Positive Theory Research Articles

Theory of Natural Law and Legal Positivism: A Comparative Review of Islamic Law and Conventional Law

This article analyzes the law's pattern and debate between the theory of natural law, positivism, Islamic law, and customary law associated with the construction of its source and hierarchy. Second, the comparative perspective between Islamic Law and Conventional Law uses The Theory of Natural Law and the Positivism Theory of Law as fundamental analysis. The study used a comparative approach to know the synthetic elements of the four regular patterns. The results of this study show that, first, the Theory of Law of nature has a substantial relevance with Islamic law in aspects of its highest source, legal relationship with morals, and recognition to ratio. Legal positivism develops regulations with empirical approaches and scientific methods. Still, this idea ignores the metaphysical aspects, moral aspects, and aspects of justice in law. Customary law is a modern legal theory that substantially has a logical connection with the idea of legal positivism. Second, the Theory of Legal Positivism adheres to analytical principles by prioritizing the law. Positivism separates the law from morals and justice. The law of nature as a classical theory requires the transformation of the law in the current era. Islamic law is a modern theory that confirms the legal character of the theory of natural law.

Sociologist Takebe Tongo — the Japanese Interpreter of August Comte’s Positive Theory

The article considers the views of one of the brightest representatives of Japanese academic sociology Takebe Tongo. In his work he tried to combine the social philosophy of Auguste Comte and social ideals of Confucianism. The ideas of the French scientist are interpreted by Takebe from conservative and even nationalistic point of view. Using Comte’s constructive principles of ‘positive society’ and trying to harmoniously combine them with the postulates of Confucianism, the Japanese sociologist created the concept of ‘Japanese positive society’. The positivistic thesis, according to which any society exists by natural laws, Takebe supplemented with the Eastern, Japanese conviction of patriarchal essence of State. Adopting some Comte’s ideas, Takebe tried to fill them with concrete content of traditional Eastern views. The ‘Concreteness’ of thinking, one of specific features of the Far Eastern cultures, is expressed in written language — Chinese characters, which had a great impact on the process of adopting and assimilation of Western abstract way of thinking. At the same time Western impact couldn’t lead to the demolition of the stereotypes of traditional social views in Japan because such stereotypes had been utilized as the basement for preserving the spiritual solidarity of the Japanese population by national ideologists as Takebe Tongo.

The problem of solvability of a positive theory of an arbitrary group is algorithmically unsolvable

The problem of solvability of a positive theory of an arbitrary group is algorithmically unsolvable

A Positive Theory of Information for Debt Contracting: Implications for Financial Reporting

A Positive Theory of Information for Debt Contracting: Implications for Financial Reporting

The Realistic Approach of Criminological Theories to Reduce Social Evils: A Case Study of Pakistan with an International Perspective

Evolutions of humankind and crime have almost similar besides the human efforts to ensure a peaceful social setup. Still, despite intensive efforts, the eradication of crimes from the communities of this world could not be made possible. The ancient history of legislation from the Stone Age till to date is also a shred of evidence that from the code of Hammurabi - Babylon times to Ten Commandments, from Megna Carta to the Universal declaration of human rights, frequent conventions and implications of public as well as international private law were the part of accomplishing the desired goals but in vain. Still, unfortunately, what could not achieve the desired results by having implications of the adopted approaches introduced and implicated as Classical, Neoclassical, and Positivist theories. Crimes enhance social vulnerability. This study will explore the reality of how criminals have become brawny as a threat to peace and security in the modern world and how they can overcome the situation with the practical implication of criminological theories. This study will also explore whether criminological approaches are sufficient or if any additional legislation or reformed practice is needed to attain the desired rehabilitative errands for sustainable development goals.

Understanding John Austin's Legal Positivism Theory and Hans Kelsen's Pure Legal Theory

John Austin and Hans Kelsen are widely recognized as influential legal experts. Their theories and thoughts about law are still a reference for jurists around the world. John Austin's Legal Positivism Theory offers a scientific and measurable legal paradigm when most existing legal products do not have certainty and are not measurable with certainty. Meanwhile, Hans Kelsen's Pure Law theory was also born as a form of response to various legal products at that time which could not be separated from various social, political, and cultural interests. So that law as a product of the state does not have authoritative legal certainty. The thoughts of both have sparked various responses and many among legal experts around the world. Therefore this article will further explore the two thoughts of these two figures in the hope of helping to show that Pure Law Theory and positive law theory are still relevant to contemporary legal theory.

Pemmali Culture in Bugis Community versus Law Enforcement of Age of Marriage in the Religious Courts

This study aims to explore the law enforcement of age of marriage in Bugis community, Islamic law and national law, and pemmali culture as one of the most crucial reasons for marriage dispensation. This study method used a sociological juridical research with normative and formal juridical approaches, socio-anthropological and case studies. Data analysis techniques used positivist theory of legal system, law enforcement, and sociology of legal system. The results showed that the enforcement of age of marriage in Bugis community does not have an age standard determination unless the daughter is menstruating, the application of pemmali culture causes daughter to become victims of underage marriages, they are blind to knowledge of age of marriage in Law Number 16 of 2019. The application of marriage age for children are still debated by the majority of fiqh scholars as long as girls have not menstruated, they do not question child marriage if it is menstruating, but Indonesian national law there is no way to legalize child marriage before getting a marriage dispensation. Pemmali culture can be determined as one of the reasons for the sharp increase in marriage dispensations in Religious Courts due to the mindset of parents in Bugis community when their daughters are underage and are proposed three times by men. A mayor implication of these findings is to reduce the amount of marriage dispensation recommended the next research on the effectiveness of socialization of Law Number 16 of 2019.

In Defense of Literary Truth: A Response to Truth, Fiction, and Literature by Peter Lamarque and Stein Haugom Olsen to Inquire into No-Truth Theories of Literature, Pragmatism, and the Ontology of Fictional Objects

This article responds to the arguments put forth by Peter Lamarque and Stein Haugom Olsen in Truth, Fiction, and Literature: A Philosophical Perspective (1994). It argues that the said work is representative of the widespread tendency in literary theory today to discard the possibility of literary truth, and it provides counterarguments to the work’s main theses. Consequently, it criticizes the philosophy of pragmatism and its implications, and it offers a theory that defines fictional objects as existing and solves contradictions that commonly affect our debates on the ontology of fiction. The article does not provide a positive theory of literary truth, but it undermines its denials, which have become popular in recent decades.

Strategic effects of stock pollution: the positive theory of fiscal deficits revisited

This article introduces a dynamic political-economy model of public debt which integrates climate policy. Strategic incentives are shaped by both an emission interaction and a budget interaction if public good provision contributes to a stock of persistent pollution. In a bipartisan system, politicians, who disagree on the optimal internalization of pollution, compete for office. The central finding is that bequeathing a large stock of pollution to the future government is not optimal for any incumbent regardless of their environmental preferences. This leads to strategic emission abatement in the first period. Additionally, while the incumbent engages in strategic deficit spending when reelection is uncertain, this effect is no longer necessarily inefficient when accounting for stock pollution. Both effects may increase welfare as a direct result of reelection uncertainty.

Pertanggungjawaban Pidana Anak di Bawah Umur dalam Kasus Pencurian (Perbandingan Hukum Islam dan Hukum Positif)

The issue of the responsibility of minors and their criminal sanctions is an interesting topic to discuss, considering that there is a lack of uniformity in both positive law and Islamic criminal law. The mindset of many law enforcement officials is currently centered on the understanding that all criminal cases must still be included in the realm of punishment (directly processed through litigation), even though these cases are crimes with relatively small losses or minor crimes. This is legal in the theory of positivism, provided that the act is clearly accommodated in the law (the principle of legality is met). However, not infrequently this process actually hurts the sense of justice in society. This article is a literature research with a descriptive analysis research method. Furthermore, the existing data is described and analyzed carefully in order to find the right conclusions. The results of this study are based on the positive law of the Child in view of Law no. 3 of 1997 concerning Juvenile Court is a person who has not been able to take responsibility for his actions, whether it is a criminal act or an act prohibited by the regulations in force in society. Children who are underage are considered as people who are unable to know the consequences of their actions because their thinking development has not yet reached the level of adults. So that children who can be punished are children whose age limit has been determined in the law. Meanwhile, according to Islamic law, if the perpetrator of the theft is a child or a madman, he cannot be sentenced to hadd cutting off his hands, based on hadith. Because cutting hands is a form of punishment, while punishment is carried out because of a crime. Meanwhile, the actions of a child who is a madman are not called a crime.

Independence Relations in Abstract Elementary Categories

AbstractIn model theory, a branch of mathematical logic, we can classify mathematical structures based on their logical complexity. This yields the so-called stability hierarchy. Independence relations play an important role in this stability hierarchy. An independence relation tells us which subsets of a structure contain information about each other, for example, linear independence in vector spaces yields such a relation.Some important classes in the stability hierarchy are stable, simple, and NSOP $_1$ , each being contained in the next. For each of these classes there exists a so-called Kim-Pillay style theorem. Such a theorem describes the interaction between independence relations and the stability hierarchy. For example, simplicity is equivalent to admitting a certain independence relation, which must then be unique.All of the above classically takes place in full first-order logic. Parts of it have already been generalised to other frameworks, such as continuous logic, positive logic, and even a very general category-theoretic framework. In this thesis we continue this work.We introduce the framework of AECats, which are a specific kind of accessible category. We prove that there can be at most one stable, simple, or NSOP $_1$ -like independence relation in an AECat. We thus recover (part of) the original stability hierarchy. For this we introduce the notions of long dividing, isi-dividing, and long Kim-dividing, which are based on the classical notions of dividing and Kim-dividing but are such that they work well without compactness.Switching frameworks, we generalise Kim-dividing in NSOP $_1$ theories to positive logic. We prove that Kim-dividing over existentially closed models has all the nice properties that it is known to have in full first-order logic. We also provide a full Kim-Pillay style theorem: a positive theory is NSOP $_1$ if and only if there is a nice enough independence relation, which then must be given by Kim-dividing.Abstract prepared by Mark Kamsma.E-mail:mark@markkamsma.nl.URL:https://markkamsma.nl/phd-thesis.

Simple groups with infinite verbal width and the same positive theory as free groups

In this paper we show that there exists an uncountable family of finitely generated simple groups with the same positive theory as any non-abelian free group. In particular, these simple groups have infinite w-verbal width for all proper words w.

Total Positivity in Symmetric Spaces

In this paper we extend the theory of total positivity for reductive groups to the case of symmetric spaces.

“Positive Agency Theory” in Explaining Social and Labor Relations in The Academic Sphere

In this article, the authors propose to consider the possibility of using the “positive agency theory” to explain the mechanism of decision-making by key subjects of social and labor relations using cases of the academic sphere. The interest of the authors in the academic field is due to the development of research in the field of increasing the efficiency of the return on the use of human capital in modern Russian universities. In the first part of the article, the authors consider the main approaches to the analysis of the essence of social and labor relations and, on this basis, offer its comprehensive definition. The central place in the article is devoted to the comparison of “normative agency theory (principal-agent)” and “positive agency theory”; highlighting the features of the positive theory of agency relations and substantiating with its help the process of choosing by the subjects of social and labor relations of one or another type of contracts. The authors pay considerable attention to the characteristics of the factors influencing the choice of the preferred type of contracts – contracts based on behavior, or contracts based on results. Enrichment of the theoretical and methodological apparatus that explains the formation and development of social and labor relations not only with the help of traditional approaches, but also through the achievements of the “positive agency theory”, allows a deeper analysis of the possible causes of inefficient behavior of academic workers in the changing and multitasking environment for the development of modern universities.

A NEW THEORETICAL AND METHODOLOGICAL APPROACH TO SOCIAL ENTREPRENEURSHIP IN THE CONTEXT OF NATIONAL SECURITY

Based on the works of the leading researches, authoritative methodological approaches to social entrepreneurship are analyzed: the blended value, social capital theory, the stakeholder theory, the positive theory of social entrepreneurship, etc. It is revealed that one of the main problems in the interpretation of social entrepreneurship is the dichotomy between economic and social values. The result of the research is a new theoretical and methodological approach to social entrepreneurship based on positive social amplification. This approach promotes the national security interests and allows ensuring the national security criteria of the state

Less Than Zero: A Positive Theory of Negative Prices in for Donative Nonprofits

The paper introduces a simplified platform model of nonprofit pricing, where client and donor prices are determined jointly. The interaction of donor and client markets has been discussed for decades but has not been addressed formally. Recent advances in economic theory offer analytic tools to model interaction of multiple markets explicitly, via a platform theory of the firm. Our model extents this tool to the case of pricing decisions for donative nonprofits and offers novel guidance to managers based on the relative elasticities among its clients and donors. We demonstrate that negative prices may be optimal for the nonprofit when cross-market elasticity between clients and donors is less than the own-price elasticity to its clients. Under this circumstance, the losses endured by lowering prices to clients will be more than offset by higher donation revenues. We further demonstrate analytically that low or negative prices are not an indicator of altruistic preferences of the organization. Alternatively, altruistic preferences are not necessary to drive prices below marginal cost. Our formulation offers a novel and clearly defined framework for nonprofit managers, funders, and researchers to distinguish optimal pricing decisions for their distinct charitable missions.

Placing Value Creation at the Core of Strategy

Most strategic management scholars still use Adam Smith’s conceptual framework of value-in-use and value-in-exchange. However, many modern scholars fail to recognize that Smith’s model of wealth creation was based on a normative model that targeted contemporary policy makers, rather than being an attempt to create positive theory of value. This paper represents an historical and cross-disciplinary integration of positive theories of value and value creation. A new typology is proposed which consists of two types of cross section value (hedonic value, and systemic value) and two types of longitudinal value (past value, and potential value). It is argued that these positive theoretical insights should be foundational to strategic management research, rather than the normative framework inherited largely intact from Adam Smith.

Evolutionary philosophical games in strategic management

PurposeThis paper aims to show that evolutionary game theory not only provides a general and unified theory of political philosophy and strategic management theories but also a positive theory of interactive behavior.Design/methodology/approachThis study suggests a way of the evolutionary game-theoretical model.FindingsThe model presented in this paper demonstrates coopetition is derived from balance points in multi-actor games. As the political–philosophical address of those strategic games will of all becomes convention in this balance point at which common knowledge occurs global optimum.Research limitations/implicationsThis study explores the connections between several streams in philosophy and strategic management. What does a particular philosophy contribute to strategic management with respect to game theory? When addressing this question in historical or exploratory terms, or in a combination of both, the end result is similar: particular philosophical issues, properly explained, are discussed in relation to important questions in strategic management.Practical implicationsWhat are the psychological and behavioral underpinnings of strategic decisions of this kind? What type of cognitive frames and managerial mental models, such as the game-theoretical model, might enable or hinder the integration of real-world problems in strategic decision-making?Social implicationsWhat explains the evolution of such mental models, as well as the development of philosophical ideas, in informing the origins? How does the evolution of social and political contexts influence change in the cognitive and behavioral underpinnings of strategic decision-making?Originality/valueThis study highlights the overt power of strategic management ideas – competition, cooperation and coopetition – which have historically been built on the foundations of organizational theory, while also underlying the potential of philosophies, collective wisdom and Condorcet’s jury theorem and Rousseau’s (1998) correctness theory in games of evaluation. This study investigates whether the many produce better decisions than the wise few.

Higher secondary polytopes and regular plabic graphs

Given a configuration A of n points in Rd−1, we introduce the higher secondary polytopes▪, which have the property that ▪ agrees with the secondary polytope of Gelfand–Kapranov–Zelevinsky, while the Minkowski sum of these polytopes agrees with Billera–Sturmfels' fiber zonotope associated with (a lift of) A. In a special case when d=3, we refer to our polytopes as higher associahedra. They turn out to be related to the theory of total positivity, specifically, to certain combinatorial objects called plabic graphs, introduced by the second author in his study of the totally positive Grassmannian. We define a subclass of regular plabic graphs and show that they correspond to the vertices of the higher associahedron ▪, while square moves connecting them correspond to the edges of ▪. Finally we connect our polytopes to soliton graphs, the contour plots of soliton solutions to the KP equation, which were recently studied by Kodama and the third author. In particular, we confirm their conjecture that when the higher times evolve, soliton graphs change according to the moves for plabic graphs.

The Continuation of the Romantic Thought in the Scholarship of Alexander Veselovsky and Mykhailo Drahomanov

Although comparative literary studies has its roots in the Enlightenment, Romanticism is considered to be its cradle. In Eastern Europe this fi eld began to develop only in the era of positivism, but it was infl uenced by the work of scholars who, on the one hand, continued their romantic interest in comparative studies, and, on the other, embraced the emerging positivist theories. The article discusses the infl uence of Romanticism on the scholarship of Alexander Veselovsky and Mykhailo Drahomanov, pioneers of comparative literary research in Eastern Europe. It argues that, despite their rootedness in positivism, the work of both Veselovsky and Drahomanov draws a lot from romantic inspirations.