JUST401 Lecture Notes - Lecture 1: Positivism, Due Date
Document Summary
Looks to the natural sciences of the model creating theories and hypotheses, and later subjected to empirical verification. Looks to the humanities including philosophy, history, and literature, for its model. When the accused person is tested in situation of life and death in order to figure out if they are innocent and guilty. Autonomous is that something must be understood on its own terms while being detached from social context. Homologous is correspond in origin and structure, it cannot be understood separate from each other. This means that there is too many laws in place to be able to govern efficiently. When a large number of plaintiffs are joined in legal action. Litigation is the pursuit of a goal by using the courts. There is a very high level of consensus that either agrees with the law, or is against it. Another problem is that society is very divided by it.