Prescriptive Legal Positivism: Law, Rights and Democracy
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.
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Repositioning Legal Positivism
Law Chapter 2 The Point of Legal Positivism
The Ethics of Positivism
Legal Positivism and Political Power
Legislative Intent and Democratic DecisionMaking
Judicial Activism Justice or Treason?
The Legalism of Rights
A Culture of Controversy
Incorporation Through Interpretation
Democracy in a World of Global Markets
Legal Positivism and Deliberative Democracy
Democratic Aspects of Ethical Positivism
Legislating Human Rights
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