positive & normative.
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inquiry 于 1999/12/19 16:35:38 发表在 汉英
the distinctions of "positive" and "normative" analysis of legal theories...
what does "positive" mean? the way it is?
what does "normative" here mean? the way it should be?
thanx.
P.S. what are the distintions between the formalist and realistic approach of law?
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formalistic or realistic approach
作者：tian xin - 1999/12/19 23:28:16
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Both were originally concerned with literary criticism. Formalism: 形式主义，强调形式和技巧
Realism: 现实主义，注重写实
但不清楚二者与法律的渊源关系，仅供参考。
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normative analysis:规范分析；positive analysis:实在分析(cf: positive law 实在法)
作者：pedant - 1999/12/19 23:42:09
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Please note: pedant is no pedantic expert of legal studies, only for your reference
作者：pedant - 1999/12/19 23:45:13
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Yeah, your understanding is close...
作者：paralegal - 1999/12/20 12:10:14
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Postive analysis (实证分析) are descriptive. They make a claim about how the legal theories are. Normative analysis (规范分析)are prescriptive. They make a claim about how the legal theories conform to the established norms.
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To Paralegal
作者：inquiry - 1999/12/20 15:43:22
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Hi, thank you very much for the in-depth explanation. My school's curriculum is very heavy on theory and I would love to talk with friends who are interested in it. Please drop me a few lines(my email) if you have time. Have a nice Christmas.
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You, too! Merry Christma!
作者：paralegal-a fake one - 1999/12/20 21:17:56
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distinction between formalist and realistic approach of law
作者：paralegal - 1999/12/20 12:26:41
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A formalist approach is more rigid than a realistic one. By the formalist approach, penalty is meted out exactly as prescribed by the law, for example, matching the nature of crimes against the relevant penal provisions. By the realistic approach, however, a certain flexibility is allowed by putting everything in the context of reality.
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