Tom Campbell and Democratic Legal Positivism

Australian Journal of Legal Philosophy, 34 2009: 283-293

Posted: 11 Jun 2015

See all articles by James Allan

James Allan

The University of Queensland - T.C. Beirne School of Law

Date Written: 2009

Abstract

The substantive topic I have chosen to focus on is Tom’s advocacy of ‘democratic legal positivism’. Two points need to be made clear right at the start. Firstly, I am overwhelmingly in the Campbell camp as regards the merits and desirability of this general set of positions and views. As a theory of how moral input at the point-of-application should (not ‘is’ but ‘should’) be kept to a minimum – and hence how that ‘ought’ plays out as regards appropriate judicial approaches to interpretation, what sort of statutes the legislature should enact, the desirability or otherwise of a bill of rights, the deficiencies of international law, which side prevails in the legal positivism versus natural law debate, and more – I am an observant Campbellian, at least much more so than I am one in the breach. (And I say this as an Allan, which is a sept of the Macdonalds, and so as any Scot in the room will tell you, not lightly.)

JEL Classification: k00

Suggested Citation

Allan, James, Tom Campbell and Democratic Legal Positivism (2009). Australian Journal of Legal Philosophy, 34 2009: 283-293. Available at SSRN: https://ssrn.com/abstract=2617118

James Allan (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

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