Download or read book The Legal Theory of Ethical Positivism written by Tom D. Campbell and published by Routledge. This book was released on 2016-12-05 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal Theory of Ethical Positivism re-establishes some of the dogmas of classical legal positivism regarding the separation of legizlation and adjudication and the feasibility of institutionalizing the morally neutral application of rules as an ideal capable of significant realization. This is supplemented by an analysis of the formal similarities of the morally and legally adjudicative points of view which offers the prospects of attributing a degree of moral authority to positivistic rule application in particular cases. These theories are worked through in their application to specific problem areas, particularly freedom of communication.
Download or read book The Legal Theory of Ethical Positivism written by Tom Campbell and published by Routledge. This book was released on 1996 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Defamation Criteria: Fact or Value? -- The Elusive Distinction between Fact and Opinion -- Defamation and Freedom of Expression -- Conclusion -- 10 Conclusion: A Unifying Prescription -- Introduction -- Socialist Positivism -- Critical Legal Positivism -- Feminist Positivism -- Alternative Dispute Resolution -- Conclusion -- Bibliography -- Index
Download or read book The Ethics of Positivism written by Giacomo Barzellotti and published by . This book was released on 1878 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book No Place for Ethics written by T. Patrick Hill and published by Rowman & Littlefield. This book was released on 2021-10-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In No Place for Ethics, Hill argues that contemporary judicial review by the U.S. Supreme Court rests on its mistaken positivist understanding of law—law simply because so ordered—as something separate from ethics. Further, to assert any relation between the two is to contaminate both, either by turning law into an arm of ethics, or by making ethics an expression of law. This legal positivism was on full display recently when the Supreme Court declared that the CDC was acting unlawfully by extending the eviction moratorium to contain the spread of the Covid-19 Delta variant, something that, the Court admitted, was of indisputable benefit to the public. How mistaken however to think that acting for the good of the public is to act unlawfully when actually it is to act ethically and must therefore be lawful. To address this mistake, Hill contends that an understanding of natural law theory provides the basis for a constitutive relation between ethics and law without confusing their distinct role in answering the basic question, how should I behave in society? To secure that relation, the Court has an overriding responsibility when carrying out its review to do so with reference to normative ethics from which the U.S. Constitution is derived and to which it is accountable. While the Constitution confirms, for example, the liberty interests of individuals, it does not originate those interests which have their origin in human rights that long preceded it. Essential to this argument is an appreciation of ethics as objective and based on principles, like those of justice, truth, and reason that ought to inform human behavior at its very springs. Applied in an analysis of five major Supreme Court cases, this appreciation of ethics reveals how wrongly decided these cases are.
Download or read book The Ethics of Positivism written by Giacomo Barzellotti and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ethics of Positivism is a landmark work that critically examines the underlying philosophy of positivism and its ethical implications. As one of the first significant critiques of positivism's ethical system, this work has been a standard reference for many researchers and academics in philosophy and sociology. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Philosophy of Law A Very Short Introduction written by Raymond Wacks and published by OUP Oxford. This book was released on 2014-02-27 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Download or read book The Ethics of Positivism written by Giacomo Barzellotti and published by Forgotten Books. This book was released on 2015-06-15 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Ethics of Positivism: A Critical Study In introducing to the American public this book, which is published in English for the first time, principally through the kind initiative and intelligent cooperation of Miss Ida Lilian Olcott, I deem it necessary to refer to the occasion and time of its production, to its purpose and to the considerations which have led me to comply with the kind request of the translators, with the hope that their work would prove of some use and pleasure to the students of Philosophy. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Download or read book The Ethics of Positivism written by Giacomo 1844-1917 Barzellotti and published by Legare Street Press. This book was released on 2021-09-10 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The Worlds of Positivism written by Johannes Feichtinger and published by Springer. This book was released on 2018-01-25 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to trace the origins and significance of positivism on a global scale. Taking their cues from Auguste Comte and John Stuart Mill, positivists pioneered a universal, experience-based culture of scientific inquiry for studying nature and society—a new science that would enlighten all of humankind. Positivists envisaged one world united by science, but their efforts spawned many. Uncovering these worlds of positivism, the volume ranges from India, the Ottoman Empire, and the Iberian Peninsula to Central Europe, Russia, and Brazil, examining positivism’s impact as one of the most far-reaching intellectual movements of the modern world. Positivists reinvented science, claiming it to be distinct from and superior to the humanities. They predicated political governance on their refashioned science of society, and as political activists, they sought and often failed to reconcile their universalism with the values of multiculturalism. Providing a genealogy of scientific governance that is sorely needed in an age of post-truth politics, this volume breaks new ground in the fields of intellectual and global history, the history of science, and philosophy.
Download or read book Beyond Positivism written by Bruce Caldwell and published by Routledge. This book was released on 2015-07-20 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its publication in 1982, Beyond Positivism has become established as one of the definitive statements on economic methodology. The book‘s rejection of positivism and its advocacy of pluralism were to have a profound influence in the flowering of work methodology that has taken place in economics in the decade since its publication. This editi
Download or read book The Legacy of Positivism written by Michael Singer and published by Palgrave Macmillan. This book was released on 2006-04-03 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gives a unique historical and interpretive analysis of a widely pervasive mode of thought that it describes as the legacy of positivism. Viewing Auguste Comte as a pivotal figure, it charts the historical origins of his positivism and follows its later development through John Stuart Mill and Emile Littre. It shows how epistemological shifts in positivism influenced parallel developments in the human and legal sciences, and thereby treats legal positivism and positivism as it is understood in the human sciences within a common framework.
Download or read book Positivism in Social Theory and Research written by Christopher G. A. Bryant and published by Palgrave Macmillan. This book was released on 1985-01-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Download or read book A General View of Positivism written by Auguste Comte and published by Lulu.com. This book was released on 2020-02 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A General View of Positivism French philosopher Auguste Comte gives an overview of his social philosophy known as Positivism. Comte, credited with coining the term 'sociology' and one of the first to argue for it as a science, is concerned with reform, progress and the problem of social order in society. In this English edition of the work, published in 1865, he addresses the practical problems of implementing his philosophy or doctrine, as he also refers to Positivism, into society. He believes that society evolves through a series of stages that are ruled by social laws and culminate in a superior form of social life. During this reorganisation of society, which will find its greatest supporters among women and the working class, a 'new moral power' will emerge. Under the motto 'love, order and progress' Comte wishes humanism to replace organised religion as the object of spiritual worship.Auguste Comte, considered by some to be the first "philosopher of science," was perhaps
Download or read book Illustrations of Positivism written by John Henry Bridges and published by . This book was released on 1915 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Beyond Positivism Behaviorism and Neoinstitutionalism in Economics written by Deirdre Nansen McCloskey and published by University of Chicago Press. This book was released on 2022-06-30 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction The Argument in Brief -- Economics Is in Scientific Trouble -- An Antique, Unethical, and Badly Measured Behaviorism Doesn't Yield Good Economic Science or Good Politics -- Economics Needs to Get Serious about Measuring the Economy -- The Number of Unmeasured "Imperfections" Is Embarrassingly Long -- Historical Economics Can Measure Them, Showing Them to Be Small -- The Worst of Orthodox Positivism Lacks Ethics and Measurement -- Neoinstitutionalism Shares in the Troubles -- Even the Best of Neoinstitutionalism Lacks Measurement -- And "Culture," or Mistaken History, Will Not Repair It -- That Is, Neoinstitutionalism, Like the Rest of Behavioral Positivism, Fails as History and as Economics -- As It Fails in Logic and in Philosophy -- Neoinstitutionalism, in Short, Is Not a Scientific Success -- Humanomics Can Save the Science -- But It's Been Hard for Positivists to Understand Humanomics -- Yet We Can Get a Humanomics -- And Although We Can't Save Private Max U -- We Can Save an Ethical Humanomics.
Download or read book Legal Positivism in a Global and Transnational Age written by Luca Siliquini-Cinelli and published by Springer Nature. This book was released on 2019-08-30 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.
