词汇 | example_english_positivist |
释义 | Examples of positivistThese examples are from corpora and from sources on the web. Any opinions in the examples do not represent the opinion of the Cambridge Dictionary editors or of Cambridge University Press or its licensors. Others, even among legal positivists, believe that this road inevitably leads to a dead end. First, he points out that many positivists accept the possibility of content-based constraints on legal validity. Another reply available to the positivists goes still further. As a result, inclusive positivists find themselves caught in the middle of a philosophical cross fire. Legal positivists have spent much time and effort attempting to justify this lawyerly intuition. The pragmatists stressed the use of the scientific method in all areas of life, and so found common cause with the positivists. The positivists whose argument we examined had the bad luck of picking the wrong game and the wrong model of convention. Legal positivists have long assumed that it is not. All is not lost, however, for other inclusive legal positivists. There are two ways of understanding this: legal positivists often assume that knowing what the law is means identifying valid laws. Contrary to the positivists, he questions the unique role of senses, emphasizing that human knowledge could not be limited to the sensible world. Another important similarity between positivists and cultural nationalists was the belief that societies were natural organisms rather than creations of autonomous, free-thinking individuals. As such, this argument will prove too much as far as most positivists are concerned. The question that legal positivists have struggled with is whether it is possible to explain law's normativity without invoking moral considerations. Exclusive legal positivists do not fall prey to this objection. Since the rule of recognition sets out the authoritative marks of the legal system, inclusive legal positivists permit moral properties to be marks of authority. The struggle against materialists, positivists, and advocates of scientism became a mainstay of his intellectual agenda. Such a logical commitment is troubling for the soft positivists in two respects. We are thus thrust back into the old debate between legal positivists and natural lawyers, a debate that the legal positivists won long ago. In doing so, logical positivists developed a bare-bones, though highly technical, discourse as the medium appropriate to investigate truth. The passage aims to criticize the logical positivists' idea that scientific knowledge can be built upon neutral empirical ground. Let us now return to the challenge raised at the beginning of the essay regarding the positivists' attem pt to ground auth ority str uctures on social facts. The hypothetical positivist's suggestion that legal value facts are internal to the law would have to mean more than that they have no application outside of law. Understanding and resolving the debate between positivists and antipositivists requires understanding the nature of the relevant determination relation-the relation between determinants of legal content and legal content. The venerable debate between natural-law theorists and legal positivists has also had a bearing on the question of the existence of a duty to obey the law. Legal positivists have been forced to explain, in a way that is consistent with positivism's basic tenets, the apparent fact that moral principles can sometimes be binding legal sources. I will begin by setting out, and then criticizing, the argument that legal positivists have used to demonstrate the primacy of convention in the determination of legal authority. In defiance of his own methodological precepts concerning interpretive generosity, he has quite often attributed theses to positivists which no members of their camp would accept. He takes a view about all normative facts (or at least about many kinds of normative facts) that is parallel to the legal positivist's view about legal facts. Let us summarize this point: legal positivists have rested their case on the concept of validity but have done very little to explain what it is to identify 18. Modern positivists have elaborated on this core idea by maintaining that the existence of the law depends essentially on the existence of a conventional "r ule of recognition.". Many soft positivists will be happy to admit that judges who decide cases by reference to such norms are extending the law rather than exclusively finding it. Traditional, materialist and positivist archaeologists as well as most non-professional interpreters seem to put a greater emphasis on the archaeological remains of a vanished past. The positivist underpinnings of the daily hassles research have meant that the impact of such discourses has not been considered. The positivist position assumes that the relationship between researcher and his/her data should be as distant as possible, preferably entirely objective. His toppling of straw men does not tell us much about the genuine merits of the positivist stance. He therefore implicitly leaves open the possibility that one can be a conventionalist positivist but with an alternate theor y of convention. Thus, non-realisation of a posited mechanism can not (in contrast to the claim of positivists) be taken to signify its non-existence. From Wikipedia This example is from Wikipedia and may be reused under a CC BY-SA license. Modern positivists generally eschew metaphysical concerns in favor of methodological debates concerning clarity, replicability, reliability and validity. From Wikipedia This example is from Wikipedia and may be reused under a CC BY-SA license. Critics have sometimes claimed that the organisation is full of positivists. From Wikipedia This example is from Wikipedia and may be reused under a CC BY-SA license. Modern legal positivists consider international law as a unified system of rules that emanates from the states' will. From Wikipedia This example is from Wikipedia and may be reused under a CC BY-SA license. Second, they adopt uniformly positivist methodologies, whether quantitative or qualitative. I think there is a problem with this view, one that possibly affects the entire positivist project. She contrasts this tradition with that of 'foundational science' in the positivist tradition. I have the impression that at present we are coping with the contextual/ post-modern/anti-positivist ideas in a similar, delayed and moderate way. Ironically, natural-law accounts of legal authority fail for much of the same reason that the earlier legal-positivist approach did. The positivist now has to face the challenge head-on. From the standpoint of a positivist, this is not surprising. Such analysis might be usefully tackled by collaborative research of positivist and normative economists. However, like positivists, postpositivists pursue objectivity by recognizing the possible effects of biases. From Wikipedia This example is from Wikipedia and may be reused under a CC BY-SA license. In the twentieth century, two positivists had a profound influence on the philosophy of law. From Wikipedia This example is from Wikipedia and may be reused under a CC BY-SA license. The logical positivists envisaged a similar scientific language. From Wikipedia This example is from Wikipedia and may be reused under a CC BY-SA license. Non-cognitivists, moral skeptics, moral nihilists, and most logical positivists deny the epistemic possibility of objective notions of justice. From Wikipedia This example is from Wikipedia and may be reused under a CC BY-SA license. The paper is an attack on two central aspects of the logical positivists' philosophy. From Wikipedia This example is from Wikipedia and may be reused under a CC BY-SA license. Early attempts by the logical positivists grounded science in observation while non-science was non-observational and hence meaningless. From Wikipedia This example is from Wikipedia and may be reused under a CC BY-SA license. Instead, the logical positivists adopted an emotivist position, which held that value judgments expressed the attitude of the speaker. From Wikipedia This example is from Wikipedia and may be reused under a CC BY-SA license. Happily for a positivist theor y of criminal law, this seems unlikely. As for the moral validity of law, both positivists and realists maintain that this is a matter of moral "principles". From Wikipedia This example is from Wikipedia and may be reused under a CC BY-SA license. Positivists believe that there are correct answers that we can discover based upon empirical observation. From Wikipedia This example is from Wikipedia and may be reused under a CC BY-SA license. The term "positivist" is an unambiguous slur in some intellectual circles. Under the influence of positivists and scientific thinkers, the government assisted in public education. From Wikipedia This example is from Wikipedia and may be reused under a CC BY-SA license. A second problem with the positivist construction is the neglect of the contingent and negotiated nature of the risks. A key contrast here is the ' positivist ' notion that the world has existence independent of our perception. In positivist research the use of proxy informants to provide objective data about a second individual has been widely used. Approaches to "culture," however, must resist positivist approaches that reaffirm the observable. A properly ethnographic study of cetaceans would directly subvert their positivist methodology and reductionist assumptions. Can action research be made more rigorous in a positivist sense? Having gone through speci c decades when positivist and interpretivist approaches were popular, both disciplines came to value the practitioner as researcher. In the present article we adopt a critical stance to the knowledge produced from this research, questioning its foundations in the positivist epistemology. Could a legal positivist accept that moral rules were also legal r ules of that system, even though no official body had posited them? In other words, must the soft positivist accept that such norms cannot rightly be deemed preexistent laws that the judges discover rather than introduce? Is the positivist account of law belied by the distinction between a consensus of conviction and a consensus based on convention? Legal positivists had an easier argument: if judges just make law, then they could now make it one way instead of another. From Wikipedia This example is from Wikipedia and may be reused under a CC BY-SA license. No positivist believes that it does not matter whether the r ule of recognition is controversial. Widely scorned within the philosophical community in the 1940s and 1950s, the book, said some positivist philosophers, was a less-than-careful statement of their doctrines. Moreover, few historians of early modern theatre regularly incorporate the theoretical insights and challenges to positivist historiography that are such central tenets of new historicism. In case of a conflict between international law and national law, the positivist assumes that the latter takes precedence over the former. Participants noted the tendency of positivist social science to underplay the role of norms. Consequently, the positivist history of science developed in an ideological context of dialectical tension with the history of philosophy. The narrative of an increasingly scientific psychoanalysis, in the positivist sense of the word, gave way to a new line of thought. In the few places where they refer to uncertainty, they use it in a positivist sense (to be explained below). One solution was to surrender fully to the mechanistic-scientific imperative - a solution that typifies neoclassical economics, "social physics," or positivist geography and rational planning. Surprisingly, then, we are back to square one - the strong positivist position we saw at the outset. He indicated that the positivist view was then prevalent among physicists and, instead of taking sides, he offered a humorous comparison of these two views. He would seem to mean a kind of non-positivist objectivity - an objectivity relative to particular, historically and culturally determined structures. The positivists' rejection of free will was fundamental to their position. Similarly, as we saw, positivists tended to recognise the need for a category of" crime" outside of the existing legal one. Because positivists implicitly assume their own freedom, they create a kind of moral divide. The positivist's obsession with establishing the facts as true or false is matched here by an intolerance of moral ambiguity. In addition, consider the argument of legal positivists and interpretivists. If positivists concede that evaluative considerations are required for legal theory, then the same considerations seem to be involved in knowing the content of law. Indeed, the logical positivists regarded this definition as a paradigmatic application of their empiricist criterion of meaningfulness. The statistical evidence has all the answers to a positivist's prayers. To the positivists these are not important - they are simply a product of the workings of the larger society. Where positivists emphasize facts and cause-and-effect relationships, interactionists emphasize insight and understanding. Although the original biological positivists' work was overwhelmingly concerned with the causes of crime, they were associated with a particular penal programme as well. The biological positivists could only propose indeterminate detention or extinction for such categories of offender. Most positivists endorse the claim that there is no necessar y connection between the concepts of law and morality. Legal positivists do not require that a norm possess any desirable, or lack any undesirable, moral attributes in order to count as law. Many legal positivists would accept it, but other legal philosophers do not, including natural lawyers of both the modest and the robust variety. These examples are from corpora and from sources on the web. Any opinions in the examples do not represent the opinion of the Cambridge Dictionary editors or of Cambridge University Press or its licensors. |
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