Legal positivism in American jurisprudence / Anthony J. Sebok.
1998
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Details
Title
Legal positivism in American jurisprudence / Anthony J. Sebok.
Imprint
Cambridge : Cambridge University Press, 1998.
Description
1 online resource (xiv, 327 pages) : digital, PDF file(s).
Series
Cambridge studies in philosophy and law.
Formatted Contents Note
Acknowlegments
Why study legal positivism
Positivism and formalism
The varieties of formalism
Legal process and the shadow of positivism
The false choice between the Warren Court and legal process
Fundamental rights and the problem of insatiability
New legal positivism and the incorporation of morality.
Why study legal positivism
Positivism and formalism
The varieties of formalism
Legal process and the shadow of positivism
The false choice between the Warren Court and legal process
Fundamental rights and the problem of insatiability
New legal positivism and the incorporation of morality.
Summary
This book represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought. Anthony Sebok traces the roots of positivism through the first half of the twentieth century, and rejects the view that one must adopt some version of natural law theory in order to recognize moral principles in the law. On the contrary, once one corrects for the mistakes of formalism and postwar legal process, one is left with a theory of legal positivism that takes moral principles seriously while avoiding the pitfalls of natural law. The broad scope of this book ensures that it will be read by philosophers of law, historians of law, historians of American intellectual life, and those in political science concerned with public law and administration.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9780511527456 ebook
9780521480413 (hardback)
9780521057165 (paperback)
9780521480413 (hardback)
9780521057165 (paperback)
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