nature that human-created laws gain whatever force they have.[2] Legal positivism‚ by contrast to natural law‚ holds that there is no necessary connection between law and morality and that the force of law comes from some basic social facts. Legal positivists differ on what those facts are.[3] Legal realism is a third theory of jurisprudence which argues that the real world practice of law is what determines what law is; the law has the force that it does because of what legislators‚ barristers and
Premium Natural law Law Jurisprudence
I. introduction No area of international law has been so little explored by scholars as the history of the subject. is is a remarkable state of a# airs‚ probably without parallel in any other academic discipline (including other branches of law). Although this intellectual scandal (as it well deserves to be called) is now being remedied‚ we are still only in the earliest stages of the serious study of international legal history. Many blank spots exist‚ some of which will be identi‚ ed in
Premium Law Natural law Sharia
Law and Morality Law and Morality: Enforcement of Morals There has been an ongoing debate about the relationship between law and morality. Numerous writers and philosophers have proffered arguments on how law is affected by morality. The question it is believed is no longer if morality affects law‚ it is to what extent is law affected by morality? And should there be any limitations on the relationship between law and morality? The law and morality conflict has been persisting for many years
Premium Morality
Can the study of politics be regarded as a science? The debate as whether politics can be regarded as a science is ‘complex‚ voluminous and multi-faceted one’ . The origins of political analysis lie in the philosophical tradition of Plato and Aristotle whose work was fundamentally rooted in the normative. At the very early stages of politics as an academic discipline‚ the great thinkers of the time were not concerned with empirical evidence; instead basing their ideas on literary analysis. The emphasis
Premium Political science Scientific method Social sciences
Western Hegemony Response Paper: Week One Samuel Emaha Tsegai The different trajectory African historiography has followed is an illuminating example of how historical writing cannot be divorced from power-relations and political developments. The positivist notion of history as dispassionate and objective recounting of the past as is does not really stand to the fact of history writing shaped by political vicissitudes and the imperatives of power. Despite the claim to scientific objectivity‚ history-writing
Premium Africa Colonialism Atlantic slave trade
Plato and Aristotle transformed the word logos into a specific term that applied only to philosophical/technical discourse‚ which launched a “historical hegemonic struggle” that has lasted for more than 2‚000 years (p. 10). Fisher explains that the positivist‚ “rational-world paradigm” that emphasized formal logic and reasoning (p. 58) is improved upon with his view of a more post-modern‚ ontological foundation where meaning is co-created through less formal structures like stories. In resurrecting
Premium Rhetoric Communication Narrative
example using a written questionnaire could be difficult for investigating criminals‚ many of whom could be illiterate. Theoretical beliefs of the researcher – different researchers will have different views on what research type to use. For example positivists are more likely to choose something that will yield quantitative results such as a closed survey. 3) Qualitative Secondary Sources A secondary data is that which is found by another researcher that you then use yourself. Where you get this data
Premium Scientific method Psychology Research
AN EXPLORATORY STUDY ON CONSUMER DECISION-MAKING BEHAVIOR IN PAKISTAN History of consumer behavior seems to be highly intertwined with the history of marketing thought. The purpose of this paper is to trace the historical dependence and allegiance of consumer behavior on the discipline and practice of marketing. It then attempts to forecast emerging trends in consumer behavior research and theory as a consequence of new and emerging schools of marketing thought. Focus of understanding. For example
Premium Psychology Sociology Decision making
The juvenile justice system has a unique past of historical development‚ from the discovery of childhood to positivist criminology. The juvenile justice system was created with a simple idea in mind- to treat children who have committed crimes differently than adults. The goal of reformers was to create the ideal that juveniles should be treated‚ not punished. Since the 1960’s‚ however‚ the status quo of juvenile delinquency has shifted into a punitive model. Reformers are once again trying to institute
Premium Crime Criminology Juvenile delinquency
as a model of investigation.’ Why did Durkheim study suicide? * Establish sociology as an academic discipline with a distinct approach to the social. * Establish a ’scientific’ methodology and approach. Some texts argue that Durkheim was a positivist. More recent evaluations‚ for example‚ Taylor‚ argue that Durkheim was a realist. Main findings Factors uncovered through use of official statistics: suicide varies according to: religion‚ family size‚ political/national crises‚ economic conditions
Premium Suicide