continuously increases the interconnectedness of individuals; the effects of globalisation is a conspicuous fact. Yet‚ it’s critical relevancy to legal field has not yet sufficiently recognised by legal scholars due to the domination of eurocentric positivism for more than two hundred years. While in
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religious language is meaningful and full of purpose while others see it to being pointless. The first assertion of the meaningless of religious language is the school of philosophical thought known as Logical positivism. Friedrich Waismann who was a member of the Vienna Circle. Logical positivism he saw as the belief that “Anyone saying a sentence must know under what conditions he calls it true‚ and under what conditions he calls it false. If he is unable to state these conditions‚ he does not know
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several jurists such as John Stuart Mill and David Hume take the view that it is a great naturalistic fallacy to deduce an ‘ought’ from an ‘is’. Mill argues that the duty of man is not to follow nature‚ but to amend it. DEFINITION OF POSITIVIST Positivism refers
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taste‚ touch and smell even real? There are arguments against the study of metaphysics. They contend that actual metaphysical knowledge cannot be gained. The two main arguments against metaphysics are Kant ’s "Copernican Revolution" and logical positivism. Both of the arguments placed against metaphysics hold to some form of the argument that metaphysical knowledge cannot truly be gained. Kant
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clarify his reasoning of legal positivism. There are three main foundations to legal positivism to understand if a law is just or not. The first foundation is that law must be separated from morality. When trying to understand a law one must separate their own ideas of what the law is from what the law ought to be. Having people bring there own morals into understanding laws will make the laws unjust when applied to the people. The second foundation of legal positivism is the command theory where
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Positivism is a philosophy that stated that the only authentic knowledge is scientific knowledge‚ and that such knowledge can only come from positive affirmation of theories through strict scientific method. The main thrust of the positivist research tends to follow certain scientific and measurable methods to conduct a research. A positivist approach is one that is considered objective‚ detached and if I may put that way‚ structured by the researcher’s views who test a hypothesis. It is usually
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Marxian vs. Positivism Perspectives Crime and deviance are issues that dominate the public’s imagination; the study of which involves a number of contributing disciplines‚ criminology‚ statistics‚ psychology‚ biology to name a few but the largest contributor is sociology. There have been major changes in the way Sociologists perceive and study deviance over the years. In this essay the author will briefly compare and contrast the perspectives of Marxian and Positivism as they relate to the issues
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CHAPTER XIV Logical Empiricism There are many strange sentences that men use. Compare these two: (1) Wheat is a major crop in Kansas‚ and (2) the fountain of youth is located in Kansas. Each has a subject‚ a verb‚ and a predicate. The first sentence is regarded as true in a matter-of-fact way. The second one may bring a smile or wrinkle to your face. Why the two reactions? Why is one regarded as true and the other as fiction? How can we speak of the non-existent in the same way as
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Fordham Law Review by an authorized administrator of FLASH: The Fordham Law Archive of Scholarship and History. For more information‚ please contact tmelnick@law.fordham.edu. ARE CONSTITUTIONAL NORMS LEGAL NORMS? Jeremy Waldron* I. Modem legal positivism prides itself on the clear distinction it draws between legal and nonlegal norms. But how are we supposed to tell whether a given norm practiced and prevalent among the powerful in a society governed by law is actually one of its laws‚ part of its
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our understanding of methodology Positivism is a key concept in Sociology. It is also known to some as the scientist ideology. It is essentially the belief that the social world can be studied in the identical way that one may study the natural world‚ so it can be studied scientifically. The main opposition to this concept of sociology is the interpretive approach. They tend to stress the differences between the natural world and the social world. Positivism came about during the 1800s‚ during
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