Understanding the Characteristics of Positivism by A. Comte
Characteristics of Positivism by A. Comte
In the nineteenth century, there was a decline in philosophy. Comte’s sublimation of positive science introduced the positivist method, which waives the absolute and considers natural phenomena through strict experimental procedures.
Legal Positivism
Legal positivism reflects the social landscape, a facet of social life, where legal laws are seen as part of social laws. The absolute falls beyond the scope of human intelligence. Comte’s positivism exalted sociology to the top of the ladder of science. In 1844, his work titled Discourse on the Positive Spirit was published.
Division of Comte’s Theory
Comte’s theory is usually divided into two parts:
- Denial of Metaphysics: Comte denies the existence of metaphysics as a science, calling it a chimerical science. He considers the method to be: observe, analyze, classify, recognize, and fix by induction those laws that explain the repeated occurrence of sensible phenomena.
- Thesis Summary: This thesis is summarized in two key laws:
A. Law of the Three States
According to the Discourse on the Positive Spirit, the deployment of the theological state shows concern for the most reachable issues. His successor, the abstract metaphysical state, attempts to explain the intimate nature of beings, the destination, and origin of all things. Instead of using supernatural agents, it personifies entities.
“Metaphysics is no more than a high theory in search of better food.”
In the positive science state, the emancipated rational intelligence surrenders to the knowledge of the absolute. The fundamental rule states that every proposition that cannot be reduced has a real sense or is intelligible.
B. Law of Fixation Among the Sciences
The order of the sciences is as follows:
- Mathematics
- Astronomy
- Physics
- Chemistry
- Biology
- Sociology (the last and most perfect science, its existence implies and requires the existence of others)
Distinction Between Law and Morality
By raising the distinction between moral and legal issues, we see that ethics is a theme that runs through the relationship between law and morality. In classical antiquity, Plato and Aristotle emphasized the connection between the ethical and legal.
In Roman legal philosophy, the sorting of Praecepta Iuris (honeste vivere, alterum non laedere, suum cuique tribuere) is highlighted. To find the distinction between law and morality, we must reach the rationalism of Protestant natural law (where man is handed faith and moral law).
Hugo Grotius’ De Jure Belli ac Pacis unties natural right from God, distinguishing between a perfect right (what is) and an imperfect one (moral law). Pufendorf, in De Jure Naturae et Gentium, develops Grotius’ theory and supports two immunities:
- Internal (regulated by morality)
- External (regulated by law)
Tomasio, in Basis Iuris Naturae et Gentium, discusses three concepts: iustum (right), decorum (social practices), and honestum (moral). This brings us to Kantian thought, where in his Metaphysics of Custom, he dedicates the first part to law and legal duties.
Legislation may be:
- Internal (the categorical imperative of reason itself)
- External (decisions of authority to order all)
- Moral (legislation that makes an action a duty)
- Legal (allows other reasons than the duty itself)
Morality of coercion: ethics of practical reason in accordance with reason. Law: illegal/legal.