Prescriptive Legal Positivism: Law, Rights and Democracy

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Psychology Press, 2004 - Law - 329 pages
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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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Contents

Repositioning Legal Positivism
3
Law Chapter 2 The Point of Legal Positivism
21
The Ethics of Positivism
43
Legal Positivism and Political Power
69
Legislative Intent and Democratic DecisionMaking
87
Judicial Activism Justice or Treason?
111
Rights
131
The Legalism of Rights
133
A Culture of Controversy
189
Incorporation Through Interpretation
209
Democracy
231
Democracy in a World of Global Markets
233
Legal Positivism and Deliberative Democracy
247
Democratic Aspects of Ethical Positivism
269
Legislating Human Rights
299
Publications by Tom Campbell
321

The Individualism of Rights
153
Democracy Human Rights and Positive Law
171

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About the author (2004)

Campbell is Profesor of Law at The Australian National University.

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