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1
Ferreira, Sónia Mairos. "Dos processos aos produtos de investigação: três propostas de avaliação de estudos científicos não positivistas." Revista Pesquisa Qualitativa 6, no. 12 (December 24, 2018): 530. http://dx.doi.org/10.33361/rpq.2018.v.6.n.12.165.
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Resumo: O presente artigo constitui uma reflexão crítica acerca dos desafios e possibilidades que se colocam, na contemporaneidade, à avaliação da qualidade de investigação científica, quando esta se desenvolve segundo orientações de matriz não positivista. No âmbito da prossecução deste propósito a primeira rubrica contém uma breve síntese das (in)suficiências, reportadas na literatura, no que respeita ao positivismo e, também, às propostas alternativas defendidas pelos/as seus/suas críticos/as. A rubrica seguinte sintetiza três tendências de apreciação da qualidade de estudos científicos não positivistas, apontando as particularidades que assumem, assim como as divergências que possuem, em relação ao positivismo e, igualmente, entre si.Palavras-chave: Conhecimento científico; Investigação (não) positivista; Avaliação. From processes to research products: three proposals of evaluation of non-positivistic scientific studiesAbstract: This article is a critical reflection on the challenges and opportunities that arise, in contemporaneity, to the evaluation of the quality of scientific research, when it develops accordingly to non-positivist guidelines. In pursuing this purpose the first rubric contains a brief overview of the (in)sufficiencies, reported in the literature, regarding positivism and, also, to alternative proposals advocated by its critics. The following rubric synthesizes three trends of assessing the quality of non-positivist scientific studies, pointing out the particularities they assume, as well as the major differences from positivism and from each other.Keywords:
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Milán López, Juan Alfonso. "Justo Sierra : del romanticismo al positivismo, su reflejo en la poesía." Estudios: filosofía, historia, letras 21, no. 145 (2023): 133. http://dx.doi.org/10.5347/01856383.0145.000308861.
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With the rise of national literature during the Restored Republic, Justo Sierra adhered to the romantic and liberal guidelines propagated by Altamirano in such publications as El Renacimiento. However, with the arrival of Porfirio Díaz to power, Sierra’s literature turned to positivism. In this article, the change from the "romantic" Sierra into the "positivist" Sierra is analyzed.
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Junjie, Ma, and Ma Yingxin. "The Discussions of Positivism and Interpretivism." Global Academic Journal of Humanities and Social Sciences 4, no. 1 (January 19, 2022): 10–14. http://dx.doi.org/10.36348/gajhss.2022.v04i01.002.
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This paper aims to explore the philosophical theoretical foundations of two basic research paradigms, namely positivism and interpretivism. In the discussion process, literature in the relevant fields including academic papers and books is reviewed and used as support for the analysis. Firstly, the paper explores the differences between the positivist and interpretivist paradigms in terms of ontology and epistemology. The paper then goes on to critically analyze the shortcomings of interpretivism, including nihilism, susceptibility to bias, and neglect of ideological influences. Finally, this paper adopts the credibility, transferability, dependability, and confirmability theories to support the interpretivist perspective on research methods, i.e., qualitative research methods, from the educational field. This research will help researchers to better understand the differences between positivist and interpretivist paradigms and to choose the applicable research methods according to the research field.
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Mikhailov, Anton Mikhailovich. "Understanding the Rule of Law in the Positivist Doctrine of J. Times." Право и политика, no. 9 (September 2022): 45–60. http://dx.doi.org/10.7256/2454-0706.2022.9.38771.
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The subject of the present paper is the interpretation of the doctrine of the rule of law in the teaching of the leading representative of exclusive legal positivism, Joseph Raz (1939 - 2022). The importance of analysing the doctrine of the rule of law in this perspective lies in the fact that such a study is able to identify the fundamental ideas of the positivist understanding of law and the rule of law from the standpoint of the post-Hartian stage of its evolution. The article reveals two main approaches to understanding the rule of law in modern British legal literature - material and formal concepts. Raz's views on the rule of law are compared with the classical ideas of A.V. Dicey, the principles of the "inner morality" of law by L.L. Fuller and the position of F.A. von Hayek. The scientific novelty of the article is that for the first time in the Russian legal literature an attempt has been made to reveal the differences between formal and material concepts of the rule of law in British jurisprudence. Raz's arguments about the nature and goals of the rule of law are not generally accepted in English constituional doctrine, but are quite indicative of the position of post-Hartian legal positivism on the problem of building a stable and predictable legal order. On the one hand, the principles of the rule of law revealed in the teachings of Raz relate exclusively to the legal form, which is generally characteristic of the neo-positivism of the XX century. On the other hand, sociological attitudes can also be distinguished in Raz's teaching, which allows to assert that post-Hartian legal positivism combines a number of ideas of "classical" and "sociological" positivism.
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Mikhailov, Anton Mikhailovich. "Understanding the Rule of Law in Joseph Raz's Positivist Doctrine." Политика и Общество, no. 1 (January 2023): 33–45. http://dx.doi.org/10.7256/2454-0684.2023.1.43806.
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The subject of the present paper is the interpretation of the doctrine of the rule of law in the teaching of the leading representative of exclusive legal positivism, Joseph Raz (1939–2022). The importance of analyzing the doctrine of the rule of law from this perspective lies in the fact that such a study is able to identify the fundamental ideas of the positivist understanding of the law and the rule of law from the standpoint of the post-Hartian stage of its evolution. The article reveals two main approaches to understanding the rule of law in modern British legal literature: material and formal concepts. Raz's views on the rule of law are compared with the classical ideas of Albert Venn Dicey, the principles of the "inner morality" of law by Lon L. Fuller, and the position of Friedrich August von Hayek. The scientific novelty of the article is that, for the first time, an attempt has been made to reveal the differences between formal and material concepts of the rule of law in British jurisprudence in Russian legal literature. Raz's arguments about the nature and goals of the rule of law are not generally accepted in English constitutional doctrine but are quite indicative of the position of post-Hartian legal positivism on the problem of building a stable and predictable legal order. On the one hand, the principles of the rule of law revealed in Raz's teachings relate exclusively to the legal form, which is generally characteristic of the neo-positivism of the twentieth century. On the other hand, sociological attitudes can also be distinguished in Raz's teaching, which allows us to assert that post-Hartian legal positivism combines a number of ideas of "classical" and "sociological" positivism.
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Pieper, Vincenz. "Literary Appreciation in the Framework of Positivism." Journal of Literary Theory 14, no. 1 (March 1, 2020): 76–93. http://dx.doi.org/10.1515/jlt-2020-0005.
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AbstractSome literary scholars assume that appreciation, if it is to take a central position in literary studies, must be defined as a complement to value-neutral understanding. It is often claimed that positivists are unable to do justice to literary value since their engagement with works of literature is restricted to historical inquiry. They can only do the preparatory work for the proper goal of literary interpretation, i. e. aesthetic appreciation. On this basis, a distinction is introduced between historical scholarship and criticism. The former is supposedly concerned with factual questions, while the latter is concerned with aesthetic qualities. I argue that this picture of literary studies is fundamentally misguided. My central thesis is that positivists, though committed to value-neutrality, can nonetheless recognise the qualities that make a work of literature effective or rewarding. Literary appreciation is a form of understanding that involves evaluative terms. But if these terms are duly relativised to the interests of the historical agents, they can be used to articulate empirically testable statements about the work in question.In the first section, I set out some principles to define a positivist philosophy of the humanities. I use the term ›positivism‹ to designate an approach exemplified by Otto Neurath, who systematically opposes the reification of meanings and values in the humanities. While some scholars in the analytical tradition call into question positivism by invoking Wittgenstein, I will suggest that his later philosophy is for the most part compatible with Neurath’s mindset. The following sections attempt to spell out a positivist account of literary appreciation. I develop this account by examining the philosophy of criticism proposed by Stein Haugom Olsen and Peter Lamarque, the most prominent advocates of the idea that appreciation goes beyond mere understanding. In discussing their misappropriation of Wittgenstein’s philosophy of language, it will become apparent that they tend to idealise literary practice and its rules. Their description of the institution of literature mixes factual questions with personal value judgements. Positivists, by contrast, seek to distinguish factual matters from subjective judgements and to limit the study of literature as far as possible to the former. They advise critics to approach works of literature in the spirit of scientific inquiry. This does not mean, however, that there is no place for emotional experience and evaluative behaviour in the framework of positivism. To account for these aspects of literary scholarship, a theory of historical empathy is needed that clarifies the function of evaluative expressions in the explanation of literature. I will argue that value terms are used not solely or primarily to articulate what makes the work under consideration pleasurable for the scholar who uses them; their principal function is to indicate what makes a work satisfying from the perspective of the writer or from the perspectives of the groups the author seeks to impress. Empathy is exhibited in the willingness to use evaluative language to make sense of the writer’s behaviour, regardless of whether one finds the work personally rewarding or not.
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POCHEBUT, STANISLAV. "MODERN APPROACHES TO THE CRITIQUE OF POSITIVISM." Studia Humanitatis 12, no. 1 (June 2019): 15–23. http://dx.doi.org/10.15393/j12.art.2019.3362.
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Modern epistemology of science has carried out a strong criticism of the domi-nant views of the positivist and neo-positivist model of knowledge and actual-ly undermined its authority. At the turn of several centuries, the positivist posi-tion has been experiencing significant theoretical and methodological difficul-ties in explaining the nature of social life and the prospects for socio-historical development. Because of this, the study of modern approaches to criticism of such areas as positivism, with a special indication of the importance of social and humanitarian knowledge for understanding the processes taking place in modern society, is of particular importance. The present research is based on the accepted in social philosophy analysis methods of primary sources and re-search literature. Over a long period of time, the predominance of the mecha-nistic, materialistic and deterministic view of the world, the introduction of cal-culation, measurement and accuracy as the basic methodological principles of science, armed with the postulation of quantitatively defined entities, formed no less characteristic social ethics. Abstract schemes, formalist methods, uni-versal ideas and concepts subordinated all to the identical logic of the Autono-mous subjective mind and its basic predicate – the intellectualist will to power. The twenty-first century, together with its strong criticism of positivism in many of its manifestations, clearly proves to us, through a profound analysis of positivist approaches, that the reality around us is much closer to chaos than to space. Thus, the result of the study is the designation of the special im-portance of social and humanitarian knowledge in the XXI century for the study of the processes taking place in society, while recognizing the inability of the exact Sciences to describe social actions. Being opposite in the method of approaches to the study of society, they coincide in the goal, which is to achieve a state of non-duality – the lack of separation into the subject and the object of the exhaustion of self. The author considers such experience to be the limit for human existence simultaneously with the statement of its chaotic and non-deterministic nature in development.
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Guastini, Riccardo. "Legal Realism as a Positivistic Theory of Law." Isonomía - Revista de teoría y filosofía del derecho, no. 53 (October 31, 2020): 127–37. http://dx.doi.org/10.5347/isonomia.v0i53.452.
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Since the Sixties, following Norberto Bobbio, everyone is (or should be) used to distinguish among methodological, theoretical, and ideological legal positivism (LP). By the way, in Italian legal-philosophical literature, LP is often opposed to legal realism (LR). One has to wonder, however: what kind of LP and what kind of LR are we talking about? (i) As to LR, those scholars who oppose realism and positivism have in mind most of all Scandinavian Realism, especially Olivecrona and Ross. (ii) As to LP, those scholars who oppose realism and positivism have in mind either the 19th century prevailing theory of law or Kelsen’s pure theory. The opposition between LR and the pure theory is sound. Nonetheless, such an opposition does not arise from a supposed anti-positivistic stance of LR. It depends on two non-positivistic theses endorsed by Kelsen: the concept of validity as binding force, and the normative theory of legal science, conceived of a set of deontic (non-factual) sentences echoing valid (i.e., binding) norms. The opposition between LR and 19th century LP is equally sound, but does not hold when referred to contemporary LP, which is mainly conceived of as a methodological (Benthamite) attitude towards the law. LR is an openly positivistic view about the law. To be sure, not all positivist legal scholars are realist, but all realists are (“hard”) positivists.
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Kaesnube, Yohanes, and Armada Riyanto. "Positivisme Hukum dalam Mengatasi Konflik Hukum Perkawinan Beda Agama." Borneo Review 2, no. 2 (December 21, 2023): 104–15. http://dx.doi.org/10.52075/br.v2i2.221.
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Abstract
The focus of this study is that interfaith marriages often cause legal conflicts due to religious differences between husband and wife. This legal conflict can be related to various matters such as child custody, distribution of assets, and determination of the child's religion. This becomes complex because each religion has its own rules regarding marriage and family. The purpose of this scientific work is to find out how the legal view of legal positivism in interfaith marriages. Legal positivism is a legal view that emphasizes the importance of written legal rules as the only source of applicable law. In the context of interfaith marriages, legal positivism can play an important role in overcoming legal conflicts that arise. The method used in this scientific paper is a comparative study and literature. There are three findings from this study: First, legal positivism can help parties involved in interfaith marriages to understand the applicable legal rules. Second, legal positivism can help resolve legal conflicts through appropriate legal channels. Third, legal positivism can help ensure legal protection for parties involved in interfaith marriages.
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Bystrov, A. S., and S. V. Vinogradov. "The “Hart-Dworkin” Debate: Critical Capacity for Russian Legal Theory." Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (June 20, 2023): 79–90. http://dx.doi.org/10.17803/2311-5998.2023.104.4.079-090.
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This article is devoted to an analysis of the early arguments within the Anglo-American philosophical and legal discussion, known in the academic literature as the “Hart-Dworkin” debate. The key theses attributed by R. Dworkin to the legal positivism of H. Hart and his proponents are examined: the pedigree thesis, the discretion thesis, the obligation thesis and the separability thesis. R. Dworkin’s criticism of these theses, on the basis of legal positivists’ undervaluing of the role of legal principles, as well as the capacity of these arguments for reconsideration of the key assumptions of mainstream Russian legal theory, is characterized. The central statements of the exclusive (hard) and inclusive (soft) legal positivism as two strategies of reaction to R. Dworkin’s critique are analysed. The separability thesis is discussed through the framework of J. Coleman’s distinction between positive and negative versions of the positivist legal theory. The conclusion that the nature of the nexus between moral and legal norms has not been properly problematised in contemporary Russian legal theory and that the arguments in the Hart-Dworkin debate have critical capacity to challenge dogmatism on this issue is justified.
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Matyushenko, Z. G., and N. G. Samsonova. "Positivism in Russia: the early stage." Izvestiya MGTU MAMI 7, no. 4-2 (April 20, 2013): 34–41. http://dx.doi.org/10.17816/2074-0530-67957.
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The article studies the early development of Russian positivism highlighting the main ideas and a number of personalities. The urgency of the article is determined by the need to recreate a complete panorama of history of Russian philosophy as well as by the state of the research problems in modern literature: the period of positivism genesis in Russia has been rather poorly studied.
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Prasetyo, Yogi, and Absori Absori. "Study Of Legal Positivism." Supremasi Hukum: Jurnal Kajian Ilmu Hukum 8, no. 2 (December 1, 2019): 21. http://dx.doi.org/10.14421/sh.v8i2.2133.
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This article is a result of study that aims to explain the importance of the thought of legal positivism. The rapid development of science and technology can cause problems in life. The demands of the necessities of life to be fulfilled by human beings. Therefore, the development of legal positivism as a legal discipline closely related to the rational method of legal thinking becomes very important. There are various issues that require assertiveness and legal certainty to solve them. Understand how laws in legislation are important in law science, because law embraces the principle of legality in the system of state positive law norms. The study method used is literature with philosophical approach. From the results of the study shows that the study of legal positivism is very important to understand the law in writing in the legislation. Deductive that became characteristic in the method of reasoning legal positivism to get a correct understanding of the law of the general provisions established in the legislation. Rational-based legal positivism is very useful to establish the degree of legal certainty.
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Dragenytė, Ramutė. "Vincas Mykolaitis-Putinas’ Literary History: Narrative’s Methodological Singularities." Colloquia 32 (June 1, 2014): 14–34. http://dx.doi.org/10.51554/col.2014.29238.
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The Lithuanian classic Vincas Mykolaitis-Putinas’ literary history, Naujoji lietuvių literatūra (The New Lithuanian Literature; Volume 1 published 1936; Volume 2, 2009) was the first conceptual, academic history of Lithuanian literature. In this metanarrative account, Mykolaitis-Putinas sought to methodologically describe different authors in terms of each one’s national and aesthetic consciousness. This national historiographic narrative was made possible by the grand national narrative that shaped the Lithuanian literary canon: the development of a national Lithuanian literature and the identification of its most important texts, genres, directions, and authors. Naturally, this grand narrative dictated Mykolaitis-Putinas’ writing methodology, as though the author were hostage to the cultural-historical school of positivism, forced to provide cultural contexts, present dry writers’ biographies, and look for causal connections. His categorization of literary historical content was determined by the quest for a national program characteristic of Romantic literary history – idealized subjects, rather than literary facts. On the other hand, anti-positivist aesthetics (drawn from Wilhelm Dilthey, Benedetto Croce, Maurice de Munnynck, Oscar Walzer, and others) also had considerable influence on his interpretation of the works. Although Mykolaitis-Putinas sought to assess the texts historically, from the perspective of the time he was examining, his own aesthetic views led him to have a critical relationship with literary history as a whole. Each author was critiqued – in terms of content, but even more so in terms of form.The literary history under discussion is a synthesis of two historiographic models: following Romanticism’s model of literary history, it tracesthe nation’s spiritual develoment; following historicist positivism, it seeks to understand different periods, the development of genres and directions, and explores causal connections and cultural contexts. This interpretive model presupposed an aesthetic understanding and the search for a “selfcontained literature”. Mykolaitis-Putinas’ history is a biographical-psychological, aesthetic, and – most importantly – a critical analysis of Lithuanian literature.
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Goff, Alan. "Historical Narrative, Literary Narrative—Expelling Poetics from the Republic of History." Journal of Book of Mormon Studies (1992-2007) 5, no. 1 (April 1, 1996): 50–102. http://dx.doi.org/10.2307/44747530.
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Abstract Postivist historiography has always maintained an impermeable boundary between history and literature. But positivism is itself a historical sediment whose time is now past. Recent literary theory and historiography emphasize the continuities between history and literature. Under the domination of historiography by a positivist epistemology (from about 1880 to 1960), history attempted to free itself from its literary heritage; more recently theorists from a number of disciplines have recognized that history, both ancient and modern, has been informed by literary motifs, themes, and strategies. The repetition of the exodus literary pattern, for example, through the Bible, the Book of Mormon, and Christian history does nothing to bring into question the historical status of the events. The exodus patterns evident in Mosiah do not force the Book of Mormon to surrender historical claims just because they also happen to be literary.
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Sholihah, Amilatu, and Muhammad Anwar Idris. "Alfred Jules Ayer’s Logical Positivism: A Critical Examination and Its Relevance in Islamic Studies." Jaqfi: Jurnal Aqidah dan Filsafat Islam 8, no. 2 (November 2, 2023): 150–71. http://dx.doi.org/10.15575/jaqfi.v8i2.11262.
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This article delves into the philosophical ideas of Alfred Jules Ayer, specifically focusing on his contributions to logical positivism. The research methodology employed is a literature review, utilizing a descriptive-analytical qualitative approach. The study is structured around four key aspects. Firstly, it provides an overview of the historical evolution of logical positivism. Secondly, it elucidates the theoretical framework of Alfred Jules Ayer’s logical positivism. Thirdly, it explores the criticisms leveled by Karl Popper against Ayer’s logical positivism, particularly concerning induction and verification. Lastly, the article investigates the relevance of Ayer’s concept of verification to the field of Islamic studies. The study concludes by discussing the applicability of Ayer’s verification concept to Islamic studies, drawing parallels with the concept of “tabayyun” in Islamic jurisprudence. “Tabayyun” signifies the meticulous scrutiny and verification of information, particularly when it originates from an untrustworthy source (a “fasiq”). This process aligns with Ayer’s emphasis on verifying meaningful propositions, ensuring the quest for clear truths in both philosophy and Islamic jurisprudence
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Pathak, Krishna Prasad, and Samjhana Thapaliya. "Some Philosophical Paradigms and their Implications in Health Research: A Critical Analysis." International Research Journal of MMC 3, no. 3 (October 1, 2022): 9–17. http://dx.doi.org/10.3126/irjmmc.v3i3.48627.
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There are five common philosophical paradigms used in the research and they are: Positivism, Post- Positivism, Interpretivism, Criticalism and Post modernism. Each paradigm has different research methods and analyses. The aim of this paper is to reveal the philosophical underpinning of Positivism, Post- Positivism, Interpretivism, Criticalism and Post modernism paradigms in health education research. In this review, each paradigm has been explained properly with reference to health education research based on the literature reviews available in peer-reviewed academic articles and books. This paper helps researcher especially health education researcher to identify paradigm and their implication in health education. Positivism is a science-based empirical method which yields singular reality used in scientific research. Post-positivism deal with multiple reality which asserts that every theory is revisable and that is used in social science especially in quantitative research. Interpretivism is the study of social phenomena to find out the hidden reality which is within the society and it is one of the main philosophies of qualitative research. Criticalism is considered one of the best methods to use in health education research to liberate people from social injustices through consciousness gained through health education. Post-modernism rejects the all-existing assumptions, beliefs and values and give an emphasis on qualitative research method that is appropriate to carry out the research study.
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Zaman, Jamrud Qomaruz, Achmad Khudori Sholeh, Fadil Fadil, Nor Salam, and Aina Sofea Binti Ros Azman. "The Influence of Positivism and Empirism in The Enforcement of Islamic Inheritance Law in Indonesia." Substantive Justice International Journal of Law 7, no. 1 (June 24, 2024): 48. http://dx.doi.org/10.56087/substantivejustice.v7i1.267.
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Positivism and empiricism are modern paradigms become the basic guidelines for the schools of legal philosophy, namely legal positivism and legal realism. However, the current condition in Indonesia is dominated by the paradigm of legal positivism so that everything must be by written law. The practice of inheritance division that is always based on the concept of 2:1 as in the Compilation of Islamic Law is felt to be incompatible with community justice. The purpose of this research is to enrich the study of the positivism and empiricism paradigms as a renewal of Islamic inheritance law in Indonesia. The benefit of this research is to inform that the integration of positivism and empiricism in law will produce competent law enforcement. This research is a normative research with a conceptual approach and data sources in the form of literature and data analysis techniques, namely evaluation. The results of this research are; (1) The factor that causes judges in Indonesia to use the judicial restraint approach excessively as a characteristic of legal positivism is the legal culture of the application of the civil law legal system. (2) The solution to the problem offered is to borrow Fazlur Rahman's double movement theory, namely historical contextualisation by taking universal values from the norm. Therefore, it is time for judges to be free to move to realize moral justice within the limits set by the Constitution and the Law on Judicial Power.
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HOROWITZ, TAMARA. "The positive legacy of positivism." Critical Quarterly 33, no. 1 (March 1991): 88–92. http://dx.doi.org/10.1111/j.1467-8705.1991.tb00933.x.
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Blystad, Magnus H., and Simen Christensen Grøgaard. "Empatiens mange ansikter: fenomenologisk og positivistisk empati." Tidsskrift for Norsk psykologforening 60, no. 12 (January 2, 2024): 32–43. http://dx.doi.org/10.52734/erkp8472.
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Understanding of the concept of empathy is often subject to change. The manifold conceptualisations, as well as the terminological ambiguities regarding the concept, are observed by studying interdisciplinary, overlapping and even contrasting perspectives of the phenomena across public discourse and academic literature. In this article we do not attempt to reduce the concept of empathy to a single entity, but rather strive to illuminate the many approaches to it. We identify a categorisation of the literature on empathy into two overarching approaches and propose two prototypical epistemological positions that might describe the definitional variations in understanding and applying it, namely a phenomenological or a positivist model underlying understandings of the concept. These two categories encompass wide subsets of traditions and perspectives which we summarise in a nomological network. Such a framing enables us to document the basis for the concept of empathy within a diversity of disciplinary traditions. Keywords: empathy, phenomenology, positivism, nomological network
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Дидикин, А. Б. "Inclusive legal positivism: Basic arguments." Law and State 3, no. 100 (October 20, 2023): 6–12. http://dx.doi.org/10.51634/2307-5201_2023_3_6.
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The relevance of the topic of this paper is due to the insufficient study of the problems of inclusive legal positivism in the modern philosophy of law. The problem of substantiating the thesis of the inclusion of morality in law on the basis of rational argumentation of scientists and legal practice data considered in the paper allows an innovative analysis of basic legal concepts. The subject of the research is to analyze the methods of moral, ethical and legal argumentation in the works of representatives of inclusive legal positivism. The purpose of the work is to theoretically reconstruct the essence of the debate between inclusive and exclusive legal positivism. The novelty of the topic is due to the lack of studies in the educational and scientific literature on the specifics of the argumentation of inclusive legal positivism, set out in the scientific works of Will Waluchow and Kenneth Himma, the need to rethink traditional ideas about the theory of legal positivism. The research methods used in the paper is the methods characteristic of analytical jurisprudence, including those related to the use of methods of logical and linguistic analysis, as well as special legal methods (formal legal method of interpretation of regulatory prescriptions). The main conclusions of the paper are to reveal the key arguments of the concept of inclusive legal positivism. It is proved that from the point of view of this concept, the law has moral grounds, and judges in some cases use moral reasoning when making court decisions.
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Indriyani, Irma. "Pengaruh Aliran Hukum Positivisme dan Rasa Keadilan di Indonesia." AHKAM 1, no. 1 (December 28, 2022): 193–204. http://dx.doi.org/10.58578/ahkam.v1i1.752.
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Legal positivism school of thought or Legal Positivism has a strong influence in law enforcement in Indonesia. The method used in this research is a qualitative method with a literature study approach. The results of his study concluded that law enforcement prioritizes the side of legal certainty compared to a sense of justice, this happens because in law enforcement judges pay less attention to other aspects of enforcement such as sociological, psychological, ethical and moral. Therefore, the author proposes a legal reform related to strengthening values religion, Pancasila and progressive law enforcement.
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Hadi, Syofyan. "KEKUATAN MENGIKAT HUKUM DALAM PERSPEKTIF MAZHAB HUKUM ALAM DAN MAZHAB POSITIVISME HUKUM." Jurnal Ilmiah Hukum LEGALITY 25, no. 1 (July 14, 2018): 86. http://dx.doi.org/10.22219/jihl.v25i1.5992.
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The existence of society is always followed by the existence of law. It indicates that society and law can not be separated from one another. The law is not only an instrument to create security and order relationships between individuals and other individuals in society. However, the law is also an instrument of morality that enters the human ratio to create justice. Related to that, in law there are two most famous schools of law, the school of natural law and legal positivism madhabab. Through the literature study approach, this study tries to answer the strength of binding power between the school of natural law and the school of legal positivism of the School of Natural Law sees the law as a reflection of morals, ethics and justice. While the legal positivism madhhab see law as a sovereign command that has nothing to do with morals, ethics and justice
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DELANEY, JEAN H. "Imagining El Ser Argentino: Cultural Nationalism and Romantic Concepts of Nationhood In Early Twentieth-Century Argentina." Journal of Latin American Studies 34, no. 3 (August 2002): 625–58. http://dx.doi.org/10.1017/s0022216x0200648x.
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This article reexamines early twentieth-century Argentine cultural nationalism, arguing that the movement's true significance rests in its promotion of a vision of Argentine nationhood that closely resembled the ideal of the folk nation upheld by German romanticism. Drawing from recent theoretical literature on ethnic nationalism, the article examines the political implications of this movement and explores the way in which the vigorous promotion of the ethnocultural vision of argentinidad by cultural nationalists served to detach definitions of Argentine identity from constitutional foundations and from the ideas of citizenship and popular sovereignty. It also challenges the accepted view that Argentine cultural nationalism represented a radical break with late nineteenth-century positivism. Positivist ideas about social organicism, collective character and historical determinism all helped paved the way for the Romantic vision of nationhood celebrated by the cultural nationalists.
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Kanon, Marcin. "Problematyczność stosowania metafizyki do pozytywizmu prawniczego na przykładzie tezy o społecznym źródle prawa." Miscellanea Historico-Iuridica 19, no. 2 (2020): 241–65. http://dx.doi.org/10.15290/mhi.2020.19.02.12.
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The aim of this article is to present a legal positivist social source thesis in the context of classical metaphysical reflection. Author uses the method of analysing the source texts and abstracts theses that can be considered as metaphysical. Metaphysical theses divide into existential and essential. They are expressed directly by an author or possible to reconstruct. Reasoning was based on convenience that universality of metaphysics should be considered temporally. The thesis about the evolution of ways of understanding reality, along with the development of mankind, is one of the cardinal assumptions of positivism in general. Based on this historiosophical rule, August Comte draws further conclusions about a possible modern philosophy for the future. The denial of metaphysics leads to cursory, perhaps unconscious, acceptance of the theses that have already been developed in the history of philosophy. The reflections are essentially focused on the issue of ontological status of society. Its understanding determines the understanding of social facts and seems to have an impact on social source thesis. The main part of the reflection is placed in a historical context. It enables to examine some aspects that are difficult to consider nowadays. One of the conclusions is that metaphysics to which positivism opposes is dominant in 19th century philosophy, but in general only one of many schools of thought. Since there is no specific literature on that matter, author signalize problems considering them generally.
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Budiono, Arief, Dewi Iriani, Nunik Hariyani, and Erma Ullul Janah. "Jhon Austin's Positivism Legal Policy: Convergence of Natural Law." International Journal of Multicultural and Multireligious Understanding 8, no. 9 (September 24, 2021): 401. http://dx.doi.org/10.18415/ijmmu.v8i9.3058.
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Legal positivism is influenced by natural law from Ancient Greece, natural law comes from God to regulate human life. Humans were created by reason by God to make rules, John Austin stated that to make a rule sourced from orders or policies in the field of law by the king or parliament as the highest authority. This influenced the thinking of Hans Klesen with a pure legal theory that complies with hierarchical rules and sanctions, Hart's legal positivism explains that law comes from morals that regulate one's behavior. This paper is in the form of legal research in literature studies in the form of books and journals that discuss positivism legal policy, which is legal research, then analyzed using the John Austin doctrine. The advantage of the influence of natural law on legal positivism according to Austin is that it divides the law into two forms, namely the law from God for humans (the divine law), the law created by God for His creatures. Laws are compiled and made by humans, which consist of: Laws that are actually positive laws (properly so called), and laws that are not actually laws (improperly so called). 2. The doctrine of legal positivism, state power must be limited and controlled by law, the state must be constructed as a state of law and not a state of power. Every citizen is considered to have the same position, law enforcers to think and act legally formalistically, by placing legal justice as the goal of law.
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Goncharenko, Bogdana. "THE FIGURE OF THE UKRAINIAN IN POLISH WORKS AND THE POLISH IN UKRAINIAN LITERATURE OF THE SECOND HALF OF THE 19TH CENTURY." Polish Studies of Kyiv, no. 38 (2022): 102–17. http://dx.doi.org/10.17721/psk.2022.38.102-117.
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The article examines the image of the figure of a Ukrainian in Polish literature and the figure of a Pole in Ukrainian literature of the second half of the 19th century. The ethno-image of the Ukrainian and Ukraine, which was fixed in the Polish mentality for quite a long time, is studied, the formation of the national identity of Poles is traced on the example of literary works and literary-critical works. Typological parallels in the works of contemporary poets and writers are traced. Various themes of works in both literatures of the era of romanticism and positivism are analyzed. Changes and mutual influences of both cultures are outlined. Mutual stereotypes and historical background are highlighted. The post-romantic period is, without a doubt, the most difficult to discuss, since it not only encompasses, as already noted, various literary periods and movements, including the dominant one already at the end of the 19th century. in both literatures, the positivist direction, remaining the common denominator of the cultural structure that exists in the context of the entire history of Polish-Ukrainian national-cultural relations. The statement of S. Ulyash, based on the dichotomy of Self (Polish) and Other (Cossack-Ukrainian), was considered, thanks to which the process of awareness of national differences and identification of Self (Polish) in relation to Other (Ukrainian) was consolidated. However, already in the second half of the 19th century, there was a change in the vision of Ukraine. The post-romantic period not only covers different literary eras and movements, in particular the positivist period, but also unites the relationship between the two literatures. The experience gained by positivists was developed and increased in the era of Polish and Ukrainian modernism. It is stated that image of Ukraine at the end of the 19th century. in Polish literature, features of individualization, a vitalistic concept of connection with nature and a tendency to poeticize the Ukrainian folklore tradition, history to a lesser extent. The political and historical factors of that time certainly left an im- print on the apperceptive background regarding the reception of the Ukrainian in Polish literature as the Other in later times.
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Nekrašas, Evaldas. "POZITYVIZMO POVEIKIS LITERATŪRAI, DAILEI IR ARCHITEKTŪRAI." Problemos 77 (January 1, 2010): 142–51. http://dx.doi.org/10.15388/problemos.2010.0.1894.
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Pozityvizmas padarė reikšmingą įtaką daugeliui XIX ir XX amžių filosofijos srovių. Bet jo įtaka skleidėsi plačiau – jis darė poveikį gamtos ir ypač socialiniams mokslams bei įvairioms kitoms viešosios ir privačios žmogaus veiklos sritims: teisei, politikai, kasdieniam gyvenimui. Nemenka jo įtaka ir menui ar menams. Šią įtaką straipsnyje ir mėginama patyrinėti.Įtakos pobūdis priklausė nuo epochos ir joje dominavusios pozityvizmo formos ir buvo ganėtinai skirtingas. Klasikinis, arba socialinis, XIX amžiaus pozityvizmas labiausiai paveikė literatūrą. XIX a. pozityvizmas traukė rašytojus tiek savo dėmesiu faktams ir dėsningai visuomenės raidai, tiek kolektyvistiniais bei altruistiniais idealais, tiek progresyvistine orientacija. Labiausiai jo įtaka jaučiama natūralistiniuose Émilio Zola kūriniuose. Ernsto Macho empiriokriticizmo idėjų poveikis buvo kitoks. Nepalyginti daugiau dėmesio nei Auguste’as Comte’as skyręs ne išoriniams, o vidiniams faktams, o tiksliau, patį jų supriešinimą laikęs ydingu, Machas padarė poveikį vadinamiesiems modernistams: Jamesui Joyce’ui, Franzui Kafkai, Robertui Musiliui. Subjekto desubstancializacija, sąmonės srautas, sapno ir tikrovės suliejimas – tai Macho įtakos ženklai. Jų nestinga ir modernistinėje dailėje, ypač abstrakcionistinėje, nes dailininkus labai paveikė XX amžiaus pradžioje itin populiarios Macho mintys apie percepciją ir ypač erdvės vizualinį suvokimą. Na, o loginio pozityvizmo įtaka ryškiausiai skleidėsi architektūroje, kurią Vienos ratelio nariai laikė svarbiausiu iš menų. Daug bendravę su garsiosios Bauhauso architektūros mokyklos atstovais, jie nemažai prisidėjo prie loginių pozityvistų griežtas logines konstrukcijas atliepiančių funkcionalizmo ir konstruktyvizmo idėjų, „naujojo daiktiškumo“ sklaidos.Pagrindiniai žodžiai: pozityvizmas, menas, natūralizmas, modernizmas, funkcionalizmas.Impact of Positivism on Literature, Visual Arts and ArchitectureEvaldas Nekrašas SummaryPositivism has made a significant influence on many schools of philosophy of the 19th and 20th centuries. But its influence spans even further – positivism also made an impact on natural and especially on social sciences, as well as on various fields of public and private life, such as law, politics and everyday life. A significant influence has been also made on arts. The latter is being analyzed in the article.The nature of influence depended on the historical epoch and the prevailing form of positivism and was quite diverse. Classical or sociological positivism made the biggest impact on literature. Positivism of the 20th century was attractive to writers because of its attention to facts and the steady development of society, collectivistic and altruistic ideals and progressive orientation. The influence of positivism can be seen in naturalistic writings of Émile Zola. The empirio-criticism of Ernst Mach made quite a different impact. Contrary to Auguste Comte, he emphasized not external but internal facts or, to be precise, considered such contraposition to be faulty, and made an impact on writers, such as James Joyce, Franz Kafka, Robert Musil, who are usually called modernists. De-substantialisation of subject, stream of consciousness, fusion of dream and reality are signs Mach’s influence. They are also apparent in abstract art where Mach’s ideas of visual space perception were exceptionally popular at the beginning of the 20th century. In turn, the influence of logical positivism is most visible in architecture which by members of the Vienna Circle was considered to be the most important of arts. Having been in close contact with representatives of the Bauhaus school, they made a significant contribution to the spread of constructivism and functionalism which correspond to the strict logical structures of logical positivism.Keywords: positivism, arts, naturalism, modernism, functionalism.
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Jailani Tanjung, Ahmad Kodir, Hari Purwadi, and ,. Hartiwiningsih. "PARADIGMA HAKIM DALAM MEMUTUSKAN PERKARA PIDANA DI INDONESIA." Jurnal Hukum dan Pembangunan Ekonomi 7, no. 1 (April 9, 2019): 39. http://dx.doi.org/10.20961/hpe.v7i1.29178.
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<p>Abstract<br />This research is aims to assess the judge’s way of thinking in deciding criminal cases in Indonesia. Since the first world of law science has been colored by contemplation of legal thought. One of the most influential streams in the development of the Indonesian legal system is the flow of positivism or analytical positivism or rechtsdogmatiek. This research is normative law research. This research is approaching case and concept while its data collecting technique is done by researching case study and literature study or secondary data only. . If the result of research done by writer with inductive, deductive, analogy, paroductive method is that it can be concluded that judge in Indonesia is a posistivisme adherent. It is proved that judges in Indonesia make decisions only by law. And do not see any other legal eyes. In general criminal cases 55% of Supreme Court judges use Deductive methods and 30% use Analogy, 25% use parduksi and 5% using other methods. And in Special Crimes 80% of judges use deductive, 15% using Analogy and 5% using other methods. Thus, if combined between Special and Criminal Crimes, the Judges in the Supreme Court 70% use deductive and the rest use analogies, deductions and other methods. A<br />writer concludes that the judge in the Supreme Court in pursuing a criminal case during 2017 embraces a positivist paradigm.<br />Keywords: Paradigm; Judge; Deciding Criminal Case.</p><p>Abstrak<br />Penelitian ini bertujuan untuk menilai cara berpikir hakim dalam memutuskan perkara-perkara pidana di Indonesia. Sejak dahulu dunia ilmu hukum telah diwarnai oleh kontestasi pemikiran hukum. Salah satu aliran yang sangat berpengaruh dalam perkembangan sistem hukum Indonesia adalah aliran positivisme atau analyticalpositivism atau rechtsdogmatiek. Penelitian ini merupakan penelitian hukum normatif. Penelitian ini melakukan pendekatan kasus dan konsep sedangkan Teknik pengumpulan datanya dengan dilakukan dengan cara meneliti studi kasus dan studi pustaka atau data sekunder belaka. .Jika dilihat hasil peneilitian yang dilakukan penulis dengan metode Induktif, deduktif, analogi, paroduktif adalah bahwa bisa disimpulkan bahwa hakim di Indonesia adalah penganut posistivisme. Dengan dibuktikan bahwa hakim di Indonesia melakukan putusan hanya berdasarkan undang-undang. Dan tidak melihat kaca mata hukum lain. Dalam perkara pidana umum 55% hakim Mahkamah Agung menggunakan metode Deduktif dan 30% menggunakan Analogi, 25% menggunakan parduksi dan 5% menggunakan metode lain. Dan didalam pidana Khusus 80% hakim menggunakan deduktif, 15% menggunakan Analogi dan 5% menggunakan metode lain. Sehingga jika digabungkan antara pidana Khusus dan pidana Umum Hakim di Mahkamah Agung 70% menggunakan deduktif dan sebagagian lainnya menggunakan analogi, deduktif dan metode lain. Sehinggga penulis menyimpulkan bahwa hakim di Mahkamah Agung dalam meutuskan perkara pidana selama tahun 2017 menganut paradigma positivisme. <br />Kata Kunci: Paradigma; Hakim; Memutuskan Perkara Pidana.</p>
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Pirog, Gerald. "The Bakhtin Circle's Freud: From Positivism to Hermeneutics." Poetics Today 8, no. 3/4 (1987): 591. http://dx.doi.org/10.2307/1772571.
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Kasatkin, S. N. "THESIS OF JUDICIAL DISCRETION IN THE DEBATE BETWEEN R. DWORKIN AND POSITIVISTS: ARGUMENTS OF THE ‘LATER’ H. HART." Вестник Пермского университета. Юридические науки, no. 57 (2022): 372–98. http://dx.doi.org/10.17072/1995-4190-2022-57-372-398.
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Introduction: this article deals with Herbert Hart’s conception of judicial discretion, taken as an authoritative example of the theory of legal positivism in his debate with Ronald Dworkin. The article is of particular interest not only because it turns to the significant issues of legal proceedings as fundamentally conceptualized by the parties to the debate but also because it investigates the ‘later’ Hart’s doctrine of discretion, which is unexplored in Russian jurisprudence and presented in the foreign literature only in truncated form, leaving the author’s 1967–1980s works out of consideration. Purpose: reconstruction of the ‘later’ Hart’s arguments in favor of the positivist thesis of judicial discretion, evaluation of these arguments from the perspective of both development of the jurist’s views and the polemics between R. Dworkin and positivists. Results: the first section of the article presents H. Hart’s original 1961 doctrine as a starting point in the debate of R. Dworkin and positivists; the emphasis is placed on the opposition between the theses of legal indeterminacy and judicial discretion and the counter-theses of completeness of law and the single right answer. In the second section, H. Hart’s 1967–1994 contentions concerning judicial discretion related to R. Dworkin’s ideas are explicated. The third section provides over all reconstruction of the ‘later’ Hart’s doctrine, as well as its assessment in the perspective of the author’s 1961 and 1994 views and the polemic between R. Dworkin and positivists. Conclusions: in his 1967–1994 works, H. Hart follows in line with positivists’ argumentation in their debate with R. Dworkin, thus making a contribution to strengthening the potential of positivist theory. Despite his limited participation, the jurist monitors key points of the debate, trying to substantiate his basic conception of judicial discretion in the changed context. Its final updated version does not receive a full-fledged formulation from the ‘later’ Hart. However, it is clearly irreducible to the ideas of the ‘Postscript’ (1994), usually discussed in this capacity in Western literature: following a number of new arguments, consistent with his 1961 approach, Hart sets out important corrections / ways of development, associated with both departure from a purely linguistic model of legal indeterminacy and presumably problematic specificity of judicial discretion within the framework of moral identification of law, allowed by soft positivism.
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Ulman, J. D. "RADICAL BEHAVIORISM VERSUS PRAGMATISM." Reflexio 12, no. 1 (2019): 5–29. http://dx.doi.org/10.25205/2658-4506-2019-12-1-5-29.
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Some behaviorists consider positivism to be an obsolete scientific philosophy and advocate for pragmatism or a tenet thereof, contextualism, as the appropriate philosophical world view for the study of behavior. I argue that pragmatism is just as flawed as positivism and for essentially the same reason: they both stem from the same source – British empiricism. I distinguish between empirical and empiricism, the former, the inductive experimental approach put forth by Francis Bacon (1561–1626) and exemplified in the work of B. F. Skinner; the latter, a problematic epistemology founded by John Locke (1632–1708) leading to ambiguity and confusion about the connection between sensation and material reality, and eventually to the proliferation of mentalistic/cognitive constructs that appear in the behavioral literature today. I also examine the ambivalent role of Ernst Mach’s philosophy of science, one that strongly influenced such notable scientists as Einstein and Skinner but also had the retrograde effect of establishing positivism as a school of philosophy. Finally, I argue that the term radical behaviorism should be replaced with behavioral materialism as the designation for the scientific philosophy underlying behaviorology, a philosophy that is aligned with scientific materialism, not with pragmatism or contextualism.
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Holod, Roman. "Література польського позитивізму та натуралізму в ідейно-естетичній рецепції Івана Франка." Studia Ucrainica Varsoviensia 6 (April 20, 2018): 349–57. http://dx.doi.org/10.5604/01.3001.0011.7978.
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The article is dedicated to Franko’s scientifi c reception of Polish positivism and naturalism literature as well as historical and theoretic interpretation of Polish writers achievements of the above mentioned stream in the context of the international, Polish and Ukrainian literature processes. The value of popularization activities of Ivan Franko concerning the achievements of French naturalism in Polish literature is determined as well as the value of enriching Ukrainian literature with the achievements of Polish naturalists. The peculiarities of national variants of naturalism are as well observed in comparison with an international invariant.
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Mack, Michael. "Die Blendung as a Negative Poetics: Positivism, Nihilism, Fascism." Orbis Litterarum 54, no. 2 (April 1999): 146–60. http://dx.doi.org/10.1111/j.1600-0730.1999.tb01945.x.
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Arseniev, Pavel. "Sergei Tret’iakov Between Literary Positivism and the Pragmatic Turn." Russian Literature 103-105 (January 2019): 41–59. http://dx.doi.org/10.1016/j.ruslit.2019.04.002.
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Bear, Jordan. "Where There's Smoke … Photography's Causal Histories." October 163 (March 2018): 3–20. http://dx.doi.org/10.1162/octo_a_00315.
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The ways in which a particular historical milieu understands the relationship between causes and effects helps us to discern its conception of photography, a representational mode so often entangled in such categories. An examination of the last third of the nineteenth century and its so-called “revolt against positivism” provides an example. This period saw the slow and nearly comprehensive collapse of positivist history, and no grievance was more regularly directed at the declining school than the reductive scientism of its account of causality. Recognizing this crisis compels us to look at photographs of the period in a particular light—as the products of a tension between two fundamentally different epistemologies, or, more specifically, what we might call two different “cultures of causality.” This study commences that project by examining a group of photographs produced in Naples, where the causal legibility of Vesuvius's plumes—as innocent emissions or ominous tocsins—took on an existential import.
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Mustofa, Mustofa. "Epistemology of Paradigms for Positivism, Interpretivism, and Action Research in Educational Research: A Literature Review." Journal of Office Administration : Education and Practice 3, no. 3 (January 30, 2024): 214–24. http://dx.doi.org/10.26740/joaep.v3n3.p214-224.
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This paper elaborates on three popular paradigms in educational research: positivism, interpretive, and action research. I epistemologically elucidate the three paradigms through literature reviews and provide ideas and criticisms. Positivistic with their objective postulate that explains empirically are usually related to behaviour, interpretive with its contextual power, and action research with participatory arguments and dialectics process. This paper does not claim that there is only one best approach to educational research. However, it provides a philosophical overview of each paradigm.
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Dhobi, Saleem. "PhD Research in Humanities & Social Sciences: Methods & Approaches." Patan Pragya 10, no. 01 (December 31, 2022): 179–87. http://dx.doi.org/10.3126/pragya.v10i01.50755.
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This paper discusses philosophical approaches usually employed in undertaking research in general and PhD research in particular in Humanities and Social Sciences. The role of qualitative research that focuses on feelings and opinions collected through different research methods and tools is paramount in disciplines like History, Economics, Sociology, Linguistics, Literature etc. The article underscores the approaches rather than methods. In addition, the paper demonstrates how approaches including positivism, constructivism, interpretivism, critical theory, and so on rest on the ontological, epistemological, and axiological postulates. The objective of the paper is to inform the researchers and scholars about the philosophical approaches used in conducting research in different disciplines in general and in Humanities and Social Sciences in particular. Besides, the paper brings quantitative research method into discussion to comprehensively present differences and purposes of both qualitative and quantitative approaches. The knowledge of both approaches and paradigms can help to employ the most appropriate approach in undertaking qualitative research. The finding shows that the philosophical approaches including positivism, post-positivism, interpretivism, constructivism, and critical theory are widely employed in social sciences. These pervade in almost all disciplines for analyzing both qualitative and quantitative data. However, interpretivism, constructivism, and critical theory are paramount in undertaking qualitative research.
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Sulistyawan, Aditya Yuli. "Liberalisme dan Rasionalitas sebagai Basis Rule of Law: Perspektif Gerald Turkel." Undang: Jurnal Hukum 3, no. 1 (July 7, 2020): 173–200. http://dx.doi.org/10.22437/ujh.3.1.173-200.
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This paper is intended to discuss Gerald Turkel’s thoughts on liberal society, rationality, and rule of law, as well as the author’s analysis of the paradigms that underlie these thoughts. This article focuses on the scope of social change by analyzing how rule of law has made the change from classical liberalism and competitive capitalism to corporate liberalism and corporate capitalism in the United States. Through the study of literature, the author can conclude that there is a common thread between the relationship between classical liberalism, competitive capitalism and the rule of law ideology, in this case the rule of law is explained based on the typology of legal decision making put forward by Max Weber and his views on rationality and social action. Next, a philosophical study by the author paradigmatically against the thought of Turkel concluded that Turkel’s writings were still in the understanding of the positivism paradigm. However, this paradigmatic study is not the only one because through this writing, the reader is invited to slowly (but surely) enter the “world” paradigm of critical theory et. al. Therefore, among the paradigmatic ranges, Turkel actually rests on the post-positivism paradigm.
Abstrak
Artikel ini membahas pemikiran Gerald Turkel mengenai masyarakat liberal, rasionalitas, dan rule of law, serta paradigma yang memayungi pemikiran tersebut. Artikel ini difokuskan pada lingkup perubahan sosial dengan menganalisis bagaimana rule of law telah membuat perubahan dari liberalisme klasik dan kapitalisme kompetitif menuju liberalisme korporasi dan kapitalisme korporasi di Amerika Serikat. Melalui studi literatur, artikel ini menyimpulkan bahwa terdapat benang merah hubungan antara liberalisme klasik, kapitalisme kompetitif dan ideologi rule of law, dalam hal ini rule of law yang dijelaskan berdasarkan tipologi pengambilan keputusan hukum yang dikemukakan oleh Max Weber dan pandangannya tentang rasionalitas dan tindakan sosial. Telaah filsafati yang dilakukan secara paradigmatik terhadap pemikiran Turkel menyimpulkan bahwa tulisan Turkel masih berada dalam pemahaman paradigma positivisme. Namun demikian, telaah paradigmatik ini bukanlah satu-satunya, karena melalui tulisan tersebut pembaca diajak untuk secara perlahan-lahan (namun pasti) memasuki “dunia” paradigma critical theory. Oleh karena di antara rentang paradigmatik itu, Turkel sejatinya berpijak pada paradigma post-positivisme.
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Pratiwi, Endang, Theo Negoro, and Hassanain Haykal. "Teori Utilitarianisme Jeremy Bentham: Tujuan Hukum Atau Metode Pengujian Produk Hukum?" Jurnal Konstitusi 19, no. 2 (June 2, 2022): 268. http://dx.doi.org/10.31078/jk1922.
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Utility as a legal purpose has become a belief in Indonesia. In his literature, Bentham implies that utility are the dimension of the calculation of pleasure and pain, which is more appropriate to be used as a method of evaluating laws and regulations, rather than for legal purposes. This study tries to dissect the concept of Bentham's utilitarianism theory, and to find its position in the facet of legal thought. The conclusion of this study explains why utility is not a legal purpose. Utility is part of the calculation variables for evaluating legal product evaluation methods, so as to determine whether legal certainty in a legal product is sustainable or not. Furthermore, Bentham's theory of utilitarianism takes the separability thesis and the reductive thesis, as its standpoint of legal positivism, therefore Bentham's utilitarianism theory is not an independent school of thought, but a facet of legal positivism
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Shuchen Xiang. "Orientalism and Enlightenment Positivism: A Critique of Anglophone Sinology, Comparative Literature, and Philosophy." Pluralist 13, no. 2 (2018): 22. http://dx.doi.org/10.5406/pluralist.13.2.0022.
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Britt, Chester L. "Book Review: Pioneering Perspectives in Criminology: The Literature of 19th Century Criminological Positivism." Criminal Justice Review 26, no. 2 (September 2001): 303–5. http://dx.doi.org/10.1177/073401680102600232.
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Osiński, Dawid. "Krasicki’s positivists and modernists." Masuro-Warmian Bulletin 299, no. 1 (April 6, 2018): 165–200. http://dx.doi.org/10.51974/kmw-134918.
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The author of the article demonstrates the ways of functioning of the biography, intellectual thought and work of Ignacy Krasicki in the literature of the second half of the nineteenth century. References to the literary, ideological and biographical heritage of the poet by positivists and modernists reveal Krasicki’s importance to cul�ture and literature during the second half of the 19th century. The basic goal is to extract from different texts (poet’s biographies, portraits, profiles, studies, synthetic approaches as well as literature - poetry, novels, drama) written by writers, critics and historians of Polish literature, positivism and modernism of modes of references to the shape and heritage of the prince’s poets. The return of positivists and modernists to Krasicki means the possibility of diagnosing one’s own present, and also facilitates defining the identity of culture with its limitations and deficits
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Kamaludin, Kamaludin, and Masruchan Masruchan. "EPISTEMOLOGI KONSTRUKSIONISME SEBAGAI DASAR PENELITIAN SOSIAL." As-Syifa: Journal of Islamic Studies and History 1, no. 1 (January 18, 2022): 97–105. http://dx.doi.org/10.35132/assyifa.v1i1.208.
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Hadith research is research that has a wide range of objects. In addition to focusing on internal aspects related to the text, such as research on matan and narrators, hadith research also includes matters relating to the content of hadith on the dynamic human life with the struggles of other human implementations. In this case, further hadith research reaches aspects related to social research in general which has an epistemology of the basics of acquiring a distinctive knowledge, one of which is the epistemology of constructionism.
This research uses the literature study method which aims to describe how the constructivism epistemology in social research is. The result of this research is that the epistemology of constructionism is a critique or opponent of the positivism paradigm, which is a criticism or opponent of the positivism paradigm which has a transactional relationship pattern (responsible) for the object under study and participatory dialectics (going directly into the reality of society).
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Suleimenov, Ibragim, Aliya Massalimova, Akhat Bakirov, and Oleg Gabrielyan. "Neural Networks and the Philosophy of Dialectical Positivism." MATEC Web of Conferences 214 (2018): 02002. http://dx.doi.org/10.1051/matecconf/201821402002.
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The fact that the theory of neural networks permits the completeness of the concept of global evolutionism has been shown. This concept in the current philosophical literature is seen, inter alia, as an effective platform for interdisciplinary cooperation, the need for which is becoming more acute, which is reflected in the anniversary report of the Club of Rome in the form of the thesis on the “New Enlightenment”. The theory of neural networks allows us to give a consistent interpretation of the category of “complex”, in accordance with which a system of arbitrary nature is treated as “complex” if it is possible to indicate a complementary analog of a neural network. With this interpretation, the evolution of systems of an arbitrary nature can indeed be described in a uniform way. In particular, the philosophical law of transition from quantity to quality can be reduced to a description in terms of information theory (through the description of the evolution of a neural network complementary to a complex system). The main result of the work is a new interpretation of the dialectical philosophy categorical apparatus on the basis of the theory of neural networks.
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Vermeulen, Pieter. "Between Positivism and T. S. Eliot: Imagism and T. E. Hulme." Orbis Litterarum 64, no. 1 (February 2009): 75. http://dx.doi.org/10.1111/j.1600-0730.2008.00942.x.
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Nellhaus, Tobin. "Science, History, Theatre: Theorizing in Two Alternatives to Positivism." Theatre Journal 45, no. 4 (December 1993): 505. http://dx.doi.org/10.2307/3209018.
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Mizerová, Nikola. "‚Wir werden wissen!‘ [...] ‚Ja, aber nicht ganz‘. Zur Vernunftkritik bei Hans Magnus Enzensberger." Acta Facultatis Philosophicae Universitatis Ostraviensis Studia Germanistica, no. 33 (March 2024): 95–106. http://dx.doi.org/10.15452/studiagermanistica.2023.33.0006.
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This interdisciplinary study closes a research gap by demonstrating the influence of Adorno’s critique of logical positivism on Hans Magnus Enzensberger. The main focus is on Enzensberger’s collection ‘The Elixirs of Science’, where Enzensberger circles around the theme of science, which he always combines dialectically with the theme of the limits of knowledge. This article shows that his approach can be assigned to the paradigm of the critique of reason and that he can even be described as a pioneer of this paradigm in German literature.
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Jack, Jordynn. "Chronotopes: Forms of Time in Rhetorical Argument." College English 69, no. 1 (September 1, 2006): 52–73. http://dx.doi.org/10.58680/ce20065832.
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The author examines how chronotopes—a term M. M. Bakhtin used to describe space-time relationships in literature—also characterize rhetorical arguments. She uses a case study of a series of debates about genetically modified foods (GMFs) in Canada to illustrate how chronotopes shape arguments along ideological lines. In particular, she suggests that dominant chronotopes, such as space-time compression or substantial equivalence, are linked with powerful ideologies, such as neoliberal capitalism or scientific positivism, in ways that limit alternative arguments based on sustainability or green politics.
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Sugarman, David. "Fictions of Fact and Value: The Erasure of Logical Positivism in American Literature, 1945–1975." Textual Practice 28, no. 7 (November 10, 2014): 1347–52. http://dx.doi.org/10.1080/0950236x.2014.966618.
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Santiago-Ávila, Francisco J. "Muddled Facts and Values: Positivism, Egoism, and Anthropocentrism in the Anthropocene." Society & Animals 28, no. 4 (September 15, 2020): 420–29. http://dx.doi.org/10.1163/15685306-bja10020.
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Abstract I review biologist Chris D. Thomas’s book (2017) Inheritors of the Earth: How Nature is Thriving in an Age of Extinction and discuss its exposition and prescriptions. Thomas presents a fantastic exposition of the contemporary scientific literature documenting the biological gains mediated by human impacts on the nonhuman world. However, his prescriptions for a conservation ethic leave much to be desired. Thomas employs a philosophically narrow, positivist, and egoist approach to what is relevant when dealing with other sentient, sapient, and often social nonhuman beings. This culminates in an explicitly anthropocentric ethic that dismisses our moral obligations to nonhumans, both as individuals and collectives.