2. Positivism and Its Critics: The Common Assumptions : The Past Within Us An Empirical Approach to Philosophy of HistoryMartin, RaymondMartin, Raymond (1989), The Past is Within Us: An Empirical Approach to Philosophy of History, Princeton: Princeton University Press....
Contemporary positivists, as well as their critics, assign different meanings and emphases to a relatively wide range of practices and philosophical positions, which has produced some confusion as to what positivism is or is not. Given the negative connotation that positivism tends to have in many...
Positivism has been criticized for its harshness. Some critics of positivism have argued that not every law enacted by a legislature should be accepted as legitimate and binding. For example, laws depriving African Americans and Native Americans of various rights have been passed by governments but ...
The book concludes by arguing that positivism's constraints are broader than many of its critics have claimed, in that modern legal positivism explains how judges can incorporate moral concepts into legal reasoning without collapsing into some form of natural law. The book argues that Austinian ...
Professor Hart defends the Positivist school of jurisprudence from many of the criticisms which have been leveled against its insistence on distinguishing the law that is from the law that ought to be. He first insists that the critics have confused this distinction with other Positivist theories ab...
Much controversy has emerged on the demarcation between legal positivism and non-legal positivism with some authors calling for a ban on the -as they see it- nonsensical labelling of legal philosophical debates. We agree with these critics; simplistic labelling cannot replace the work of ...
By contrast, at the present time in this country and to a lesser extent in England, this separation between law and morals is held to be superficial and wrong. Some critics have thought that it blinds men to the true nature of law and its roots in social life.4 Others have thought it...
knowledge.The Order of Thingswas widely attacked by both Marxists and conservative critics for its unconventional views of history. Marxists saw Foucault’s non-linear approach to history as a conservative rejection of the inevitable historical process leading to revolution and the overthrow of ...
A prominent species of legal positivism in that debate was statutory positivism, characterized by its critics and by many legal historians today as an identification of the law with the statute. In the paper it is argued that this identification is not defensible as an explication of statutory ...
Positivists believe that the integrity of the law is maintained through a neutral and objective judiciary that is not guided by subjective notions of Equity. Positivism has been criticized for its harshness. Some critics of positivism have argued that not every law enacted by a legislature should ...