Positivism

From The Jolly Contrarian
Revision as of 11:19, 22 July 2023 by Amwelladmin (talk | contribs) (Created page with "{{a|cosmology|{{image|Elephants and turtle|jpg|Who put down that first turtle? }} }}{{quote|Postivism means never having to say you’re sorry.}}{{dpn|/ˈpɒzətɪvɪzᵊm/|n|}} A theory that laws derive their validity from the simple fact of their enactment by a competent authority or logical derivation from existing decisions, rather than from any any abstract underlying principles of justice or morality. Laws are laws because they are posited, that is to say. The com...")
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to navigation Jump to search
Financial cosmology
The JC’s guide to theoretical physics in the markets.™
Who put down that first turtle?
Index: Click to expand:
Tell me more
Sign up for our newsletter — or just get in touch: for ½ a weekly 🍺 you get to consult JC. Ask about it here.

Postivism means never having to say you’re sorry.

Positivism
/ˈpɒzətɪvɪzᵊm/ (n.)

A theory that laws derive their validity from the simple fact of their enactment by a competent authority or logical derivation from existing decisions, rather than from any any abstract underlying principles of justice or morality. Laws are laws because they are posited, that is to say.

The common law presents the dilemma because it purports to be positive in this sense — common law courts cannot make up their own rules, but can only reason by reference to precedent — while this leaves them with a stonking great elephant in the room. Four elephants, in fact: and an infinite stack of turtles.

The JC harbours the view, argued here, that lawyers are naturally drawn to positivism, because it offers a way of of never having to take responsibility for anything that do, whilst still being able to charge handsomely for it. This also means they are most unlikely to volunteer to change anything for the better because — why would you?

See also