1999 Fiscal Year Final Research Report Summary
Logical Positivism and Legal Methodology
| Project/Area Number |
10620013
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Waseda University |
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Principal Investigator |
KAMEMOTO Hiroshi Waseda University, School of Law, Professor, 法学部, 教授 (30183784)
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| Project Period (FY) |
1998 – 1999
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| Keywords | logical positivism / legal methedology / Vienna Circle |
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| Research Abstract |
This project aimed at inquiring the relation of logical positivism to legal methodology. It has made clear the following.
1. A prevailing opinion defines the "linguistic turn" in terms of the abandonment of three elements, that is, separation of fact from will, the view of language as a transparent medium through which the world is seen, and the gradual progress to universal truth that approaches correspondence of fact and representation, and regards logical positivism as standing for the view of language before the "linguistic turn". But this opinion is wrong in any element above mentioned.
2. Several members of the Vienna Circle gave up foundationalism much earlier than many thinkers have supposed and turned to conventionalism and coherence theory of truth.
3. Logical positivist theory of language has been supposed to cover semantics and syntax alone. This is not accurate. For some members who took physicalism considered pragmatics the background of semantic and syntactical analysis.
4.Ordinary language school belongs more to the turn to pragmatics than to the "linguistic turn."
5.Kelsen who is committed to pure theory of law estimates logic in science no less than logical positivists. He however gets in logical mistakes because of luck of knowledge of logic.
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Research Products
(2 results)
