Positive Theory Research Articles

On the normativity of mainstream economics (what a positive economic theory may look like)

It is shown in the article that there is no fundamental difference between normative and positive theories either in terms of development methods or internal architecture. It is substantiated that the modern neoclassical theory as a whole is not positive. Another way of developing a positive microtheory based on the approach of Maurice Allais is proposed: the concept of searching for surplus within the framework of the cost approach.

ТЕЗИС СУДЕЙСКОГО УСМОТРЕНИЯ В СПОРЕ Р. ДВОРКИНА И ПОЗИТИВИСТОВ: АРГУМЕНТЫ «ПОЗДНЕГО» Г. ХАРТА

Introduction: this article deals with Herbert Hart’s conception of judicial discretion, taken as an authoritative example of the theory of legal positivism in his debate with Ronald Dworkin. The article is of particular interest not only because it turns to the significant issues of legal proceedings as fundamentally conceptualized by the parties to the debate but also because it investigates the ‘later’ Hart’s doctrine of discretion, which is unexplored in Russian jurisprudence and presented in the foreign literature only in truncated form, leaving the author’s 1967–1980s works out of consideration. Purpose: reconstruction of the ‘later’ Hart’s arguments in favor of the positivist thesis of judicial discretion, evaluation of these arguments from the perspective of both development of the jurist’s views and the polemics between R. Dworkin and positivists. Results: the first section of the article presents H. Hart’s original 1961 doctrine as a starting point in the debate of R. Dworkin and positivists; the emphasis is placed on the opposition between the theses of legal indeterminacy and judicial discretion and the counter-theses of completeness of law and the single right answer. In the second section, H. Hart’s 1967–1994 contentions concerning judicial discretion related to R. Dworkin’s ideas are explicated. The third section provides over all reconstruction of the ‘later’ Hart’s doctrine, as well as its assessment in the perspective of the author’s 1961 and 1994 views and the polemic between R. Dworkin and positivists. Conclusions: in his 1967–1994 works, H. Hart follows in line with positivists’ argumentation in their debate with R. Dworkin, thus making a contribution to strengthening the potential of positivist theory. Despite his limited participation, the jurist monitors key points of the debate, trying to substantiate his basic conception of judicial discretion in the changed context. Its final updated version does not receive a full-fledged formulation from the ‘later’ Hart. However, it is clearly irreducible to the ideas of the ‘Postscript’ (1994), usually discussed in this capacity in Western literature: following a number of new arguments, consistent with his 1961 approach, Hart sets out important corrections / ways of development, associated with both departure from a purely linguistic model of legal indeterminacy and presumably problematic specificity of judicial discretion within the framework of moral identification of law, allowed by soft positivism.

ИНСТИТУТ ГОСУДАРСТВЕННЫХ УСЛУГ В СИСТЕМЕ АДМИНИСТРАТИВНОГО ПРАВА

The article is devoted to the analysis of the institute of public services as an element of administrative law system. The author analyzes the doctrinal sources of the system of administrative law and puts forward the author’s judgments on the formation of the modern system of administrative law. The purpose of this article is to identify the main features of public relations arising in the field of public services and determine the place of the institute of public services in the system of administrative law. In order to achieve this goal, the author analyzes the existing studies devoted to the study of both the system of law in general and the system of administrative law in particular. The methodological basis of this article is a combination of general scientific methods of knowledge, the formal-legal method as well as the comparative legal method. Result. Analyzing the concept of the system of law and the system of legislation, the author concludes that in forming the content of these categories, first of all, it is necessary to establish the stage of development of the state and the types of legal understanding developed in legal science. The author notes that in a state governed by the rule of law, where the individual, his rights and freedoms are of supreme value, the widespread theory of legal positivism must give way to a theory of natural law that allows the distinctive features of the concepts in question to be established. The author has used doctrinal sources as well as law enforcement practice to identify the main characteristics of public services and the criteria for classifying a legal norm in the administrative law system. Having clarified the purpose and objectives of modern administrative law, the author justifies the idea that public service activities are a favourable form of public administration. The purpose of which is to assist individuals in exercising their rights, freedoms and satisfaction of legitimate interests. As a result of the research, it is noted that such relations arise primarily on the basis of general administrative law norms, which leads to the conclusion that the totality of such legal norms should be combined into a legal institute in the system of general administrative law. Conclusion. The author concludes that the modern development of law in general, and administrative law in particular, requires rethinking and allocation in the general administrative law system of the new institute, which may be called – Institute of public services.

Reflective Legal Positivism

The argument of theoretical disagreement has been deemed the most serious contemporary challenge to the traditional views of law, not merely for academic legal positivists but for all lawyers and scholars. Although coined by Ronald Dworkin for the specific purpose of opposing conventionalist and positivist theories of law, the argument recognises the general truth that jurisprudence is an inevitably agonistic enterprise. Nowadays, it is one of the most discussed arguments in general jurisprudence. In this paper, I follow Shapiro’s idea that legal positivists have to accept the challenge and accommodate the argument – they simply cannot dismiss it as conceptually irrelevant. I briefly reconstruct the argument and discuss three positivist accounts that accommodate the phenomenon of theoretical disagreement. I also argue that one of the common features of these positivistic responses is a tacit acceptance of a holistic and meta-philosophical perspective that allows theoretical disagreements to fit within the boundaries of the legal‒institutional framework. The holistic turn is no surprise given that Dworkin’s methodology is also in principio holistic. I conclude, however, that holistically pimped legal positivism – being a conscious close neighbour of legal realism – is a more reflective theory of law than the Dworkinian one.

Prohairesis and a Stoic-Inspired Feminist Autonomy

The idea that the ancient Stoics are (proto)feminists is relatively common. Even those critical of this position acknowledge that certain features of Stoicism render the philosophical program appropriate for a feminist reimagining. Yet less attention has been paid to developing a positive theory of Stoic feminism. I begin this task by outlining Stoic insights for a feminist conception of personal autonomy. I argue that, present in the Stoic doctrine of prohairesis, we find a dual conception of personal autonomy according to which socially constructed selves maintain an individualist autonomy. This individualist view of autonomy is in line with Stoic compatibilism about freedom and selfhood, which I use as structural analogies to motivate my account. I then highlight potential feminist payoffs of a Stoic-inspired view, particularly for the contemporary feminist debate about autonomy under oppression.

Administrative Sabotage

Government can sabotage itself. From the president’s choice of agency heads to agency budgets, regulations, and litigating positions, presidents and their appointees have undermined the very programs they administer. But why would an agency try to put itself out of business? And how can agencies that are subject to an array of political and legal checks sabotage statutory programs? This Article offers an account of the “what, why, and how” of administrative sabotage that answers those questions. It contends that sabotage reflects a distinct mode of agency action that is more permanent, more destructive, and more democratically illegitimate than more-studied forms of maladministration. In contrast to an agency that shirks its statutory duties or drifts away from Congress’s policy goals, one engaged in sabotage aims deliberately to kill or nullify a program it administers. Agencies sabotage because presidents ask them to. Facing pressure to dismantle statutory programs in an environment where securing legislation from Congress is difficult and politically costly, presidents pursue retrenchment through the administrative state. Building on this positive theory of administrative sabotage, this Article considers legal responses. The best response, this Article contends, is not reforms to the cross-cutting body of administrative law that structures most agency action. Rather, the risk of sabotage is better managed through changes to how statutory programs are designed. Congress’s choices about agency leadership, the concentration or dispersal of authority to implement statutory programs, the breadth of statutory delegations, and other matters influence the likelihood that sabotage will succeed or fail. When lawmakers create or modify federal programs, they should design them to be less vulnerable to sabotage by the very agencies that administer them.

The role of mindset in preventing one’s mental health

Introduction: As long as the world is still in a pandemic, an individual must maintain his mental health to deal with problems or impacts arising from a pandemic situation. The growth mindset is believed to be a predictor in influencing a person's mental health. We tested how the growth mindset influences on positive mental health in college students during a pandemic. Method: A total of 567 students from universities in Indonesia randomly completed an online questionnaire. The data collection tool uses Positive mental Health and Implicit Theory Measures scale on two dimensions of growth mindset: intelligence mindset and moral mindset. Results: The results show that the intelligence mindset affects positive mental Health, the moral mindset as well. In addition, the two variables together, intelligence mindset and moral mindset, affect positive mental health. Conclusions: The three hypotheses proposed can be accepted statistically, but the magnitude of the influence of each hypothesis is very small. The implications and research suggestions are discussed in depth in the discussion.

Interaction between Law and Morality: The Philosophical Construct

This paper discusses the jurisprudential analysis of law and legislation in a modern state. The main objective of this analysis is to ascertain the role and status of morality in the modern constitutional setup. Various views of legal positivism will be probed in light of the role of morality in codification. The study will comprise upon doctrinal analysis of various positivist writers of the 20th century. Contemporary elements of law in the modern nation-state system are more pro-positivist in approach rather than moral. In the light of these elements, the reader will understand the scope of morality especially religious morality in the contemporary legal framework. A comparative analysis will explain the standards of both theories of legal positivism and naturalist interpretation of laws.

Telehealth as a Resource for Continuity of Care in the Face of Disaster

This symposium co-sponsored by the Disasters and Older Adults and the Technology and Aging special interest groups of GSA aims to highlight the promise of, and barriers to, the use of telehealth to support continuity of care in the face of disasters and crises, such as the ongoing COVID-19 pandemic. M. Mattos will showcase a home-based medical care (HBPC) program to address chronically ill and homebound persons living with dementia and caregivers’ needs during the pandemic. T. Wyte-Lake will present the results of a national survey on how changes were made to the Department of Veterans Affairs (VA) HBPC programs in response to the pandemic. G. Demiris describes a large caregiver study in which problem solving therapy and positive appraisal theory interventions designed specifically to support family caregivers of hospice patients during the COVID-19 pandemic were implemented via telehealth. D. Lindeman will specifically discuss challenges and implementation strategies for telehealth solutions applied to low-income older adults living in affordable housing communities. Finally, H. Xu will present the results of an analysis examining the effectiveness of telehealth in reducing readmissions among heart failure patients during the COVID-19 pandemic. While the COVID-19 pandemic has especially impacted older adults and those who care for them, these talks highlight the potential of telehealth services and interventions to provide support and facilitate the continuity of care during times of crisis.

Aging With Intellectual and Developmental Disabilities: A Critical Examination of Supports for Healthy Aging

The number of older adults with intellectual and developmental disabilities (IDD) in the U.S. is expected to double and potentially triple by 2030. Despite this demographic urgency, there continues to be a lack of research directly addressing aging of people with IDD. Individuals with IDD have on average twice as many health problems than others without IDD, experience earlier age-related declines in health and function than the general population and are more likely to develop secondary conditions as they age. The increase in the number of people aging with IDD and the challenges experienced by this population have demanded new directions for research, practice and policy that promote social justice and improve this population’s health and well-being. This symposium brings together research that critically examines and calls for a “new normal” of supports for healthy aging provided to the population aging with IDD. The first presentation consists of a systematic review of healthy aging interventions for adults with IDD. The authors conclude that such interventions for adults with IDD remain scarce, incipient and sporadic. The second presentation critically reviews an interprofessional education model aimed to address the complex and unique needs of older adults with IDD and dementia. The authors provide recommendations for the future development of interprofessional education in this field. In the third and final presentation the authors offer further transformation toward a new normal as they outline future directions for research on aging with IDD that is informed by positive psychology and disability studies theory.

Positive Psychology and Disability Studies: Directions for Research on Aging With IDD

This presentation outlines future directions for research on aging with intellectual and developmental disabilities (IDD) informed by positive psychology and disability studies theory. Research on aging with IDD often focuses on losses in functioning that come with age and on ways to prevent such decline. When applying a positive psychology lens to the experience of aging with IDD the focus shifts to determinants of positive emotions and strength and on ways of increasing meaningfulness in life as one ages. A positive psychology lens also relies on the assumption that people can self-direct and organize their lives, which is essential for individuals aging with IDD who historically have lacked opportunities to exercise self-determination. Positive psychology as applied to disability aligns with disability studies perspectives that emphasize that different ways of being in the world can be ‘sources of knowledge, satisfaction, creativity, and happiness’ (Chivers, 2011 p.9).

Use of Telehealth to Support Family Caregivers of Hospice Patients During the COVID-19 Pandemic

Family caregivers of hospice patients faced additional challenges in the context of the COVID-19 pandemic where social isolation and loneliness that are often observed among those taking care of a loved one at the end of life, were exacerbated by social distancing rules and workflow changes introduced by hospice agencies. The use of telehealth technologies has the potential to facilitate the delivery of supportive services for family caregivers. We conducted a study examining the use of telehealth for the delivery of a supportive intervention based on problem solving therapy and positive appraisal theory designed specifically to support family caregivers of hospice patients during the COVID-19 pandemic. We recruited 248 caregivers who each participated in three telehealth sessions over a month; caregivers reported higher levels of quality of life and lower levels of anxiety post intervention. Specific recommendations for inclusive telehealth design are discussed based on lessons learned.

Impact of Positive Reinforcement Theory on Weightlifter’s Performance

A common problem was observed at local level weightlifting clubs in Lahore, Pakistan i.e., coaches use inappropriate ways (shouting and abusing) to get desired performance results but, it ends in young weightlifter’s resentment and take them away from their sport targets and some choose to quit weightlifting sport as well. The existing literature about acquiring desired results in sports suggests; only positive approach can be useful i.e., Positive Reinforcement Theory ‘PRT’ developed by B F Skinner (Marzieh Gordan, 2014). Hence, in this applied deductive type quantitative study, an eight-week experiment was conducted in Lahore which tested the implications of Positive Reinforcement Theory on young weightlifters’ performance. The objectives of this study were; (a) to apply Positive Reinforcement Theory in weightlifting sport to examine the cause-and-effect relationship between positive reinforcement and young weightlifter’s performance, (b) to test if the study’s Positive Reinforcement Program ‘PRP’ model helps young weightlifters to achieve desired targets within given timeframe or not? At first, pre-competition was administered to record standard performance results of both groups. Secondly, ‘PRP’ Model based on ‘PRT’ was introduced to experimental group and then post-competition testing was conducted to record and compare performance results of both groups. The results of both groups’ Paired Sample t-test and Independent Sample t-test, using statistical package SPSS version 23, showed a significant impact of ‘PRP’ model on the young weightlifter’s performance. Therefore, it is concluded that; acquisition of young weightlifters’ desired performance results. Coaches should use ‘PRP’ model rather than applying inappropriate ways to motivate young weightlifters. The PRP model also helps young weightlifters to achieve their targeted performance results within given timeframe.

Penguatan Pendidikan Karakter (PPK)Keagamaan Islam Pada Kurikulum 2013 DI KOTA BLITAR

In the world of education has been hot and much talked about character building. It is shown by the nation’s character in this globalization era has declined very sharply, and it makes why character education is needed. In addition, technological advances make a person's character change. Based on this situation, this research examines the Scientific Approach (scientific approach) in strengthening character education through social media is reviewed based on a scientific paradigm positivistic initiated by Auguste Comte. The results of this study explain that the scientific approach (scientific approach) in curriculum learning 2013 through the steps of observing, asking, reasoning, associating, and communicate is relevant to the positivistic paradigm. Positivism theory stems from the emergence of the three-stage law (Law of Three Stages) of Auguste Comte. Through this law, he states that the history of the development of thought humans, has developed according to three stages, namely the theological or fictitious stage, the metaphysical or abstract stage, and the positive or scientific or real stage. So in a positivistic perspective that if the scientific approach (scientific appoach) applied to teaching character education in the curriculum 2013 through social media is very appropriate to be applied to the process learning.

The Modern‐Day Cicero: An Alternative Interpretation of the Work of Ronald Dworkin

AbstractRonald Dworkin is one of the most frequently cited legal philosophers. His work, notably his attack on H. L. A. Hart's positivist theory of law, has received considerable attention, earning him praise as well as trenchant criticism. Instead of discussing the analytical validity of Dworkin's claims, though, we propose an alternative reading of his jurisprudential writings that emphasises their rhetorical nature. After delineating the rhetorical context of his work, we provide several illustrations of his use of rhetorical strategies and, with the help of sentiment‐analysis techniques, emotional language. While resorting to classical rhetorical tactics, Dworkin's rhetoric, we argue, appealed to the emotional power of rights talk at a time when the notion of rights enjoyed greater resonance with his audience.

Dworkin versus Hart Revisited: The Challenge of Non-lexical Determination

Abstract A fundamental task for legal philosophy is to explain what makes it the case that the law has the content that it does. Anti-positivists say that moral norms play an ineliminable role in the determination of legal content, while positivists say that they play no role, or only a contingent one. Increasingly, scholars report finding the debate stale. This article hopes to freshen it by, ironically, revisiting what might be thought its opening round: Dworkin’s challenge to Hartian positivism levelled in The Model of Rules I. It argues that the underappreciated significance of Dworkin’s distinction between rules and principles is not that Hart’s model cannot allow for the existence of legal principles, but that it cannot make sense of their operation. Hart’s model posits that legal rules are determined in a rule-like (‘lexical’) way, whereas legal principles contribute to rules in a manner that is at least partly non-lexical. The upshots of this reinterpretation are: first (against most positivists) that Dworkin’s challenge does require some reworking of Hart’s positivist theory; and second (against most anti-positivists) that the reworking required to meet Dworkin’s challenge does not necessitate positivism’s abandonment.

Instrumental Comparative Tort Law

Abstract This article examines the possible uses of comparative tort law in practice and theory. It takes the view that comparative law is always a means, never an end in itself, explains how it can be utilized by judges, legislatures, and legal scholars, and puts forward important caveats and qualifications. Part 2 demonstrates the traditional role of comparative law in interpreting and implementing shared or similar tort doctrines and in providing ideas for domestic tort law gap-filling and reform. It highlights the challenges that such utilization might present. Part 3 maintains that comparative research is the cornerstone of unification endeavors. Starting with coordinated projects, Part 3 argues that unification is in itself an instrument (making comparative law a second-order instrument) and that it cannot be pursued without taking into account some concerns about its desirability and practicability. Part 3 then discusses uncoordinated unification processes, whereby lawmakers in one jurisdiction identify a “global consensus” and decide to join it, and elaborates on the normative and positive components of these strategies. Part 4 acknowledges that comparative analysis usually uncovers trans-jurisdictional diversity and argues that such findings can underlie normative and positive theories of tort law. A comparison can offer a systematic taxonomy of possible legal solutions to a particular problem, enabling scholars to critically evaluate and compare the alternatives from their preferred theoretical perspective. Moreover, any hypothesis about the impact of cultural, economic, political, technological, and other conditions and changes on the law can be substantiated or refuted through comparative analyses that seek out legal differences (or similarities) among systems with different (or similar) underlying backgrounds. Through this analysis, the article aims to reignite and enrich the debate and inspire tort-law makers and scholars to integrate comparative research into their work.

Health, illness and neoliberalism: an example of critical realism as a research resource

ABSTRACT Neoliberalism, health and illness are all vast topics that range from global to local, personal to political. Critical realism offers valuable concepts, which help to extend and deepen analysis of these large, complex research areas. These include attending to unseen causal influences, absence, values, power, interests, structure and agency and morphogenesis. The four planes, which connect all interrelating forms of social being, provide a framework for managing large, wide-ranging and inter-disciplinary research data and for contextualizing small studies. Critical realism is contrasted with paradigms such as positivism, realist evaluation and actor network theory. This paper is based on a 20-hour generic course about critical realism for doctoral students, initiated by Roy Bhaskar. It uses the example of neoliberalism, health and illness to illustrate how useful critical realism can be as a research resource. The paper is also about the importance of understanding contemporary health in the context of neoliberalism.

THE CLASSIFICATION OF TERM STRUCTURE SHAPES IN THE TWO-FACTOR VASICEK MODEL — A TOTAL POSITIVITY APPROACH

We provide a full classification of all attainable term structure shapes in the two-factor Vasicek model of interest rates. In particular, we show that the shapes normal, inverse, humped, dipped and hump-dip are always attainable. In certain parameter regimes, up to four additional shapes can be produced. Our results apply to both forward and yield curves and show that the correlation and the difference in mean-reversion speeds of the two factor processes play a key role in determining the scope of attainable shapes. The key mathematical tool is the theory of total positivity, pioneered by Samuel Karlin and others in the 1950s.

Are policymakers responsive to public demand in climate politics?

AbstractNormative theories of democracy agree that public demand should be the main guide in policymaking. But positive theories and related empirical research disagree about the extent to which this holds true in reality. We address this debate with an empirical focus on climate change policy. Specifically, we are interested in whether observable variation in public demand for climate change mitigation can help explain variation in adopted national climate policies. Using our own data to approximate public demand, we estimate the responsiveness of policymakers to changes in public demand in six OECD countries from 1995 to 2010. We find that policymakers are responsive and react in predicted ways to variation in our opinion component of measured public demand, rather than to the mere salience of the climate issue. The effect of issue salience is strongest in combination with our opinion measure as this creates a scope for action. The results underscore the importance and usefulness of our concept and empirical measures for public demand, as well as of our disaggregated analysis of climate policy outputs in this area.