Post Positivism.
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Beschreibung
Post-positivism presents a materialist, holist, monist, cognitivist theory of law and justice. It argues that positivism and natural law are complementary and that the normative syllogism can be logically valid if its implicit presumptions are rendered explicit and its normative statements are recast as logical conditionals. Laws are logical conditionals. Logic has two branches, theoretical rationality and practical reasoning. Binary logic is inadequate to accurately describe law as seen in several logical paradoxes that are avoided by using multivariate logic.
Post-positivism presents a materialist, holist, monist, cognitivist theory of law and justice. It argues that positivism and natural law are complementary, not conflicting, and that normative inference (is-to-ought) can be a valid form of logical reasoning. These are two key breaks from 20th Century legal theory, which wrongly assumed that normative inferencing was logically flawed and consequently that positivism and natural law were logically contradictory. David Hume never rejected normative inferencing. Hume's counsel was that whoever wishes to make a normative inference must express their implicit premises. Normative propositions can be recast as logical conditionals and thus be used as premises of syllogisms. Laws are best understood as logical conditionals (if-then statements). Logic consists of two branches, theoretical rationality and practical reasoning. The inadequacy of binary logic to accurately describe law is seen in several logical paradoxes about law, which can be avoided by multivariate logic.
Autor*in
Eric Engle
Themen in »Post Positivism.«
Legal Theory Philosophy of Law Legal Logic Rechtsthorie Rechtslehre Rechtslogik