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Positivist legal realism allows legal scholars to study the law objectively, focusing on how laws are actually applied rather than how they should be. This approach helps in understanding the practical impact of laws on society and how they are enforced in reality. It can also provide insights into the relationship between law and social structures.

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What are the key differences between anti-realism and realism in philosophy?

The key difference between anti-realism and realism in philosophy is their stance on the existence of objective reality. Realism believes in the existence of an objective reality independent of human perception, while anti-realism argues that reality is either subjective or constructed by human minds.


What are the main differences between realism and anti-realism in philosophy?

Realism in philosophy holds that there is an objective reality that exists independently of our perceptions or beliefs, while anti-realism argues that reality is either subjective or constructed by human minds. Realism asserts that truth is objective and can be discovered, while anti-realism suggests that truth is relative or dependent on individual perspectives.


What is positivist thinking?

Positivist thinking refers to a philosophical approach that emphasizes empirical evidence and scientific methods as the most reliable sources of knowledge. It seeks to understand the world through observation, experimentation, and measurement, and often rejects metaphysical or subjective explanations in favor of objectivity and verifiability.


What is post positivist research?

Post-positivist research is a theoretical approach to research that challenges the strict empiricism and objectivity of positivism. It acknowledges that researchers cannot be completely objective and that facts are influenced by the researcher's perspective and context. Post-positivism allows for a more flexible and interpretive approach to understanding phenomena.


What are the key differences between realism and non-realism in art and literature?

Realism in art and literature aims to depict things as they are in reality, focusing on accurate representation and detail. Non-realism, on the other hand, involves abstract or imaginative elements that may not directly reflect reality.

Related Questions

What are the schools of thought in law?

There are several different schools of thought in the study of law and legal processes. These include natural law, positivist law and legal realism.


what are the different school of thoughts of law?

There are several different schools of thought in the study of law and legal processes. These include natural law, positivist law and legal realism.


What are the schools of thought about justice?

There are several different schools of thought in the study of law and legal processes. These include natural law, positivist law and legal realism.


Advantages and disadvantages of positivism and interpretivism?

main advantage of a positivist


When was Positivist calendar created?

Positivist calendar was created in 1849.


Name the five main assumptions of the positivist school of thought?

1. realism 2. objectivity 3. empirical observations 4. control over research environment 5. absolute proof is unattainable


What would a legal positivist have to say about the dudley and stephen's case and why would they say it?

A legal positivist would argue that the decision in the Dudley and Stephens case was correct because it upheld the law as it existed at the time, which prohibited murder. They would emphasize that the principle of legality requires judges to apply the law as it is written, regardless of the moral implications in individual cases.


Is Post-positivist qualitative or quantitative research?

Qualitative research is generally based on different paradigms (pozitivist, post-pozitivist, constructivist etc.) but Quantitative research is generally based on pozitivism (or newer version of it is post -pozitivizm, for example critical realism).


What are the three major theories of law?

The three major theories of law are natural law theory, legal positivism, and legal realism. Natural law theory posits that law is derived from universal moral principles. Legal positivism suggests that law is based on society's rules and conventions. Legal realism emphasizes the role of judges in shaping the law based on practical considerations.


What is the eight theories of law?

Natural law theory asserts that laws derive from universal moral principles. Positivist theory suggests that laws are created and enforced by authority figures. Legal realism focuses on the practical effects of law in shaping society. Historical theory examines how laws develop over time within a specific cultural context. Sociological jurisprudence emphasizes the relationship between law and society. Critical legal studies challenges traditional legal norms and institutions. Feminist theory explores how law intersects with gender and power dynamics. Law and economics examines legal rules through the lens of economic efficiency.


What basic principles did the Positivist school of Criminology embrace?

Ultimately, positivist criminology sought to identify other causes of criminal behavior beyond choice. The basic premises of positivism are measurement, objectivity, and causality. Early positivist theories speculated that there were criminals and non-criminals


What is the meaning of positivist?

A believer in positivism., Relating to positivism.