“The President's Proclamation is in direct contradiction of the legal positivism reigning in the legal profession, a positivism held no less tenaciously by conservatives than liberals, a positivism that denies all constitutional status to the principles of the Declaration of Independence. The contrast between the President's Proclamation and this positivism reveals a profound alienation from the principles of the American Founding among our nation's intellectual elites.”

—  Harry V. Jaffa

2000s, Bush's Lincolnian Challenge (2002)

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Harry V. Jaffa photo
Harry V. Jaffa171
American historian and collegiate professor 1918–2015

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Harry V. Jaffa photo

“The President's proclamation is a mighty blow against the legal positivism that infects our legal establishment, and the moral relativism that pervades our society. But this can only be the beginning of a far greater struggle than that against the physical danger of terrorism. It means taking up once again the burden Lincoln bore, in reasserting the truth of the Declaration, against the "positive good" theory of slavery, and against the still more deadly theory that majorities, and not the difference between right and wrong, should decide the future of slavery.”

Harry V. Jaffa (1918–2015) American historian and collegiate professor

2000s, Bush's Lincolnian Challenge (2002)

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“Positivism, with its principle that ‘a law is a law’, has in fact rendered the German legal profession defenceless against statutes that are arbitrary and criminal. Positivism is, moreover, in and of itself wholly incapable of establishing the validity of statutes. It claims to have proved the validity of a statute simply by showing that the statute had sufficient power behind it to prevail. But while power may indeed serve as a basis for the ‘must’ of compulsion, it never serves as a basis for the ‘ought’ of obligation or for legal validity. Obligation and legal validity must be based, rather, on a value inherent in the statute.”

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“The aim [of positivism in organization studies] is to reveal causal regularities that underlie surface reality.”

Lex Donaldson (1947) British-Australian organizational sociologist

Lex Donaldson (2003; 41), as cited in: Walter R. Nord, ‎Ann F. Connell (2012). Rethinking the Knowledge Controversy in Organization Studies. p. 150.

Harry V. Jaffa photo

“If "safeguards of individual liberty" do not have "any intrinsic worth", then neither does individual liberty. And if individual liberty has no intrinsic worth, neither does individual life. It is impossible to imagine a more complete denial of President Bush's proclamation of the sanctity of human life, or of his assertion of an "essential human dignity attached to all persons by virtue of their very existence." This is not only legal positivism, it is nihilism. It is not only a denial of any moral foundation of constitutionalism, it is a denial of any moral foundation of political community.”

Harry V. Jaffa (1918–2015) American historian and collegiate professor

2000s, Bush's Lincolnian Challenge (2002)

Alfred de Zayas photo

“Sterile legalisms, the fetishism of law — otherwise known as the doctrine of positivism — have emerged as a serious impediment to a world order based on the rule of law, which must also be the rule of justice”

Alfred de Zayas (1947) American United Nations official

2018, Report submitted to the UN Human Rights Council

“Enlightened utilitarianism is but the first in a series of totalitarian, sectarian movements to be followed later by Positivism, Communism and National Socialism.”

Eric Voegelin (1901–1985) American philosopher

Source: "From Enlightenment to Revolution" (1975), p. 52
Context: The tenacity of faith in this complex of ideas is certainly not caused by its merits as an adequate interpretation of man and society. The inadequacy of a pleasure-pain psychology, the poverty of utilitarian ethics, the impossibility of explaining moral phenomena by the pursuit of happiness, the uselessness of the greatest happiness of the greatest number as a principle of social ethics - all these have been demonstrated over and over again in a voluminous literature. Nevertheless, even today this complex of ideas holds a fascination for a not inconsiderable number of persons. This fascination will be more intelligible if we see the complex of sensualism and utilitarianism not as number of verifiable propositions but as the dogma of a religion of socially immanent salvation. Enlightened utilitarianism is but the first in a series of totalitarian, sectarian movements to be followed later by Positivism, Communism and National Socialism.

Hannah Arendt photo

“[…]the simple-minded positivism that believes it has found a firm ground of certainty if it only excludes all mental phenomena from consideration and holds fast to observable facts.”

Hannah Arendt book The Life of the Mind

Source: The Life of the Mind (1971/1978), p. 39.

Harry V. Jaffa photo

“George W. Bush has said he wants to change things in Washington. On this President's Day, we find him attempting this change in a most profound way. President Bush is to be commended for his recent Proclamation of National Sanctity of Human Life Day, in which he reminds his fellow citizens of the true principles of free government. But those principles today are usually ignored, or scorned. By taking up the challenge of defending these principles, President Bush aligns himself with the greatest President of our nation's history.”

Harry V. Jaffa (1918–2015) American historian and collegiate professor

2000s, Bush's Lincolnian Challenge (2002)

Harry V. Jaffa photo

“The President's proclamation is intended to give heart to, and rightly does give heart to, the Right to Life movement. It does so by identifying the right to life of the unborn with the first of the rights mentioned in the Declaration. It does so as the free soil movement and the Republican party, in the antebellum United States, had identified the right to liberty in the Declaration as the principled ground of its opposition to slavery. Then it was understood that the principle of equal rights for all in the Declaration of Independence was, as Lincoln said it was, "the apple of gold in the picture of silver" that gave life and meaning to the Constitution. Then it was understood that the original intent of those who framed and those who ratified the Constitution was to "secure these rights," the rights that defined the moral order which the legal order was to implement.”

Harry V. Jaffa (1918–2015) American historian and collegiate professor

2000s, Bush's Lincolnian Challenge (2002)

Theodor W. Adorno photo

“The error in positivism is that it takes as its standard of truth the contingently given division of labor, that between the science and social praxis as well as that within science itself, and allows no theory that could reveal the division of labor to be itself derivative and mediated and thus strip it of its false authority.”

Theodor W. Adorno (1903–1969) German sociologist, philosopher and musicologist known for his critical theory of society

Falsch am Positivismus ist, daß er die nun einmal gegebene Arbeitsteilung, die der Wissenschaften von der gesellschaftlichen Praxis und die innerhalb der Wissenschaft, als Maß des Wahren supponiert und keine Theorie erlaubt, welche die Arbeitsteilung selbst als abgeleitet, vermittelt durchsichtig machen, ihrer falschen Autorität entkleiden könnte.
Source: Wozu noch Philosophie? [Why still philosophy?] (1963), p. 10

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