Essays on Positivism

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Legal Positivism Under the direction of legal positivism understood in law, which advocates limited jurisprudence the task of studying the law in force with the formal dogmatic positions. The emergence of legal positivism refers to the first third of the XIX century and it was associated with the processes of approval of industrial capitalism in Western Europe. A crucial role is played by the processes of formation in the most developed countries of the national market, demanded the elimination of the vestiges of medieval particularism, expanding the scope of legal regulation of public relations and the establishment of a ...

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Introduction

In the early part of the 1950’s, in what has now become the “Simon-Waldo debates,” began to be published in The American Political Science Review. Starting as a reference in Waldo’s “Development of Theory of Democratic Administration” work that was released in March 1952, the high profile debates was anchored on Waldo’s doubts on the concern of “logical positivism” and the response of Herbert Simon in the succeeding June issue of the Review. As newcomers to the discipline and both in their early 30s, Waldo and Simon discussed the issues of democracy, efficiency, and principles, ...

Worldviews The ultimate impact of the different worldviews on nursing practice is that they create some form of diversity in the ability for nurses to deliver on their expected health care services. Leininger (2002) argues that health care service delivery has experienced a major challenge due to some form of disconnect between the options presented by nurses when compared to the expectations of views presented by individual patients. In most cases, nurses encounter a situation where the quality of services that they offer does not match the set of views presented by their patients, thus, creating the need for ...

The philosophical basis for the humanistic approach was phenomenology. According to this philosophical perspective, subjective perceptions, feelings, cognitions, experience are more important than objective facts. For example, two people can see the same movie but every person will have a unique subjective perception of this movie. Therefore, humanistic psychologists also believed that every person`s experience is unique and that an individual`s psychology cannot be studied by objective, scientific method such as tests. Also, because of phenomenological ideas humanists believe that one of the main tasks of a therapy is to explore the subjective experiences of a client ( ...

It is worth mentioning that law has several philosophical roots. In fact, several philosophers came up with different points of view concerning the law, mostly international law and common law. Primarily, these people were influential in that they changed the legal landscape at that particular time. The philosophers were trying to create clear distinctions between the systems of norms that govern the people from the ethical practices, which were considered to be the law. In essence, four basic philosophies of law were instrumental in shaping the legal scene and events up to the twentieth century. The four views include ...

Implementing Cost Cutting in the Oil Industry

Abstract In the modern day, organizations across different industries across the globe are implementing new strategies focused towards enhancing the profitability. Cost cutting is one of the major strategies adopted by companies to enhance their profitability. In the oil and gas industry companies have been pursuing different cost cutting strategies aimed at enhancing their profitability an issue that has been of primary concern. Various strategies have been proposed towards enhancing cost cutting strategies and these include automation that facilitate a throughout system, heightened regulatory measures compliance, technical support and solutions as well as maximizing modularity and replicability. These are ...

Introduction

Natural law theory and positivism are two approaches to thinking that differ in the basic legal principles and rules on the treatment of law. Principles and rules influence English jurisprudence and the administration of justice through the attitudes, perspectives, approaches, decisions and pronouncements of judges and jurists. Natural law theory and positivism dominate respective areas of English jurisprudence and adjudication process, but these approaches may also simultaneously exert influence to raise issues and cause developments in other areas.

Influence of Natural Law Theory

Natural law is “the order of the dynamic tendencies that are proper to man as a rational being”. The rule of ...

Difference between Positivism and Interpretivism

Positivisms refers to the philosophical means of gauging the validity of information right from its observed evidence. Under this system, the aspects of knowledge got from non-scientific means, for instance the metaphysic evidence would be regarded as invalid. Thus, positivism aims at understanding a social establishment through observing known facts. On the other hand, interpretivism focuses on understanding through experience. Thus, this includes understanding the meaning of an action or actions in a social context through things like paying attention on a unique point of view. In this respect, interpretivists disagree with positivists that human behaviors can be explained ...

Difference between Positivism and Interpretivism

Positivism Positivism is recognized as philosophical theory that explains the association of knowledge with natural phenomenon and their characteristics. The term positivism is also termed as “scientific” approach that includes highly systemized and measureable methods that are dependent on the approaches used by the scientists in their research works .

Interpretivism

In contrast, interpretive is a method used in social science that is completely based on the assembling of qualitative data in which various techniques including observation of participants and interviews are utilized to gather the useful data and information. It is believed by the interpritivist that effective research is the ...

Since the beginning of time people used to have various views and standards for the way that everything around them should be. Throughout the history there existed many examples of the expression of ideas contradictory to the norm and all terrible consequences of such actions. Thomas Kuhn in his book, The Structure of Scientific Revolutions, made an attempt to describe the possible apprehension to change. It was mainly focused on the scientific world and the historic nature of the educational research. Any research was considered to be grounded upon one or more scientific achievements that had to be certainly ...

Introduction

The child welfare organizations are objectified on assessing the prevalence of child abuse among the referred cases in order to prevent the occurrence of future abuse among the children who are identified at a high risk of neglect and abuse. The child welfare authorities are also focused on determining the prevalence of assessing the consequent neglect among the children with the history of being abused (Enosh & Bayer-Topilsky, 2014). The assessment by child welfare organizations are incorporated by the risk assessment tools in which the explicit criteria and undeviating approaches are used to derive the results. These results are derived ...

1.0 Chapter 1 Introduction 1.1 Background and Rationale of the Research The industry of construction is not only a key player in the national economic growth; but also a crucial sector affecting the economic and social welfare of citizenry, particularly in its primary function in providing reliable and decent shelter. It is viewed as one of the most essential sector to highly contribute to the growth of an entire economy at the provincial, national and international levels (Artto & Kujala, 2008). In the recent years, cost modelling and estimation for construction projects have attracted major attention of several research scholars. ...

Law and Mortalilty

Introduction The question whether law and morality are connected has been subject to various antagonistic philosophical arguments. Further, the line distinguishing the two is blurred, this has led the mushrooming of various schools of thought that seek to demystify the principles that delimit the two abstract concepts. Morality can be said to be a set of norms that a society deems acceptable.

Secular Natural Law

Lone Fuller puts forth arguments in support of secular natural law. By illustrative analogies he depicts a situation where a single legislative authority acts as the primary legislative authority by whose laws the society abides. The natural ...

Introduction

Legal Positivist Theory is a school of thought that states that the law of the nation is one which is created by the members of the society or their representatives and is always determined by the factors surrounding the society rather than its merits and demerits. This theory was developed by Jeremy Bentham and which was later adopted and enhanced by John Austin, which provided that the law is always a set of commands where the ruled in the society are required to adhere to it effectively and religiously. However the major question that brought varying thoughts amongst the ...

Visitors’ Perception on Westminster London as a Sustainable, Responsible, and Environmental Friendly Destination

Referencesp.41 List of Figures Figure 1. Findings from the questionnaires Figure 2. Finding for three sections of sustainability, responsibility and environmental friendliness Figure 1.1. Sustainability Figure 1.2. Responsibility Figure 1.3. Environmental friendliness Abstract Sustainable tourism is one of the rising trends in the tourism industry. More and more stakeholder groups are starting to realize the importance of their assets. One of the best ways to preserve tourist destinations (i.e. the assets) is to promote sustainable, responsible, and environmental friendly tourism management. Unfortunately, engaging in those kinds of practices and operations can be costly. Most tourism industry firms are still ...

Introduction

The current study entails the determination of the constituents of a high self-esteem in young children. The methodology chapter details the approach of the researcher into answering this question. This section presents information on the paradigmatic choices of the researcher. The chapter will also outline the ontological and epistemological positions on which the study is based. The section will also outline the research design to be used and a description of the participants and their location. The methodology chapter will also highlight the materials that the researcher will use, the procedure through which the study will be performed, the ...

International law represents a complex concept, which requires careful attention. Various views provide various definitions of international law, and all of them can include the point that it represents a set of rules that the States bound to observe (Kaczorowska, 2015, p. 1). The topic of individuals within international law and their status is quite controversial, and it has changed throughout the history. Different positions explain the issue of the individuals as subjects to international law from different sides. This problem has gone through rejections and affirmations many times, and it has been under discussion for almost as long ...