The Cambridge Companion to Legal Positivism

doi:10.1017/9781108636377

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Chia, Eduardo A. 2022. Human Dignity and the Autonomy of Law. Vol. 7, Issue. , p. 55.

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Kirste, Stephan 2023. Encyclopedia of the Philosophy of Law and Social Philosophy. p. 1822.

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Fernando, Enrique Benjamin R. 2023. Philosophies of Appropriated Religions. p. 41.

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Kirste, Stephan 2023. Encyclopedia of the Philosophy of Law and Social Philosophy. p. 1.

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Siliquini-Cinelli, Luca 2024. Scientia Iuris. Vol. 112, Issue. , p. 311.

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Edited by Torben Spaak, Stockholms Universitet, Patricia Mindus, Uppsala Universitet, Sweden

Publisher:: Cambridge University Press
Online publication date:: January 2021
Print publication year:: 2021
Online ISBN:: 9781108636377
DOI:: https://doi.org/10.1017/9781108636377

Subjects:: Law: General Interest, Law, Legal Philosophy, Philosophy, Jurisprudence
Series:: Cambridge Companions to Law

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Legal positivism is one of the fundamental theories of jurisprudence studied in law and related fields around the world. This volume addresses how legal positivism is perceived and makes the case for why it is relevant for contemporary legal theory. The Cambridge Companion to Legal Positivism offers thirty-three chapters from leading scholars that provide a comprehensive commentary on the fundamental ideas of legal positivism, its history and major theorists, its connection to normativity and values, its current development and influence, as well as on the criticisms moved against it.

Choice Outstanding Academic Title, 2021, Choice Reviews

‘This excellent addition to the 'Cambridge Companions to Law' series [...] plays a critical role in grounding legal positivism within current trends and reaffirming its continued relevance ... Under the keen editorial guidance of Spaak (Stockholm Univ.) and Mindus (Uppsala Univ.), the logical organization, caliber of contributors, and emphasis on demonstrating the current relevance of legal positivism all come together to make this an essential volume for both students and scholars.’

L. A. Wilkinson Source: Choice

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The Cambridge Companion to Legal Positivism

This Book has been cited by the following publications. This list is generated based on data provided by Crossref.

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Contents

19 - The Scope of Legal Positivism: Validity or Interpretation?
pp 443-464

20 - What Is Law and What Counts as Law? The Separation Thesis in Context
pp 465-486

21 - The Origins of Inclusive Legal Positivism
pp 487-511

22 - Disruptive Implications of Legal Positivism’s Social Efficacy Thesis
pp 512-535

23 - The Semantic Thesis in Legal Positivism
pp 536-558

Part V - Normativity and Values
pp 559-624

24 - Legal Positivism and Meta-Ethics
pp 561-584

25 - The Normativity of Law
pp 585-605

26 - An Italian Path to Legal Positivism: Ferrajoli’s Garantismo
pp 606-624

Part VI - Critique
pp 625-785

27 - Gustav Radbruch’s Critique of Legal Positivism
pp 627-650

28 - Good Order and Workable Arrangements: Lon Fuller’s Critique of Legal Positivism
pp 651-674

29 - Dworkin’s Critique of Hart’s Positivism
pp 675-694

30 - Tracing Finnis’s Criticism of Hart’s Internal Point of View: Instability and the ‘Point’ of Human Action in Law
pp 695-719

31 - Alexy’s Critique of Legal Positivism
pp 720-741

32 - Mark Greenberg on Legal Positivism
pp 742-763

33 - Positivism and Totalitarianism
pp 764-785

Index
pp 786-788

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The Cambridge Companion to Legal Positivism

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