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Positivism and Realism, 2002.
An analysis of Schlick's reconciliation of positivism and realism.
1,150 words (approx. 4.6 pages), 1 source, $ 44.95
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Abstract
This essay examines Schlick's argument that logical positivism and realism are not in opposition. In his view, this is so because opposition only exists between the consistent empiricist and the metaphysician. The consistent empiricist does not deny the transcendent world; he only shows that there is no meaning to denying or affirming it. Thus, positivism cannot be put into opposition with realism because it does not deny the existence of the external world; it only says that propositions about its existence are meaningless. Schlock has a credible point, although it must be emphasized that there are great differences between positivism and realism.
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Legal Positivism in the American Political System, 2006.
A look at how legal positivism appears to be the most dominant form of legal theory in the American political system.
675 words (approx. 2.7 pages), 5 sources, $ 26.95
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Abstract
Legal positivism contends that laws are formulated based on the social system of the time and the sources that the social system gives authority to form legal decisions. These sources may be in the form of a constitution, amendments, judicial decisions or state legislation, for example. The belief that legal decisions are based on justice is not the foundation of law in positivism; yet, it is based on what has previously been determined, or posited in the social order. This paper discusses the American political system and contends that the court system of the United States consistently determines law in relation to the American political system based on previous judicial decisions that form the basis of the decisions of the justices.
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Positivism, 2002.
An overview of the concepts of positivism through a review of "The Political Crisis of Social History: A Marxian Perspective" by Elisabeth Fox-Genovese and Eugene D. Genovese.
900 words (approx. 3.6 pages), 3 sources, $ 35.95
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Abstract
This paper will examine the idea of positivism as a limiting evaluator in historical thought. In Elisabeth Fox-Genovese and Eugene D. Genovese's "The Political Crisis of Social History: A Marxian Perspective," we can see how history needs a more comprehensive and all-encompassing analysis.
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Legal Positivism and Australian Law, 2004.
This paper defines the concept of legal positivism and examines how it is applicable in the Australian law arena.
1,766 words (approx. 7.1 pages), 5 sources, MLA, $ 56.95
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Abstract
This paper looks at how Australian law is very closely linked with legal positivism, since it revolves around the concept of power. It explains that the sovereign order is treated as the final word, which cannot be altered or amended. While the same is the case in the United States, the writer points out that there is some flexibility towards modern interpretations of law. The United States gives its judiciary enough freedom to interpret law according to the circumstances. The same is, however, missing from the Australian legal system where modern interpretations are often met with disapproval. It concludes that this is the essential difference between legal systems of the two countries, a difference that has turned Australian law into a more rigid and positivistic form of law.
From the Paper
"A law must be resistant to change for that is the whole purpose of implementing laws. However they must also be flexible enough to allow modern interpretation, which is unfortunately not the case in Australia and this, is what makes Australian constitutional law positivist in nature. In other words, when a law is so rigid that it cannot allow modern interpretation and fails to keep pace with changing times, it is said to be positivistic in nature. In such laws, the interpretation is rigidly limited and the original law cannot be molded to suit modern conditions and circumstances. While then United States constitutional law is also highly resistant to change, it is nonetheless flexible enough to allow Supreme and High Courts to seek modern interpretation. However that is not the case in Australia where constitutional law is the final word of authority and to allow the law to keep pace with changing times is seen as a threat to the constitution. A very apt example of this kind of rigidity of law can be seen in Bulun Bulun case of 1999.
In this case, the copyright Law of Australia was under consideration and it was found that the rigid interpretation of the law was closely connected with legal positivism. The painter John Bulun sought Court?s help in combining customary law with the Copyright Act. Mr. Bulun Bulun wanted one of his paintings "Magpie Geese and Water Lilies at the Waterhole", to be seen as a work of co-authorship. He wanted his entire community to be the owner of this property since it was more in line with his customs and cultural beliefs.
Judge Von Doussa however refused to combine customary law with Copyright Law and decided to stay with strict interpretation of the law thus taking a positivistic approach as Bowrey (2001) explains: ?It is difficult to ascertain whether or not von Doussa grasped the cultural implications that flow from his endorsement of these precedents about joint authorship. At key points in the decision closure to consideration of the indigenous point of view was achieved by using legal positivist interpretative practice. He identified the appropriate legal rule concerning joint authorship without reference to any discourse about the meaning of the terminology. Copyright law is "entirely a creature of statute"."
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Defining Post-Positivism, 2005.
This paper offers a thorough definition of Post-Positivism.
1,687 words (approx. 6.7 pages), 1 source, MLA, $ 54.95
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Abstract
This paper defines Post-Positivism as a definitional exercise in identity politics, in expanding cultural and semiotic discourse, and reinterpreting the continuing literary effort of the 20th and 21st centuries to deconstruct human life and society. This idea is expanded throughout the paper with examples being provided.
From the Paper
"Postmodernism, the literary buzzword of the past century, is often considered to be a ?liberal? form of hermeneutics, in the sense that rather than attempting to define what makes the canon great, it attempts to expand the notion of what is a literary canon, what is great literature in general. However, many liberal political activists have accused the deconstructionist movement and the postmodern aesthetic for its tendency towards reductionism and relativism. As such, betraying one's race through the sex and sexual politics of postmodernism has become ?as common as corn.? (Moya & Hames-Garcia 74)"
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Natural Law vs. Legal Positivism, 2006.
An argument that natural law is superior to legal positivism.
1,350 words (approx. 5.4 pages), 4 sources, $ 53.95
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Abstract
In an increasingly secular world natural law has frequently fallen under intense scrutiny. This paper, however, argues that natural law is superior to legal positivism and stands up well to three common criticism leveled against it; first that natural law is at least as subjective as any statute passed by legal positivists, second that natural law can impress a certain more absolutism and dogmatism upon the crafting and interpretation of the law which is inherently unhealthy in evolving societies, and thirdly that natural law is predicated upon faith and not upon reason as is the positive law tradition.
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Critiques of Positivism, 2005.
An analysis of the legal principles and theory of discretion by Ronald Dworkin and H.L.A. Hart.
1,125 words (approx. 4.5 pages), 1 source, $ 44.95
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Abstract
This essay critically examines Ronald Dworkin's criticisms of Hart's positivism, in "Models of Rules 1", in order to determine the relative strength of Dworkin's critiques. The paper argues, with reference to the work of both men, on the issue of legal principles, Dworkin's criticism of Hart's positivism is strongest while, in contrast, Dworkin's criticism of the theory of discretion under Hart's positivism is notably weak.
From the Paper
"Critiques of Positivism: Dworkin v. Hart Ronald Dworkin, in "Models of Rules 1," presents a range of criticisms of the philosophy of legal positivism as embodied in the work of H.L.A. Hart."
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Legal Naturalism vs. Legal Positivism, 2002.
A comparison of laws understood to come about naturally or through some form of positive creation.
2,630 words (approx. 10.5 pages), 2 sources, MLA, $ 79.95
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Abstract
This paper examines two of the general theories of law - legal naturalism and legal positivism, both of which have had an enormous influence on law throughout history. The first part of the paper looks at natural law which describes those diverse theories of law that do not accept human law as true law and hold that a particular "something other than the positive law is the true law". The second section examines legal positivism where one of several general theoretical traditions is based on the belief that the source of knowledge lies in experience, not in reason, nor in mind.
From the Paper
"A good example of the usefulness of classical legal naturalism can be seen in the rise of commercial law in the Middle Ages in Europe. As Glendon, Gordon, and Carozza point out, the rise of commercial law took place when Roman civil law provided no adequate coverage of new problems that arose as trade "emerged from the localism and relative economic stagnation of the Middle Ages" in the form of international banking, expanded maritime trade, and rising commercial centers."
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Positivism in "Middlemarch", 2001.
A study of the philosophical basis of George Eliot's novel, "Middlemarch.
3,932 words (approx. 15.7 pages), 14 sources, MLA, $ 107.95
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Abstract
The paper investigates the role of positivism in George Eliot's "Middlemarch" and argues that, although the novel is heavily influenced by positivism, the work ultimately rejects the notion that human life and activity can be determined and predicted 'scientifically'.
From the Paper
"Implicit in Comte's remark is one of the fundamental conclusions of his Positive Philosophy: that human nature and, beyond that, the interactions between individuals may be reduced to the scientifically determinable and definable. Much of Middlemarch seems suspicious of this view. Could it ever have been possible, if we imagine fiction as reality for a moment, to predict that a young doctor whose intent was "to do good small work for Middlemarch, and great work for the world" (147) would die early, his crowning achievement "a treatise on gout"? (818). Equally, would the application of universal laws have made it possible to determine that Fred Vincy would become a "theoretic and practical farmer"? (816)."
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Positivism and Modern Criminology, 2004.
An examination of the rise of a positivist methodology in criminology and the influence it has had.
1,963 words (approx. 7.9 pages), 8 sources, APA, $ 62.95
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Abstract
The paper discusses how the contribution of a positivist methodology to criminology cannot be underestimated and how the very name criminology did not become common until the 1890?s and the rise of positivism. It looks at how the work of Cesare Lombroso established a new method of conducting criminal inquiry even though the work of Guerry and Quetelet on French crime statistics and social data had already introduced a positivistic approach into the study of crime especially with regard to the social links with criminal behaviour. It also explores how the work of the Italian School of Criminology (scula positiva) with people like Enrico Ferri used the methodology that Cesare Lombroso introduced but applied them to different areas of inquiry. It shows how this multi-factor scientific approach allowed the science of crime to develop and become an internationally recognised academic field and encouraged people all over the world to try and search for causal links between crime and various factors like poverty and education levels.
From the Paper
"The work of Lombroso was new and radical but what is more important to the development of positivism and its subsequent influence on modern criminology were the methods that he employed in his study. The scientific methods he used revolutionised the study of crime, his new model of approach sought to identify, categorise and measure differences between criminals. Lombroso published his findings in 1876 in L?Umo Delinquente (The Delinquent Mind) and his work and methods gave rise to a new international movement. The Italian School of Criminology (scula positiva) emerged and took the methodology of Lombroso and expanded upon them. The work of people such as Enrico Ferri according to David Garland, ?showed a considerable diversity and eclecticism.? The ?French School? focused mainly upon the sociological and environmental determinants of crime and the ?German School? included the study criminalistics and the development of new forensic techniques."
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Legal Positivism vs. Natural Law Theory, 2005.
Examines and compares these two theories of philosophy of law.
1,353 words (approx. 5.4 pages), 5 sources, MLA, $ 45.95
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Abstract
In the philosophy of law, two competing factions each offer compelling arguments as to the basic nature, origin, authority and responsibility of law. These two theories are known as Natural Law Theory and Legal Positivism. This paper shows that while there are many disagreements between the two theories, at the heart of the argument is the questionable relationship between law and morality. The paper examines how Natural Law Theorists argue that there is an essential and innate overlap between law and morality, while Legal Positivists argue that while the decisions of law and morality do occasionally overlap, there is no natural relationship between them.
From the Paper
"Legal Positivists rely on a sovereign to legislate law; this sovereign,
whether it be a monarch, an aristocracy, an elected parliament, or any other person or body that writes the law for a society. For a sovereign to be considered as such, most, if not all, of the population must follow the sovereign's laws, and there must be a threat of force to enforce the law. If either of these conditions are not met, the leader cannot claim to be a true sovereign entity. Also, the sovereign cannot be subject to another sovereign's authority, such as God; if a sovereign is to be the head of a society and the maker of laws, she must be invulnerable to persuasion or else she is not a sovereign."
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Schlick's Positivism, 2002.
This paper discusses Moritz Schlick's view that metaphysics lacks a certain amount of credibility.
1,900 words (approx. 7.6 pages), 4 sources, $ 71.95
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Abstract
This paper explains why Schlick sees many philosophical problems as irrelevant and meaningless. The author point out that he believes that the verifiability of certain propositions about the material and external world are devoid of meaning. The paper crystallizes Schlick's views through an examination of Descartes and Locke.
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United Nations, 2007.
This paper discusses positivism versus post-positivism as it relates to the United Nations (U.N.).
987 words (approx. 3.9 pages), 1 source, MLA, $ 35.95
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Abstract
In this article, the writer discusses positivism and post-positivism and maintains that post-positivism focuses on a particular situation, rather than setting general principles of ethics for all persons to follow.
The writer then argues that it would seem that the post-positive perspective would be an ideal leadership approach for the currently divided United Nations. The writer argues that for positive intentions to become effectual actions, the member states of the United Nations must forge a better working relationship led by a post-positivist paradigm of leadership, However, the writer concludes that this does not mean ignoring the clear, positivist moral purpose of the UN to defend human rights.
From the Paper
"The new Secretary General, Ban Ki-Moon from South Korea, much like the past Secretary General Kofi Annan, comes from one of the less powerful member states not permanently represented on the Security Counsel. This does not mean if his predecessor's work is any indication, however, that he will necessarily be able to create a more pluralistic forum within the context of United Nations in terms of how power is balanced amongst its leaders, although he states he will strive to do so. Besides the power of the UNSC, certain factions have often been able to dominate the decision-making of the UN General Assembly, no matter how post-positivist the orientation of some of its leaders, as infamously embodied in the biased UN Resolution 3379 equating Zionism and thus the existence of Israel as racism. The UN's inability to effectively address the genocide in Rwanda and Darfur in recent years highlights the difficulty of taking effective action on behalf of an organization of such pluralistic composition."
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Entrepreneurship, 2007.
An analysis of positivism and interpretivism and their use in the study of entrepreneurship and entrepreneurial education.
4,978 words (approx. 19.9 pages), 19 sources, MLA, $ 126.95
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Abstract
This paper explores two methodological paradigms for the study of entrepreneurship and entrepreneurial education - those of positivism and interpretivism. It then describes entrepreneurial education and cognition and how these are used within management and entrepreneurship. The paper concludes by explaining positivism and its context and intention within the realm of entrepreneurship.
Table of Contents:
Introduction And Overview
Research Paradigms In Management Research
Entrepreneurial Cognition And Education
Conclusion: Positivism In Context
From the Paper
"The above discussion has enumerated many of the strengths and weaknesses of interpretivist approach to methodology. These include the subjective and relative aspects which can pose a problem, particularly with regard to the educative aspects of entrepreneurial training. Simply stated, many students do not have the experience or acumen to creatively deal with or project the more subjective components of the interpretivist approach. This would mean that the positivist and more accessible quantitative strategies as discussed above would be the more applicable methodologically and more appropriate to the entrepreneurial education environment."
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Perspectives on Legal Order, 2005.
An analysis of Positivism, Marxism, Natural Law, Anarchism, Legal Realism, Feminism, and Critical Legalism, and their impact on Canadian Law.
1,350 words (approx. 5.4 pages), 2 sources, $ 53.95
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Abstract
The paper discusses and analyzes various perspectives on legal order. The paper examines different concepts, including Positivism, Marxism, Natural Law, Anarchism, Legal Realism, Feminism, and Critical Legalism. The paper analyzes the role that these theories played in Canadian lawmaking, determining that Positivism had the most influence on contemporary Canadian lawmakers.
From the Paper
"What is the purpose of law and why do we need it? Would society completely crumble into a chaotic mess if law did not exist? Well, from what I understand thus far, and from what I have seen on TV lately, law is important to maintaining order in society. Without law and order, anarchy would rule our lives. This sentiment was proven recently in the wake of hurricane Katrina. The devastation and human suffering is a result from lack of government organization."
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