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From Positivism to Idealism: A Study of the Moral Dimensions of Legality

Autor Sean Coyle
en Limba Engleză Paperback – 28 feb 2022
Illuminating the idea of legality by a consideration of its moral nature, this book explores the emergence and development of two rival traditions of legal thought (those of 'positivism' and 'idealism') which together define the structure of modern juridical thought. In doing so, it consciously departs from many of the tendencies and working assumptions that define modern legal philosophy. 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 the present understanding of law as a systematic body of rules and principles underpinned by an abiding concern with individual rights. By exposing the historical and metaphysical underpinnings of these theoretical traditions, the book imparts an idea of their limitations and moves beyond the understandings offered within them of the nature of legality.
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Specificații

ISBN-13: 9781138356948
ISBN-10: 1138356948
Pagini: 198
Dimensiuni: 156 x 234 x 14 mm
Greutate: 0.3 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Locul publicării:Oxford, United Kingdom

Cuprins

Contents: Preface; Reflection on law's nature; Reason, will and law; Doctrinal scholarship and the science of right; Legal positivism, doctrinal science and statist conceptions of law; The changing face of positivism: from Hobbes to Hart; The limits of legal positivism; Beyond positivism and idealism; Liberal politics and private law;The moral nature of law; Index.

Notă biografică

Sean Coyle is Professor of Jurisprudence, Department of Law at the University of Exeter, UK

Descriere

Illuminating the idea of legality by a consideration of its moral nature, this book explores the emergence and development of two rival traditions of legal thought (those of 'positivism' and 'idealism') which together define the structure of modern juridical thought.