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Positive economics focuses on the description, quantification and explanation of economic phenomena, [1] while normative economics discusses prescriptions for what actions individuals or societies should or should not take. [2] The positive-normative distinction is related to the subjective-objective and fact-value distinctions in philosophy. [3]
Many researchers in science, law, and philosophy try to restrict the use of the term "normative" to the evaluative sense and refer to the description of behavior and outcomes as positive, descriptive, predictive, or empirical. [1] [2] Normative has specialized meanings in different academic disciplines such as philosophy, social sciences, and ...
Thomas Aquinas conflated man-made law (lex humana) and positive law (lex posita or ius positivum). [3] [4] [5] However, there is a subtle distinction between them.Whereas human-made law regards law from the position of its origins (i.e. who it was that posited it), positive law regards law from the position of its legitimacy.
Methodological legal positivism is a value-free, scientific approach to the study of law and, at the same time, is a way of conceiving the object of legal knowledge. It is characterised by a sharp distinction between real law and ideal law (or "law as fact" and "law as value", "law as it is" and "law as it should be") and by the conviction that ...
This rendered all facts about human action examinable under a normative framework defined by cardinal virtues and capital vices. "Fact" in this sense was not value-free, and the fact-value distinction was an alien concept. The decline of Aristotelianism in the 16th century set the framework in which those theories of knowledge could be revised. [6]
Comte's stages were (1) the theological, (2) the metaphysical, and (3) the positive. [14] The theological phase of man was based on whole-hearted belief in all things with reference to God. God, Comte says, had reigned supreme over human existence pre-Enlightenment. Humanity's place in society was governed by its association with the divine ...
An example that highlights the differences between positive legal theory and normative legal theory is presented through a comparison of their approaches to tort law. Whilst positive theory seeks to explain what causal forces have produced the existing tort principles, normative theory determines what rules of tort liability would be the most ...
Nonetheless, the possibility of a clear distinction between positive and normative analysis has been questioned by Guido Calabresi who, in his book on "The future of Law and Economics" (2016: 21-22), believes that there is an "actual - and unavoidable - existence of value judgments underlying much economic analysis" [13]