With reference to the materials in Block 1 – and using your own words – compare and contrast: * classicism * positivism * social constructionism The role of theory in contemporary youth justice practice is crucial in shaping and conceptualising relationships between youth and crime. It provides a structure for how youth justice is practiced and helps make sense of today’s issues surrounding the topic. Approaches to youth justice have evolved throughout the centuries and it is important
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Speluncean explorers. There will be three main parts to this essay. First‚ five key aspects that were evident in the Judge’s decision making process will be summarised. Second‚ fundamental aspects of legal positivism will be identified and described. Finally‚ a critique of legal positivism will be provided utilising two main concepts from this theoretical perspective. Chief Justice Truepenny’s decision making process will now be summarised. Trupenny used the following key aspects to make
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standpoint is it possible to capture what law is? It is possible to capture what law is from a standpoint independent of its content by positing a descriptive account of its characteristic features. In response to the limitations of early empirical positivism propounding the command theory‚ the conventional positivists put forth the separability thesis‚ by which law can be described distinct from any morally laden propositions. However‚ the value of such a purely descriptive account of what law is remains
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criticism of positivists such as Hart‚ to appreciate Dworkin’s arguments‚ it is thus necessary to obtain some background information so as to understand what it is that Dworkin is actually criticising. H.L.A Hart was a prominent figure in legal positivism and moved the theory in a somewhat new direction‚ away from the founding modern ideology created by the likes of Austin and his “Command theory”‚ yet continued to insist on the importance of the separation of law from morality. Hart stated that
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crime. The classical theory sates that crime is at the privilege of the individual. It also goes ahead to state that human beings are rational and make decisions freely‚ with a good understanding of its consequences. There is also the biological theory which believes that the major determinants of an individual’s behaviour are genetic. It states that the behaviour of individuals is genetically determined‚ with the interaction of nutrition‚ environment and hormones. The sociological
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Auguste Comte was born in 1798 and had a significant part in the formation of sociology. Comte was the founder of French positivism. Comte can also be given credit for inventing or coining the term sociology. Comte was born a Catholic‚ but somewhere around the age of fourteen‚ he apparently stopped believing in God. At the same time‚ he left the ideals of his royalist family behind and became a republican. Comte attended the Ecole Polytechnique which was a leading scientific institution in France
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Religious Language Explain why it is difficult to talk meaningfully about God (30 marks) Religious language is defined as the communication of ideas about God‚ faith‚ belief and practice. This definition makes it difficult to talk meaningfully about it as each of these words have concepts behind them and each and every individual interprets these differently‚ so religious language is different to everyday language‚ as it only denotes to an individual’s belief and faiths traditions. There
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will begin by explaining the speculative behaviours of stock traders on lottery type of stocks‚ the probable data source and methodology. This will be followed by introducing the concept of positivism and identifying the reasons for selecting positivism. This paper will also provide some criticisms to positivism. Lastly‚ the paper ends with a summary. Speculative Behaviours of the Stock Traders in Lottery Type of Stocks My research will be mainly focus on the speculative behaviours of the stock
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come with answers to the question. Ronald Dworkin says it is “a set of explicitly adapted rules and ought to maximise the general welfare” ‚ Fuller on the other believed “law should withstand the scrutiny of reason and opposed the idea of legal positivism that law is no higher than a particular authority” ‚ John Austin defined it to be “the command of the sovereign‚ backed up by sanctions” ‚ Herbert Lionel Adolphus Hart said that law was “the rules that may forbid individuals to perform various kinds
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HANS KELSEN (1881-1973) Lecture – Part I Notes Like other legal positivists‚ Hans Kelsen attempts to “describe” the law separate and distinct from morality or ideology. WHAT MAKES KELSEN A LEGAL POSITIVIST? 1. Kelsen’s theory is free from ideological issues‚ and no value judgments are made concerning the “legal system per se.” 2. Historical‚ sociological and moral issues are beyond the scope of Kelsen’s pure theory of law. As such‚ Kelsen’s “Pure Theory” attempts to examine and
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