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Positivist theory
In this essay I will apply the positivist theory to the R. v. Williams [1998]1 S.C.R. 1128 case. Theory is the frame work that determines and defines the state of affairs within which certain phenomena will be analyzed, criticized and synthesized. This frame work functions as a paradigm that determines the set of legitimate questions to be asked and signifies the direction towards probable answers to these questions.
Positivism is defined by The Oxford Reference Dictionary as “the theory that laws are to be understood as social rules, valid because they are enacted by ‘the sovereign’ or derive logically from the existing decisions, and that ideal or moral considerations (e.g., that rule is unjust) should limit the scope or operation of the law.”...
In this essay I will apply the positivist theory to the R. v. Williams [1998]1 S.C.R. 1128 case. Theory is the frame work that determines and defines the state of affairs within which certain phenomena will be analyzed, criticized and synthesized. This frame work functions as a paradigm that determines the set of legitimate questions to be asked and signifies the direction towards probable answers to these questions.
Positivism is defined by The Oxford Reference Dictionary as “the theory that laws are to be understood as social rules, valid because they are enacted by ‘the sovereign’ or derive logically from the existing decisions, and that ideal or moral considerations (e.g., that rule is unjust) should limit the scope or operation of the law.”...
Posted by: Alyscia Yellowman
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