Search results
Results from the WOW.Com Content Network
Carol C. Gould is an American philosopher and feminist theorist. Since 2009, she has taught at City University of New York, where she is currently Distinguished Professor of Philosophy at Hunter College, and in the Doctoral Programs of Philosophy and Political Science at the CUNY Graduate Center, [1] where she is Director of the Center for Global Ethics and Politics [2] at the Ralph Bunche ...
In jurisprudence, "legal positivism" essentially refers to the rejection of natural law; thus its common meaning with philosophical positivism is somewhat attenuated and in recent generations generally emphasizes the authority of human political structures as opposed to a "scientific" view of law.
Some philosophers (see criticisms) disagree that the negative–positive rights distinction is useful or valid. Under the theory of positive and negative rights, a negative right is a right not to be subjected to an action of another person or group such as a government, usually occurring in the form of abuse or coercion.
In this sense, the term positivism is derived from Latin positus, the past participle of ponere, meaning "to place" or "to put". [citation needed] Legal positivism holds that laws are rules established (that is, "posited") by human beings, and that this act of positing the law makes it authoritative and binding. [1] [better source needed]
There are also emerging and secular forms of natural law theory that define human rights as derivative of the notion of universal human dignity. [7] "Dignity" is a key term for the discussion of human rights. The Universal Declaration of Human Rights does not justify its claims on any philosophical basis, but rather it simply appeals to human ...
In general terms, positivism rejected the Classical Theory's reliance on free will and sought to identify positive causes that determined the propensity for criminal behaviour. The Classical School of Criminology believed that the punishment against a crime, should in fact fit the crime and not be immoderate.
Ronald Dworkin was born in 1931 in Providence, Rhode Island, the son of Madeline (Talamo) and David Dworkin. [8] His family is Jewish.He graduated from Harvard University in 1953 with an A.B., summa cum laude, where he majored in philosophy and was elected to Phi Beta Kappa in his junior year.
This does not allow for degrees of severity of a human rights violation, which creates a deceptively simplistic view of a situation. John Finnis developed the concept of a central case as it applied to assessing legal systems; [41] Tai-Heng Cheng was the first to apply it to human rights. If used by decision-makers, the central case approach ...