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2008 - The Law and Society Association Words: 240 words || 
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1. Hardy, Hugo. "Legal Positivism in Quest of Itself: The Sense and Foundation of Positivism in Jurisprudence" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada, May 27, 2008 <Not Available>. 2019-11-14 <http://citation.allacademic.com/meta/p236665_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The sociologist who tries to understand the origins of legal positivism (LP) soon stumble over a major problem: the considerable confusion around the very definition of LP. Most of the authors agree to describe LP as a tradition that goes, roughly, from Jeremy Bentham to Herbert L. A. Hart, and to define it by the “separation thesis”. But while some authors are gradually enlarging the definition of the separation thesis in order to make it more consistent with some critiques, thus losing the founding moment of LP in the dawn of legal thought itself, some others are questioning the adherence of no less than Bentham himself, the founding father, to LP.

So what is LP actually about, and who founded it?

Part of the answer, as I came to realize in the course of my own investigations, lies in the origin of the term “legal positivism” itself. But the answer we find is an unexpected one. In this paper, I shall demonstrate (1) that our current conception of LP does not date back further than 1940; (2) that all the confusion about LP’s definition follows from the ambiguity of the 1940 initial definition; (3) that Bentham’s place within LP is, indeed, questionable; and (4) that our conception of LP as a tradition needs a radical revision. This presentation is meant to contribute to a better understanding of both the issues related to the definition of LP and the sociological origins of LP.

2012 - The Law and Society Association Words: 123 words || 
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2. Burton, Mark. "Democratic Positivism and Tax Expenditure Management: A Wintry Antipodean Critique of Positivism's Limitations" Paper presented at the annual meeting of the The Law and Society Association, Hilton Hawaiian Village Resort, Honolulu, HI, Jun 03, 2012 <Not Available>. 2019-11-14 <http://citation.allacademic.com/meta/p560077_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: In this presentation I want to draw several philosophical/tax policy threads together by exploring the tension between philosophical monism and pluralism in the context of ‘democratic’ tax expenditure management. A discussion of the weaknesses of several monist approaches to the concept of tax expenditures, and also to the management of tax expenditures, will (I hope) serve as the portal from which we can explore the challenges confronting tax expenditure management advocates (amongst whom I count myself). To focus this wide ranging paper, I will present a reflective critique of the philosophical monism developed by ‘democratic positivists’ such as Jeremy Waldron and Jeffrey Goldsworthy, who make the proceduralist claim that a thin concept of democratic accountability validates enacted law (and therefore enacted tax expenditures).

2013 - ASC Annual Meeting Words: 108 words || 
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3. Fischer, Michael. "Positivism, Post Positivism, Post Modernism: How Accurate is our Criminal Justice Research?" Paper presented at the annual meeting of the ASC Annual Meeting, Palmer House Hilton, Chicago, IL, Nov 19, 2013 <Not Available>. 2019-11-14 <http://citation.allacademic.com/meta/p657441_index.html>
Publication Type: Poster
Review Method: Peer Reviewed
Abstract: This poster describes problems found in a great deal of research in criminal justice such as faulty inference, unjustified extrapolation, random samples that are not random, limited number of observations, limited number of variables observed, lack of clear operational variables, measurement validity, and the ecological fallacy. The practical skeptic, the concerned criminologist, and informed public may view with concern the presumption of causality that seems to grow with the more elaborate quantitative methods employed. Logistic regression and Propensity Score Matching add to our knowledge, but systemic problems such as missing data and the lack of fair use of statistics can lead to faulty conclusions and policy.

2002 - American Political Science Association Pages: 35 pages || Words: 10800 words || 
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4. Carey, Henry. "The Interpretation and Enforcement of Human Rights in a World of Politics: Positivism, Naturalism, Relationalism, and Skepticism" Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts, Aug 28, 2002 <Not Available>. 2019-11-14 <http://citation.allacademic.com/meta/p66426_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Instead of debating universality and relativism, which appears to be a Hobson's choice, philosophical debates on human rights should engage four interpretive frameworks for the methodology of human rights sources and applications: positivism, naturalism, relationalism and skepticism. These paper reviews the four approache. Positivism underscores state consent. Naturalism values just results. Relationalism uses intuition and pragmatism. Skepticism debunks all of the other three and presumes few answers other than to assume that human rights action is an entirely separate analysis in order to promote human dignity in a world of contradictions and hypocrisies.The difficulty of applying naturalism, positivism and relationalism is that all can be critiqued on the basis of some statute (typically positivism), principle (usually naturalism), or feasibility (relationalism). The author concludes that some application of relationalism to positivism and naturalism would promote universal human rights protection. In particular relationalists would look beyond the propaganda of states and companies, rooted in small lies and hegemonic or hierarchal dominance. The use of relationalism can run against group particularity in pursuit of real universality, in the need for security and welfare for average people.

2005 - The Midwest Political Science Association Pages: 48 pages || Words: 15891 words || 
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5. Johnson, James. "Consequences of Positivism: A Pragmatist Assessment" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois, Apr 07, 2005 <Not Available>. 2019-11-14 <http://citation.allacademic.com/meta/p85778_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: I argue that positivism has had baleful practical consequences for research in the discipline and debates over how that research is assessed. My aim is to identify those consequences as a first step toward figuring out how we might rectify them.

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