Legal Positivism

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Editorial Reviews

A collection of essays previously published in scholarly journals in the 1990s, with a few from the 1980s and 1970s. Most essays are by those who are sympathetic towards legal positivism, although not uncritical of elements in the tradition. Essays are in sections on separability and sources and rules, rules and authority, prescriptive positivism, and revisiting the classical positivists. They examine areas such as Kant's legal positivism, constitutional positivism, natural law ambiguities, positivism and foundations of legal authority, and Wilfred Waluchow and the argument from authority. Original pagination has been retained. The editor is affiliated with The Australian National University. Lacks a subject index. Annotation c. Book News, Inc., Portland, OR (
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Product Details

Table of Contents

Acknowledgements vii
Series Preface ix
Introduction xi
Part I Separability, Sources and Rules
1 'Authority, Law and Morality', The Monist, 68, pp. 295-324. (1985) 3
2 'Rules and Social Facts', Harvard Journal of Law and Public Policy, 14, pp. 703-25. (1991) 33
3 'Wilfrid Waluchow and the Argument from Authority', Oxford Journal of Legal Studies, 17, pp. 347-66. (1997) 57
4 'Rules and the Rule of Law', Harvard Journal of Law and Public Policy, 14, pp. 645-94. (1991) 77
Part II Rules and Authority
5 'Second-order Reasons, Uncertainty and Legal Theory', Southern California Law Review, 62, pp. 913-16, 945-63. (1989) 129
6 'Law and Exclusionary Reasons', Philosophical Topics, 18, pp. 5-22. (1990) 153
7 'Positivism and the Foundations of Legal Authority', in R. Gavison (ed.), Issues in Contemporary Legal Philosophy, Oxford: Clarendon Press, pp. 43-61. (1987) 171
8 'Positivism Through Thick and Thin', in Brian Bix (ed.), Analyzing Law: New Essays in Legal Theory, Oxford: Clarendon Press, pp. 65-78. (1998) 191
Part III Prescriptive Positivism
9 'A Moralistic Case for A-Moralistic Law?', Valparaiso University Law Review, 20, pp. 1-41. (1985) 207
10 'Constitutional Positivism', Connecticut Law Review, 25, pp. 797-828. (1993) 249
11 'Natural Law Ambiguities', Connecticut Law Review, 25, pp. 831-41. (1993) 281
12 'Legislation, Authority, and Voting', The Georgetown Law Journal, 84, pp. 2185-214. (1996) 293
13 'The Point of Legal Positivism', King's College Law Journal, 9, pp. 63-87. (1998) 323
Part IV Revisiting the Classical Positivists
14 'Was Hobbes a Legal Positivist?', Ethics, 105, pp. 846-73. (1995) 351
15 'Kant's Legal Positivism', Harvard Law Review, 109, pp. 1535-66. (1996) 379
16 'The Expositor, the Censor, and the Common Law', Canadian Journal of Philosophy, 9, pp. 643-70. (1979) 411
17 'The Neo-Kantian Dimension of Kelsen's Pure Theory of Law', Oxford Journal of Legal Studies, 12, pp. 311-32. (1992) 439
18 'Misunderstanding Positivism', Michigan Law Review, 93, pp. 2054-132. (1995) 461
Name Index 541
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