Understanding Positivism and Its Historical Context
Positivism and Its Historical Context
Compte: decay, positive science, the method defines the positivism (1798-1857) with no metaphysics. The law of the three states (theological, metaphysical, positive rational) establishes a law of filiation between the sciences.
Specialties of Sociology
- Variability registered in fact
- Weighted extralegal elements in their dynamic impact
- Actual effectiveness of their mandates
Historical Approach
Historis: approach to the past, disinterested (I remember) and interested (interpretation of past events). Philosophy of Hegel’s universal history, real interest, and volitional intentionality.
Romanticism vs. Abstract Rational Conception
In the 19th century, romanticism emerged as a counter to the abstract rational conception of natural law. Positivism despised Pandectists and the jurisprudence of concepts. The German historical school broke moral and legal aspects.
Key Figures
- Gustav Hugo
- Thibaut
- Goytisolo (system boots from the outset and transcends)
- Grotius, Hobbes, Rousseau (free by nature, general will)
- Kant, Bentham (utilitarian)
- Kensel, Hart (recognition, sovereign order)
Constructivist Characteristics
Rawls and Dawkins (not moral-legal principles of content material, ethical-formal). Rawls (1921) discusses the distribution of fundamental freedoms like the right to property, favoring the lucky.
Judicial History of Córdoba
Aljoxami: history judges Córdoba, Umayyad emirate, judicial events (royal house, curia of judges, and popular file Córdoba). Oral introduction of the sovereign judge, judges (consultation, a citizen + ministers + prestige).
Judicial Practices
- Mohamed Ben Baxir, counselors, prayer at the Great Mosque, solemn services
- Oral summons (documentaries or testimony)
- Clerk, and reading Koran, Sunna, power
The Feeling of Home
Sevilla 1484, Spanish Dominican friar, of royal Protestant:
- Natural rational freedom of man and slavery; inherent rights for all; slavery as an accidental phenomenon.
- Political freedom and the source of power; all original peoples and free things but coercion; authority of the people, popular sovereignty.
- Limits of power and justification of power by appealing to the common good; final cause and the sovereignty of the law to rectify societal defects.
Seneca and His Influence
Seneca: Córdoba, Americo Castro Hispanicized not the Senecas. The Spanish joined the three breeds present in the Islamic stage. Zambrano (philosophy of Stoicism, bitter medicine, softened reason, man’s daily reason, logos, humble life, and wisdom ripe for death).
Contributions to the Republic
Resignation contributes to the proper conduct of the young republic to advise and guide the good, wise (under the leniency of the criminal, showing compassion, despite criminal law).
Mercado: Sevilla 1530
Second scholastic, Dominican theologian, summa treaty for traders and dealers. Six books of moral economy, Aristotelian-Thomistic philosophical approach (Man is a part of this whole by God; God is the reason and law of the church).
Natural Law and Justice
Discover natural law punishing businesses with commutative justice (all the same extent), no gain, limit price of things, and usury.