Hart’s Legal Positivism: Internal vs. External Statements
1.2. The Conception of Legal Science: Hart’s Internal versus External SetThere are two models of normative positivism; this is the second, the conception of legal science from Hart. This is a critique of analytical jurisprudence by J. Austin. Analytical jurisprudence focuses on the analysis of language to understand reality and, for Hart, to understand the law.
Hart is a normativist, as is Kelsen. Law is rules; standards are a direct use of language, seeking to control the conduct of those addressed.
Descartes’ Methodical Doubt and Cogito Ergo Sum
Descartes: Methodical Doubt and Cogito Ergo Sum. The structure of the Cartesian metaphysical system (the root of the tree of science) corresponds to the division of reality into three substances:
- The self, or substance pensante
- God, or the perfect and infinite substance
- The world, or the substance extensa
Descartes built this system from the application of methodical doubt and found the “Cogito ergo sum.” Let’s see how he did it:
Descartes was convinced that a sure method existed and practiced it to
Read MoreThe Enlightenment and the Social Contract
The Enlightenment
Enlightenment Man
Enlightenment man becomes not only the fundamental reality of the universe, but also fundamental to society, conceived as an aggregate of distinct individuals united by a contract. This forms the basis of new political theory.
Autonomy of Reason
Reason is sufficient in and of itself. It requires confidence and the decision to use it independently, with no limits other than those given by nature.
Criticality of Reason
Enlightened reason is self-critical. It challenges
Read MoreKant’s Theory of Knowledge: Exploring Sensibility, Understanding, and Reason
Kant’s Theory of Knowledge
1. Introduction: Sensibility, Understanding, and Reason
Immanuel Kant’s theory of knowledge builds upon the classical distinction between sensible and intellectual knowledge. He posits two distinct capacities: sensibility, the passive ability to receive representations of objects through intuition, and understanding, the active ability to think about these objects based on sensible intuitions. Kant introduces a third faculty, reason, and structures his Critique of Pure
Read MoreCritique of Pure Reason and Moral Philosophy
Critique of Pure Reason
2.1 The Problem of Metaphysics
Critique of Pure Reason deals with knowledge and theoretical philosophy. The problem of unquestioned metaphysics arises against the possibility of sciences. Reason appears indifferent to the objects of these themes. Kant observes a natural tendency of reason to question itself. The key point is the validity of unquestioned science. It is a fact, but how is it possible after unknowingly engaging with metaphysics?
2.2 Kantian Conception of Knowledge
2.
Read MorePlato’s Philosophy: Ideas, Dualism, and Knowledge
The Idea of Beauty and the Soul-Body Dualism
Plato’s philosophy centers around the concept of “The Beautiful in itself,” representing the Idea of Beauty. This Idea isn’t a mere abstraction but exists independently and separately from imperfect, tangible things. Plato’s dualistic view extends to the body and soul. The body, visible and corruptible, contrasts with the invisible, incorruptible soul, accessible only through rational insight. The “visible,” perceived by the senses, is ever-changing.
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