Positivism

Community A are proposing to follow a version Dworkin’s theory of ‘law as integrity’. Attempting to give value to the community and the individual. However this can be criticised because interpretation of the law becomes superhuman, relying on the assumption there is coherence in the communities previous decisions. This is something the community should consider when proceeding. The Community also places importance on the court developing legal principles over time through common law. This can…

Biological Positivism has both its strengths and weaknesses, it changed the way of criminological ideas and opened up new theories that were based on scientific facts rather than philosophical ideas like in Classicism.…

Compare & Contrast: The comparative traits among the classical and biological positivism theories are that human behavior is implicated as being responsible for why we commit crime, and that crime is able to be deterred. Contrasting traits between these two is that biological positivism rejects the concept of free will that is found in classical school of criminology. These leads into the explanation why positivism criminology is formed from hard determinism belief that crime results from…

In 1946 Gustav Radbruch wrote “Statutory Lawlessness and Supra-Statutory Law”, in which he accuses legal positivism of leaving the legal system of Germany defenceless to the unjust and criminal laws created by the Nazi regime. He basis his accusation on the grounds that legal positivism establishes an automatized legal system, weaponized legal positivism and ______. I believe Radbruch’s accusations are justified but limited as I believe that Radbruch to places too much blame on the judges…

strong and weak social groups”, focusing on individual’s color of their skin, diversity, and religion (Pasotti, 2010). Theories are essential in promoting, researching, and how practical they can be for instance in the health care field the use of positivism theory with social model of disabilities remains to be the favorite contender when providing service to the disabled. This theory focuses how to come up with a cure if any, reducing impairment, or can assist with a clinical intervention by…

The verificationist theory of meaning asserts that a statement’s meaning and whether it is meaningful or not lies in its method of confirmation or disconfirmation. This is a compelling, yet inadequate, theory. In this paper I will focus on exploring and explaining how this theory proves problematic. I will claim that this theory is immediately inadequate, since many sentences have no method of verification, based purely on content. If this were the case it would mean that outside of a scientific…

Natural law and positivism are ideas that, more often than not, clash in ideas and beliefs. First, natural laws are believed to be God given laws, where on the other hand, positive laws are viewed as man made. Second, natural laws are universally accepted and practiced unlike those of positivism, only applicable to a specific geographic territory governed by one body. Finally, natural law is based on reason…

Topic One In the Concept of Law, Hart attempts to depict one of the differing viewpoints to his own beliefs of positivism; this one being Austen’s of which he calls the theory of coercive orders. Essentially, the theory of coercive orders is when a political superior commands a political inferior with the backing of a threat. In what Hart details as a valid legal system, the criminal statute may be construed as a threat, however, the important difference between that and coercive orders is that…

This review is a stretch of Marcos Bernardes de Mello's work, "Theory of Legal Fact: plane of existence." In the first part, they are treated different views on the concept of legal fact, especially of Savigny and Miranda bridges. Great emphasis was given to the discussion of the legal fact classification criteria. Mello begins his presentation by approaches that considered unscientific, is the study of the cause from the consequence, or by ineffectiveness cover the wide range of existing legal…

Weber specifies formal and substantive rationality in terms of law making (legislation) and law finding (adjudication) as the two central aspects of law. Weber categorizes law making and law finding processes based on their rationality and formality. This leads to a classification of law as rational or irrational according to either their formal or substantive aspects. As a result, a fourfold ideal-typical types of law emerges; formally rational, formally irrational, substantively rational and…