From Positivism to Idealism
eBook - ePub

From Positivism to Idealism

A Study of the Moral Dimensions of Legality

  1. 198 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

From Positivism to Idealism

A Study of the Moral Dimensions of Legality

About this book

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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Yes, you can access From Positivism to Idealism by Sean Coyle in PDF and/or ePUB format, as well as other popular books in Law & Jurisprudence. We have over one million books available in our catalogue for you to explore.

Information

Year
2017
Print ISBN
9780815389095
eBook ISBN
9781351157940
Edition
1
Topic
Law
Index
Law

Table of contents

  1. Cover
  2. Half Title
  3. Title
  4. Copyright
  5. Contents
  6. Series Editor’s Preface
  7. Preface
  8. 1 Reflection on Law’s Nature
  9. 2 Reason, Will and Law
  10. 3 Doctrinal Scholarship and the Science of Right
  11. 4 Legal Positivism, Doctrinal Science and Statist Conceptions of Law
  12. 5 The Changing Face of Positivism: From Hobbes to Hart
  13. 6 The Limits of Legal Positivism
  14. 7 Beyond Positivism and Idealism
  15. 8 Liberal Politics and Private Law
  16. 9 The Moral Nature of Law
  17. Index