From Positivism to Idealism: A Study of the Moral Dimensions of Legality

This book explores the emergence and development of two rival traditions of legal thought (positivism and idealism) and examines the shifts in thinking about the rule of law and the wider significance of law. It imparts an idea of their limitations and moves beyond the understandings offered within them of the nature of legality.

Format: Paperback / softback
Length: 198 pages
Publication date: 28 February 2022
Publisher: Taylor & Francis Ltd

This book delves into the intricate realm of legality, shedding light on its moral essence. By examining the emergence and evolution of two rival traditions of legal thought—positivism and idealism—it provides a comprehensive exploration of modern juridical thought. This exploration is marked by a deliberate departure from many of the prevailing tendencies and assumptions that shape contemporary legal philosophy.

The book takes a profound dive into the shifts in thinking about the rule of law and the broader implications of law. It explores the transition from an understanding of law as primarily focused on rights to an articulation of the legal order as a deliberate set of rules. This transition is further enriched by the current perspective of law as a systematic body of rules and principles, supported by a steadfast commitment to individual rights.

Through a meticulous examination of the historical and metaphysical foundations of these theoretical traditions, the book offers a profound insight into their limitations. It goes beyond the confines of these traditions and broadens our understanding of the nature of legality. By unveiling the underlying principles and assumptions that guide these traditions, the book provides a roadmap for a more nuanced and comprehensive perspective on the legal realm.

In conclusion, this book is a valuable contribution to legal scholarship, offering a comprehensive exploration of the moral dimensions of legality. By challenging prevailing notions and providing a deeper understanding of the historical and philosophical roots of legal thought, it contributes to a more nuanced and enlightened perspective on the legal system.

Weight: 300g
Dimension: 161 x 231 x 14 (mm)
ISBN-13: 9781138356948