The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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Legal Definitions - logical positivism

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Definition of logical positivism

Logical positivism is a philosophical movement that proposes a statement is only considered meaningful if it can, in principle, be verified through empirical observation or logical analysis. This means that for a statement to convey factual information or be considered true or false in a cognitive sense, there must be some conceivable method to test or confirm its truthfulness, even if current technology or practical limitations prevent immediate verification. Statements that cannot be empirically verified or logically proven are deemed non-cognitive, meaning they express emotions, beliefs, or commands rather than factual claims about the world.

  • Example 1: A Verifiable Scientific Claim

    Consider the statement: "All swans are white." Under logical positivism, this statement is meaningful because it is empirically verifiable. One could, in principle, observe swans to determine if they are all white. While a single observation of a black swan would refute the statement, the possibility of observation makes the statement meaningful in a factual sense.

  • Example 2: A Non-Verifiable Metaphysical Claim

    Imagine the statement: "Beyond our observable universe, there exists a realm of pure thought that influences all physical events." From a logical positivist perspective, this statement would be considered meaningless in a factual sense. There is no conceivable empirical observation or logical test that could verify the existence or influence of such a realm. While one might believe it, the statement does not convey a verifiable fact about reality.

  • Example 3: A Non-Verifiable Ethical Judgment

    Take the statement: "It is inherently wrong to break a promise, regardless of the consequences." This statement expresses a moral judgment. Logical positivism would classify this as a non-cognitive statement because there is no empirical test or observation that could prove or disprove its inherent "wrongness." While people may hold strong ethical beliefs, the statement itself does not present a fact that can be verified through sensory experience or logical deduction.

Simple Definition

Logical positivism is a philosophical system asserting that a statement is meaningful only if it can, in principle, be verified through empirical observation or logical analysis. Consequently, claims that cannot be tested or proven are considered to lack cognitive meaning.

The life of the law has not been logic; it has been experience.

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