Placing restrictions on who can be granted probation violates a basic tenet of positivism by undermining the principle that laws and their application should be based on objective, measurable facts rather than subjective judgments or moral considerations. Positivism emphasizes that laws are a reflection of social facts and should be applied uniformly to all individuals, regardless of personal characteristics or circumstances. By imposing restrictions, the legal system introduces arbitrary distinctions that can lead to unequal treatment, contradicting the positivist ideal of impartiality in the application of law.
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