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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describe the rule of recognition in detail describe what Hart calls ‘the necessary and sufficient conditions of the existence of a legal system’ explain the significance of the rule of recognition for Hart for establishing his particular form of legal positivism discuss critically Hart’s claim that the rule of recognition is identified as ‘a matter of fact’ outline the main arguments put by Dworkin in his criticism of the rule of recognition theory express your own opinion about the ‘ultimate’ criteria
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centuries. It seems that the biggest proportion of this debate has been sparked by the emergence of legal positivism and utilitarianism from writers such as Hobbes‚ John Austin‚ and H.L.A Hart. Before this train of thought‚ morality in law was seen as a key necessity and was left to a great extent unopposed; arguably until Hobbes revolutionised the field of jurisprudence with his theories of legal positivism and utilitarianism. This way of thinking was further bolstered by the writings of Austin‚ Hart and
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theoretical approach which support the idea that crime is caused by psychological and social disadvantage. A reference will also be made to the basic theories which were developed by prominent intellectuals‚ as for example the Rational Choice theory‚ the Positivism theoretical movement‚ Interaction and social reaction theories and the theory of Criminalisation. An attempt to analyse the approach to crime causation‚ opportunity and motivation will also be discussed. Finally‚ the need for criminology to be adjusted
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“Philosophy of Language: Paved way for a better Development Communicator” One concept discussed in Philosophy 1 that I think is particularly applicable to my course – Bachelor of Science Development Communication‚ is the ‘Philosophy of Language.’ I have chosen this concept because we all know that philosophy of language is concerned on the problem: “When we say something‚ it must be meaningful. How then can we know if statements are meaningful or not?” While the Development Communication
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Austin‚ Hart and Kelson on Sanction as an integral part of law The term “sanction” is derived from Roman law. Sanction was originally that part of the statute which established a penalty or made other provisions for its enforcement. In the ordinary sense‚ the term sanction means mere penalty It can also be some motivating force or encouragement for the purpose of better performance and execution of laws. Meaning The term “sanction” is derived from Roman law. Sanction was originally that part
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ANALYTICAL JURISPRUDENCE Analytical jurisprudence is a method of legal study that concentrates on the logical structure of law‚ the meanings and uses of its concepts‚ and the formal terms and the modes of its operation. It draws on the resources of modern analytical philosophy to try to understand the nature of law. It is not concerned with the past stages of its evolution or its goodness or badness. Law exist as it is‚ regardless of good or bad‚ past or future. “a law‚ which actually exist‚ is
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