Positivism

has attracted attention among many legal theorists. This essay will begin by discussing John Austin’s Legal positivism. It will then discuss Kelsen’s Pure Theory of Law. This essay will also distinguish between John Austin’s theory and Han Kelsen’s pure theory. Legal Positivism With a long history and broad influence, legal positivism, is discussed in mediaeval legal and political thought. Its roots lie in the conventionalist political philosophies of Hobbes, however, Jeremy Bentham, wrote its first full elaboration, that Austin adopted, modified and popularized (L. Green, 2003, Stanford Encyclopedia of Philosophy, Legal Positivism). It is sometimes associated with the…

This essay will critically analyse inclusive legal positivism and will provide with arguments why it is a positivistic theory of law in name only. To do so, it will explore the essence of what legal positivism is by discussing the issues concerning morality and authority. The main argument of soft positivism being a positivistic theory in name only will consist of the assertion that the presence of morality in it makes it contradict with the essence of positivism, namely, that a connection…

Positivism vs naturalism 1. Is international law a law or moral code of conduct? There are two type of theory in international law, which are the Naturalism and Positivism, in the Natural law can be thought that the idea of the force of law doesn’t derive from the voice of authorities, in the other hand the positivism stated that authorities is what make law the law. The Naturalism stated that there is a bigger power than why law is the law; like morality, universal principle, religion and so…

Throughout history, there has been many debate over theorist in which set of laws is right to live by. Natural Law is one of the oldest theory of law that deals with human nature and sets of moral principles from god. Natural Law theorist such as, Aristotle, Immanuel Kant, and John Locke obey the laws that promote the greater good for society. The other law is Positivism; Positivism is the opposite of natural law where humans such as, the government and legislatures create the laws. Positivist…

There are a few differences between natural law and legal positivism. However, before diving into the differences, a definition for both the theories should be provided. Basically, a natural law is a law in which is derived from the validity of morality and reasoning. Natural law is believed to be served on the best interest of the common good as well. For legal positivism, it is viewed in the source of a law has no connection between reasoning and morality. A legal positivism should be from an…

For example, if a researcher acquire an epistemological speculation accordant with post-positivism, then it is important for techniques with features that are authoritarian used to diminish the influence of a researcher. Such as member examine or inter coder agreement. However if the researcher assume a constructivist paradigm and highlight co-construction of recognition, then techniques focus at eliminate the research from the findings have a poor epistemological position (Denzin & Lincoln,…

posting of selfies on social media. A positivist approach uses quantitative analysis to examine media and is focused on finding correlations between the variables of study. Positivism also possesses certainty as it deals with statistics and data. Positivist studies also have results that can be reproduced by others (Weber, 2004). Wickel (2015) used a 12-item survey as a method of collecting data, the questions helped determine whether selfies posting was a narcissistic act. This study’s research…

proposed as an alternative philosophy to criticize positivism, that is mainly found in the social science, and its opposition to the application of neutral observations, universal laws in natural sciences to social science research (Saunders et al., 2007). Hussy and Hussy (1997) describes interpretivism as a phenomenon that involves understanding human behaviour from the participants' own research frame, and the authors further mentioned that social reality depends on the mind, so research can…

trying to find some sort of comfort in a rational explanation with tangible evidence. This paper will discuss the Roof case through the lens of a positivist criminologist by exploring empiricism, individual pathology, biological and environmental influences, and punishment. How can we begin to understand the crimes Roof committed that day? As humans, we start to ask ourselves questions like: How can a regular person like me go out and kill nine people in cold blood? How on earth did he think…

They aimed to answer questions about the nature of reinforcements and how behaviors become extinguished (O’Boyle, 271). Neobehaviorist are open to explanatory variables that may not be publicly observable, and this distinguishes them from behaviorists. Neobehaviorist accept the methods of logical positivism, which also differs from Watson’s positivist views. Positivism required that terms included within a body of research be publicly observable aspects of nature (O’Boyle, 267). Logical…