CHICAGO PUBLIC LAW AND LEGAL THEORY WORKING PAPER NO. 21 ABOVE THE LAW: RESEARCH METHODS‚ ETHICS AND THE LAW OF PRIVILEGE Geoffrey R. Stone THE LAW SCHOOL THE UNIVERSITY OF CHICAGO This paper can be downloaded without charge at: The Social Science Research Network Electronic Paper Collection: http://papers.ssrn.com/paper.taf?abstract_id=XXXXXX Above the Law: Research Methods‚ Ethics and the Law of Privilege Geoffrey R. Stone* In Anticipating Law‚ Palys and Lowman set forth the
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Classicalism vs. Positivism What is crime? What makes people commit crimes and how can we stop it? These‚ and many other questions similar to these‚ are asked by criminologists everyday. Criminology is an ever growing field‚ mainly because there is more and more research occurring and new theories linking people and crime coming out everyday. Below the main field of criminology there are many subfields that have different theories and philosophies on what they believe link criminal behavior
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weakness of Dworkin’s theory of law as compared to a positivist or natural law perspective?” Discuss. Arguably one of the most influential legal theorists of the 20th century‚ Ronald Dworkin’s dealings with law’s interpretation and integrity has lead to inevitable contradictions with that of positivist ideology‚ with his work essentially revitalising a method of thinking that had long been considered dead and buried. Perhaps most notoriously‚ Dworkin combated the positivist theory of his former teacher
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The legal issue is whether or not George is liable for Adam’s injury due to the attractive nuisance doctrine. The attractive nuisance doctrine states that possessors of property can be responsible for injury to children if 1) The defendant was the possessor of and knew there was an artificial condition around which children were likely to trespass; 2) The defendant knew or should have known the condition posed an unreasonable risk of death or serious bodily harm;
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organism and no less complicated than it” (Wittgenstein). But first‚ we must have an understanding of what logical positivism is and what this school of philosophy believes. Logical positivists’ view is solely based on something called verification and meaning. To understand what verification and meaning is‚ there are two other very vital elements in understanding logical positivism: tautologies and empirical statements. Tautologies are statements that are known to be true through logical analysis
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history‚ many criminological theories have been put forth to explain the development of crime‚ resulting in various modern theories which incorporate the individual‚ social‚ structural and cultural reasons for crime. However‚ one of the first theories of crime advanced‚ was the concept of biological positivism. Although this theory has gone in and out of favour over the course of history‚ it should be completely disregarded by criminologists as it is a deeply flawed theory which has little scientific
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Natural Law can be traced back into the Ancient Greek and Roman worlds. In Sophocles’ play ’Antigone’‚ Natural Law is very apparent throughout and the writings of the Greek Philosopher; Aristotle. In his works - ’Nicomachean Ethics’ - he wrote; "The natural is that which is everywhere‚ is equally valid‚ and depends not upon being or not being received...that which is natural is unchangeable‚ and has the same power everywhere.’ The Ancient Stoics emphasised the importance of Logos‚ or rationality
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strengths of natural law Natural law is a deontological argument and is an absolutist theory. It holds the belief that there is a innate law within us and gives humans a purpose in life - to be in union with God. Thomas Aquinas believe that all humans have a God given law that has the potential to be channeled by anyone. It is based on the fact there are real and apparent goods ‚ which means that although you may think your doing the right thing ‚ you may just be doing an apparent good. Natural law provides
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The post-positivism worldview represents a form of scientific thinking that challenges the idea there is an absolute truth of knowledge. Post-positivist believes that when you are dealing with human behavior and actions nothing is absolute. Post-positivist holds the belief that causes significantly affect the effects. The researcher spends their time trying to find and analyze the causes that may have bearing on the outcomes. In order to conduct this research‚ they employ the scientific method
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Outline the difference between positivism and phenomenologism. Positivists believe that there is objective truth that can be discovered through the methodical and careful application of deductive scientific methods. They believe that the world is made up of observable cause and effect situations that are external and not influenced by human consciousness. They emphasize the importance of objectivity‚ arguing that it can best be achieved if the researcher maintain social distance from the subjects
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