concern with individual rights. |
Other editions - View all
From Positivism to Idealism: A Study of the Moral Dimensions of Legality Sean Coyle Limited preview - 2017 |
From Positivism to Idealism: A Study of the Moral Dimensions of Legality Dr Sean Coyle Limited preview - 2013 |
From Positivism to Idealism: A Study of the Moral Dimensions of Legality Sean Coyle No preview available - 2017 |
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18th century abstract action adjudication application argument Aristotle articulated aspects autonomy basic belief Bentham body Cambridge central Chapter coherent common law complex conception of law concern constitute context decisions dimensions disagreement distinction embody entitlements established ethical example existence experience expression formulated framework goals governance Grotius H.L.A. Hart Hart Hart's historical Hobbes human nature Ibid idealistic ideas individual insight institutions intellectual interests interpretation judgments juridical jurisprudence jurisprudential juristic law's lawyers legal order legal philosophers legal positivism legal practice legal rules legal thought liberal liberty modern moral understanding natural law natural rights nature of law notion ordinary Oxford particular person perspective philosophical political thought positivist possible principles private law processes protection Protestantism pursuit questions rational realisation reasoning reflection reflective equilibrium relation rule of recognition scholarship sense shared significance social order society specific structure suggestion systematic theory of justice tradition underpinning University Press validity values voluntarist