Professional Documents
Culture Documents
Legal Approach
Legal approach stands for an attempt to understand
politics in terms of law. It focuses its attention on the
legal and constitutional framework in which different
organs of government have to function.
It inquires into their respective legal position, their
powers and the procedure which makes their actions
legally valid For instance.
legal approach to Indian politics will proceed to analyse
legal implications of various provisions of the Indian
Constitution, duly documented by the decisions of the
Supreme Court of India as well as by the opinions of
legal luminaries, procedure of formation and legal
position of the two Houses of the Indian Parliament and
State legislatures, procedure of election or appointment,
powers and position of the President, Prime Minister,
Governors, Chief Ministers, Central and State Cabinets,
etc. role and powers of the Supreme Court of India and
High Courts, full legal implications of the federal set up,
position of Fundamental Rights and Directive Principles
of State Policy, etc.
Institutional Approach-
Principles of Positivism-
1. Scientism or the unity of the Scientific Method-
- Scientism- knowledge is defined by naturalistic
science alone.
- Unity of the scientific method- the natural sciences are
generally taken to be the model for all the sciences.
- For positivism, there is no essential difference between
the methods of natural science and social science.
2. Naturalism or Phenomenalism-
- There is not only a unity of method, but there is also a
unity in the subject matter of science.
- Science is the study of reality. This reality can be
reduced to observable units or naturalistic phenomena.
- Positivistic naturalism-
nature is seen as existing outside the science and
can be neutrally observed
reducing subject matter to atomic unit,
the scientific truths matches with the nature of
reality,
3. Empiricism-
- The foundation of science is observation. Positivistic
science is based entirely on the experience
- Reducing a subject to observation and verification.
- From observation to verification by means of the
experimental method
- Uncover objectively existing, general laws from which
hypotheses can be made which can be used to predict
what can happen- causal laws that have the power of
explanation.
4. Value freedom-
- Science does not make judgements on its subject
matter. It is a neutral activity free of social and ethical
values.
- Positivists therefore insist on a dualism of facts and
values.
- Positivism involves a commitment to the pursuit of
scientific truth, which is independent of ethical self-
reflection or personal subjective elements, since truth
is a verifiable and explanatory statement about an
objectively existing reality.
5. Instrumental knowledge-
- In general the institution of science as a profession in
modern society has favoured the pursuit of technically
useful knowledge.