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Book Details :
Published on: 2014-03-03
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Original language: English
Judging Positivism is a critical exploration of the method and substance of legal positivism. Author Margaret Martin is primarily concerned with the manner in which theorists who adopt the dominant positivist paradigm ask a limited set of questions and offer an equally limited set of answers, artificially circumscribing the field of legal philosophy in the process. The book focuses primarily, but not exclusively, on the writings of prominent legal positivist Joseph Raz. Martin argues that Raz's theory has changed over time and that these changes have led to deep inconsistencies and incoherencies in his account. One reoccurring theme in the book is that Razian positivism collapses from within. In the process of defending his own position, Raz is led to support the views of many of his main rivals, namely Ronald Dworkin, the legal realists, and the normative positivists. The internal collapse of Razian positivism proves to be instructive. Promising paths of inquiry come into view and questions that have been suppressed or marginalized by positivists re-emerge, ready for curious minds to reflect on anew. The broader vision of jurisprudential inquiry defended in this book re-connects philosophy with the work of practitioners and the worries of law's subjects, bringing into focus the relevance of legal philosophy for lawyers and laymen alike. [Subject: Legal Philosophy] HOME - GB2015 Welcome! [last updated 25 January 2017] This website provides information about me and my research [click here] my publications [click here] and scholarly activities. Deontological ethics - Wikipedia Deontological ethics or deontology (from Greek deon "obligation duty") is the normative ethical position that judges the morality of an action based on rules. Interventionism Internet Encyclopedia of Philosophy Interventionism. The theory of interventionism examines the nature and justifications of interfering with another polity (that is political organization) or with ... Social Science Philosophy of Internet Encyclopedia of ... The Philosophy of Social Science. The philosophy of social science can be described broadly as having two aims. First it seeks to produce a rational reconstruction ... Legal Positivism (Stanford Encyclopedia of Philosophy) Legal positivism is the thesis that the existence and content of law depends on social facts and not on its merits. The English jurist John Austin (1790-1859 ... Empiricism rationalism and positivism in library and ... Citation: Birger Hjrland (2005) "Empiricism rationalism and positivism in library and information science" Journal of Documentation Vol. 61 Iss: 1 pp.130 - 155 Choosing Qualitative Research: A Primer for Technology ... Choosing Qualitative Research: A Primer for Technology Education Researchers Marie C. Hoepfl A number of writers have commented on the dearth of substantive ... CHAPTER 4 Research Methodology and Design Chapter 4: Research methodology and design 293 reality assumed by positivism is realism whereby a reality is assumed to exist; in contrast post-positivism assumes ... Leopold von Ranke - Wikipedia Leopold von Ranke (/ r k /; German:; 21 December 1795 23 May 1886) was a German historian and a founder of modern source-based history. Jurisprudence legal definition of ... - Legal Dictionary Jurisprudence. From the Latin term juris prudentia which means "the study knowledge or science of law"; in the United States more broadly associated with the ...
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