ABSTRACT

Tom Campbell's Legal Theory of Ethical Positivism l goes back to the real roots of the positivist tradition, to the reforming impulses of Jeremy Bentham and his disciples. By Campbell as by Bentham, the division between expository and censorial jurisprudence is drawn with no view to concentrating on the former at the expense of the latter. On the contrary, it is made in the context of an insistence on the need for a practically critical attitude to law and legal institutions and their performance. The demands arising from, and the values of, a democratic political system are also in the forefront of attention. The difference here between discussions of law de lege ferenda and discussions de lege lata is vital.