分析实证主义法学派(国外英文资料).docVIP

分析实证主义法学派(国外英文资料) Analytical positivist school of law I. what is an analytical positivism? Positivism, as an ideological method and cognitive method, can be traced back to the early stages of the history of human thought and cognition. The general characteristics of this method of thinking and cognition are to study what really exists, and to pursue knowledge that exists. On the question of value, positivism insists on the value neutrality and denies the existence of a priori idea. Generally speaking, the basic idea of analytical positivist jurisprudence is: strictly separate is actually such a law and law as it ought to be; emphasizes the analysis of legal concepts; rely on logical reasoning to determine the applicable law; and to deny the inevitable relation between law and morality. By 19th Century and 20th Century, positivism was pioneered by the French philosopher comte. The main source of this philosophy is the skepticism and agnosticism of the English philosopher Hume. Comte will materialism and idealism are called metaphysics, that his philosophy is metaphysics on it, with the empirical facts, with the subjective feeling as the foundation, that people can only understand things but can not touch the essence of the phenomenon, denying the objective world and the existence of objective laws. Positivism is divided into empirical positivism and logical positivism. The characteristic of empirical positivism is that it can generalize or test propositions and concepts with the facts that can be observed and described. The main methods of empirical positivism include social investigation, statistics and quantitative analysis, historical investigation and so on. Logical positivism is based on sensory experience and tests and deduces concepts and propositions in the form of logical operations. Two, analyze the background of positivist jurisprudence As a theoretical form and genre of legal philosophy, analytic positivist jurisprudence was formed in the first half of th