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In jurisprudence and legal philosophy, legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This contrasts with natural law theory, which holds that law is necessarily connected to morality in such a way that ...
Any sound scientific theory, whether of time or of any other concept, should in my opinion be based on the most workable philosophy of science: the positivist approach put forward by Karl Popper and others. According to this way of thinking, a scientific theory is a mathematical model that describes and codifies the observations we make.
The Hart–Fuller debate is an exchange between the American law professor Lon L. Fuller and his English counterpart H. L. A. Hart, published in the Harvard Law Review in 1958 on morality and law, which demonstrated the divide between the positivist and natural law philosophy. Hart took the positivist view in arguing that morality and law were ...
Thomas Aquinas conflated man-made law (lex humana) and positive law (lex posita or ius positivum). [3] [4] [5] However, there is a subtle distinction between them.Whereas human-made law regards law from the position of its origins (i.e. who it was that posited it), positive law regards law from the position of its legitimacy.
A key difference is that while positivist theories such as realism and liberalism highlight how power is exercised, post-positivist theories focus on how power is experienced resulting in a focus on both different subject matters and agents. Often, post-positivist theories explicitly promote a normative approach to IR, by considering ethics.
Hermeneutics is the philosophical theory and practice of interpretation and understanding. Originally hermeneutics referred to the interpretation of texts, especially religious texts. In the 19th century, Friedrich Schleiermacher (1768–1834), Wilhelm Dilthey (1833–1911) and others expanded the discipline of hermeneutics beyond mere exegesis ...
[62] [63] Although logical positivism tends to be recalled as a pillar of scientism, [64] Carl Hempel was key in establishing the subdiscipline of the philosophy of science, [19] where Thomas Kuhn and Karl Popper brought in the era of postpositivism. [59] John Passmore found logical positivism to be "dead, or as dead as a philosophical movement ...
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.