Legal Positivism in American Jurisprudence

Legal Positivism in American Jurisprudence

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Cambridge University Press

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Legal Positivism in American Jurisprudence

This book is both a work of intellectual history and a contribution to legal philosophy. It 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. 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.

Product Details

ISBN-13: 9780521480413
Publisher: Cambridge University Press
Publication date: 04/28/2004
Series: Cambridge Studies in Philosophy and Law Series
Pages: 344
Product dimensions: 5.98(w) x 8.98(h) x 0.94(d)

Table of Contents

Acknowlegments; 1. Why study legal positivism; 2. Positivism and formalism; 3. The varieties of formalism; 4. Legal process and the shadow of positivism; 5. The false choice between the Warren Court and legal process; 6. Fundamental rights and the problem of insatiability; 7. New legal positivism and the incorporation of morality.

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