The Legacy of Positivism in the Autonomy of Law
As I discussed in Chapter 2, some of the ideas of science that Comte developed into the positivist scheme ultimately derived from the context of juridical laws. But it has generally been supposed that once positivism derived its ideas from juridical laws, it developed them in the context of the human sciences without much relevance to the juridical context. Specifically, it has been supposed that the development of positivism by Comte, and later through such figures as Littré and Mill, had relatively little influence on thought concerning juridical laws - that is, on legal reasoning, legal philosophy or jurisprudence. Some connection has been acknowledged between positivism and the doctrines known as legal positivism, but only as a tenuous association of general ideas.1
KeywordsHuman Science Moral Sentiment Positivist Scheme Legal Philosophy Legal Positivism
Unable to display preview. Download preview PDF.