Positivism

highlights the challenges and negative qualities that Positivism encompasses, not only through criticism but a detailed explanation of an alternate perspective of how the law should be. Hart then responds to these criticisms that point out underlying flaws in the realists views, which indicate his modern view on Positivism and how it has evolved from a better known classic version used previously. Even though Hart does defend Legal Positivism, he acknowledges the growth and development that must…

have to choose one of the research paradigms like positivism, interpretivism, and pragmatism. Every research approach must follow the way of investigation such as epistemology, ontology, and axiology (Maxwell, 2005) as the essence of research philosophy. Therefore, I would like to follow the viewpoint of pragmatism as my research approach that should overcome some disadvantageous position of positivism and interpretivism, discussed below- Positivism refers to the emphasis on scientific…

The case that will be examined in this case analysis is Baker v. Canada. It is a case about a mother, Mavis Baker. Ms. Baker overstayed her visa in Canada. After supporting herself illegally for eleven years, she was ordered deported. She asked to be exempt from the law based upon other circumstances. This case will be analyzed from the theoretical perspective of a legal positivist; conclusions will be made by viewing the case through this perspective. This perspective essentially sees law as…

Mexican positivism. It is indeed great as on this day we celebrate another of our great leader’s birthdays. As I think back, 1876 seems like it could not have been so long ago, yet the changes are so many that surely it has taken decades to come this far. When I think of the liberalism that had plagued this country for so long, I wonder how we ever survived under the ignorance that had fostered so many government failings before the time of Diaz. Surely it was the adoption of positivism…

gained by observation, recording and experiences. In sum, the findings of the primary and secondary research might be necessary to achieve the objectives. The most appropriate method to collect and analyse data consists of both the philosophy of positivism and deductive approach (see Appendix 1) by using an experimental study. This study includes an experiment and also a quantitative and a qualitative technique such as a questionnaire and supportive…

The map of sociological approaches, based on Johnson, Dandeker and Ashworth, involves four key concepts; standard positivism, social constructionism, critical realism and post structuralism. These theories help in the comprehension of sociological perspectives. Standard positivism’s main features relate to scientific methods and empiricism. Social constructionism’s main factors are to do with social construction of reality and social action being based on subjective meaning. Post-structuralisms…

social, and political lives. Our attitudes toward law and the laws that we create-define us as citizens of our society, politically, economically, and morally”(Boyd 2015). Understanding different perspectives of legal philosophy, such as natural law, positivism, legal pragmatism, and feminism will help us with answers certain questions. Moreover, the questions are whether or not, natural law is dead, as per Roger Cotterrell? Alternatively, whether or not Harfield provides the compelling reason…

and criminality. The social world is always changing, influencing how society views crime (White and Haines, 2008). This causes the explanations provided by different criminological theories to vary. Classicism developed in the 18th century and positivism followed in the 19th century (Tierney, 2006), offering different concepts of criminality, however there are some comparisons. This essay will progress by detailing how the two theories developed, their varying explanations of crime and their…

necessity in order to survive. As Jeffrey Reiman (1979) said; “the rich get richer and the poor get prison.” Furthermore, as modernity has advanced so has the development of the judicial systems, if positivism was used as the main criminological thinking then these systems wouldn't exist because positivism uses treatments to the criminal in order to solve crimes. In theory, all criminals would have been treated and there would be no more crime, which…

Not all social scientists agree that positivism, and its methods which borrow so heavily from the hard sciences, is the best way to generate understanding and knowledge. They argue that the role of things such as social construction and individual and group decision-making need a space within social science methodology (Schwandt, 1994). In response to these critiques, post-positivism was born. Post-positivism holds the same values as positivism, with a continued focus on the methods of the…