Prescriptive Legal Positivism
Law, Rights and Democracy
Tom Campbell(Author)
UCL Press
Published on 23. December 2004
Book
Paperback/Softback
342 pages
978-1-84472-022-4 (ISBN)
Description
Tom Campbell is well known for his distinctive contributions to legal and political philosophy over three decades. In emphasizing the moral and political importance of taking a positivist approach to law and rights, he has challenged current academic orthodoxies and made a powerful case for regaining and retaining democratic control over the content and development of human rights.
This collection of his 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). An introductory essay provides an historical overview of Professor Campbell's work and argues for the continuing importance of 'democratic positivism' at a time when it is again becoming clear that courts are ineffective protectors of human rights.
This collection of his 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). An introductory essay provides an historical overview of Professor Campbell's work and argues for the continuing importance of 'democratic positivism' at a time when it is again becoming clear that courts are ineffective protectors of human rights.
More details
Language
English
Place of publication
London
United Kingdom
Publishing group
Taylor & Francis Ltd
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 234 mm
Width: 152 mm
Weight
566 gr
ISBN-13
978-1-84472-022-4 (9781844720224)
Copyright in bibliographic data is held by Nielsen Book Services Limited or its licensors: all rights reserved.
Schweitzer Classification
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Person
Tom Campbell is Professorial fellow in the Centre for Applied Philosophy and Public Ethics at Charles Sturt University, Canberra. He is also a Visiting Professor in the School of Law, King's College, London and University of Edinburgh.
Content
The Point of Legal Positivism; The Ethics of Positivism; Legal Positivism and Political Power; Legislative Intent and Democratic Decision Making; Judicial Activism - Justice or Treason?; The Legalism of Rights; Democracy, Human Rights and Positive Law; Human Rights: a Culture of Controversy; Incorporation through Interpretation; Legal Positivism and Deliberative Democracy; Democratic Aspects of Legal Positivism; Democracy in a World of Global Markets; Democratising Human Rights.