Positivism

legal positivism, Ronald Dworkin identifies three main tenets of positivism’s “skeleton” (Dworkin 74): The first is that a community’s law is distinguished from other social standards by a master rule’s recognition. The second is that when a case cannot be resolved by an existing set of rules, a judge must exercise discretion to reach a decision. The third is that a legal obligation exists if and only if a case falls under a set of valid legal rules. Organized under these key tenets, positivism…

investigation. All of these assumptions underlie the basic principles of the post-positivist approach. Below, I discuss the fundamental assumptions underlying the ontology and epistemology of post-positivism. I also include a brief discussion of the approaches’ benefits for the production of social scientific…

brain, but how it reacts in different social situations. Positivism has a history of its' own. While Comte developed this method, he did not get to see how it was used to influence others in future generations. “During the twentieth century positivism was a dominant philosophy used to make sense of natural and social science. Many scholars made sense of their work using the tenets of empiricism and derivative philosophies, such as positivism, behaviorism, pragmatism and instrumentalism.…

This paper analyzes the case, R. v. Sparrow [1990] 1 S. C. R. 1075 from the perspective of the legal positivism theory. As it shall be revealed later in this paper, the case is highly important in the history of Canadian law because it was in it that the Supreme Court of Canada made an important decision concerning the application of the rights of aboriginals, which, for a long time had been and is still controversial. Specifically, the court held that aboriginal rights, for example, fishing,…

This solidifies the free will idea by intensifying the freedom to partake in certain actions. Positivist theories seek scientific answers and can be broken down into three different categories: biological positivism, psychological positivism, and social positivism. In biological positivism, biological inferiority makes criminals genetically different, making this an example of nature in Charles Darwin’s nature versus nurture debate. However, no studies thus far have been able to prove that…

being the piece of land always the same, it derives that people might have different perceptions of nature according to their identities. To this extent, this paper will address the question of whether it exists a nature ‘out there’ as maintained by Positivism or if it is only a social construction as claimed by Social Constructivism. It will be argued that the radicalism (and sometimes even blindness) of those perspectives is reflected also in their political approaches, as highlighted by the…

Since the days of Comte 's positivism concept has lost its original meaning: there are at least a dozen different epistemological approaches, consider themselves to positivism. French sociologist Loic Wacquant distinguishes three main types of positivism: Durkheim, logical and instrumental. A variety of positivism, which remains dominant today, is instrumental positivism. This approach eschews epistemological and metaphysical speculations about the…

hard legal positivism, and soft legal…

Logical Positivism would lend itself better to the study of education greater than Symbolic Interactionalism because of the philosophical tenets of Logical positivism. To further support this claim, Singh (2016), states that Logical Positivism reflects the following aims of education (1) Education should emphasize upon developing conceptual clarity. The analyses of concepts…

Interpretivism can be described as to understand human interpretations. Knowledge is constructed by human. Interpretivism emphasizes the meaningful nature of people’s actions in social life, which more focuses on interpretations of behaviour rather than positivism, which is more likely to use numerical data and mostly be adopted in quantitative methods. In this research proposal, the aim is to develop the understanding of the subjective issues that can not be quantified. Customers’ satisfaction…