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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Emile Durkheim is one of the major leaders in the delineation of sociology. Durkheim set out on a mission to define how sociology should be considered and how the method of sociology should be used. Although Durkheim’s writing does touch upon certain moral‚ political organization‚ and intellectual issues‚ overall‚ Durkheim sets out to provide a theoretical construction for the study of sociology. Durkheim desires to understand societal life through various social constructs. His agenda entails
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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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In the second book of Emile Durkheim’s “The Elementary Forms of the Religious Life‚” Durkheim delves into how totemism developed and the implications of its development. To begin‚ Durkheim describes the clans within the Australian tribes which are at the center of his studies as being united by a special bond of kinship. Each clan has a totem which unites it into a single family. Totems may be animal (or part of an animal)‚ vegetable‚ or infrequently an inanimate object. The totem serves multiple
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Introduction The work of Marx‚ Weber and Durkheim has proved critical in the study and development of theories relating to the sociology of work. They are widely considered the ‘founding fathers’ of study in this field. These highly regarded sociologists are often described as three separate pillars who amalgamate to form a triangle of classical theories that delve deep into the intricacies surrounding the sociology of work. While Durkheim invested his efforts into the concepts of social solidarity
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by sociologists perhaps more than any other subject. This stemmed from a deliberate choice by Durkheim who believed that if sociology (in effect the study of people in groups) could say something about suicide‚ then it would have in effect proved its wider relevance. Qn: What factors might make a person more likely to commit suicide? What social characteristics might the typical suicide have? Durkheim used what is called the comparative method. He looked at the suicide rate in different countries
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beginning of the modern era Emile Durkheim sought to prove the integrity of society as the rule of religion came to pass‚ and as new social institutions began to shape with the fast approaching 1900’s. Durkheim delved into the works of Montesquieu and Spencer‚ whom he believed both generalized their theories. His followers included his nephew Mauss‚ Hubert‚ and Bougle theorized in both the micro and macro levels of sociology‚ something other traditions fail to do. Durkheim differed from his predecessors
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The Dualism of Human Nature and Its Social Conditions- Emile Durkheim According to Durkheim’s work The Dualism of Human Nature and Its Social Conditions (DHN)‚ a man has a dual nature which is made up of the body (individual) and the soul (social). He sheds light on this by citing post-Durkheim theories which he does not agree with and which do not solve the problem of this dual nature. Durkheim also uses The Elementary Forms of the Religious Life (EFRL) to discuss the religious aspect of the
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The Elementary Forms of the Religious Life (1912) [Excerpt from Robert Alun Jones. Emile Durkheim: An Introduction to Four Major Works. Beverly Hills‚ CA: Sage Publications‚ Inc.‚ 1986. Pp. 115-155.] Outline of Topics Durkheim’s Two Problems Defining Religion The Most Primitive Religion Animism Naturism Totemism Totemic Beliefs: Their Nature‚ Causes‚ and Consequences Totemic Rites: Their Nature and Causes The Social Origins of Religion and Science Critical Remarks Durkheim’s Two
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LEGAL POSITIVISM vs. NATURAL LAW THEORY There are two “natural law” theories about two different things: i) a natural law theory of morality‚ or what’s right and wrong‚ and ii) a natural law theory of positive law‚ or what’s legal and illegal. The two theories are independent of each other: it’s perfectly consistent to accept one but reject the other. Legal positivism claims that ii) is false. Legal positivism and the natural law theory of positive law are rival views about what is law and what is
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