Font Size: a A A

Joseph Raz, The Service Legal Authority Concept Study

Posted on:2012-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2216330344450137Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Joseph Raz, the famous contemporary positivism jurist, taking "the theory of reason" as a tool to analyse and reveal the practical essence of the authority of law. This kind of authority has the power of requiring action. Namely, in the process of choosing the reason of action, people have to give up their own personal judgment and reason prudent, sincerely accepting the authority of law guidelines. As a kind of exclusive behavior reason, the authority of law will exclude people's basic reason and conflict reason, contact the actor and the reasons, and provide people the correct reason in authority to achieve their anticipated target. Connected with the three topic-concepts:"dependence proposition", "justification for the topic" and "priority proposition", the author gives the very good interpretation to the Service Legal Authority. Source proposition of legal law, which is Raz advocates, is insisting on particular social facts instead of moral reasoning, and morality is not the basis of legal existence and content, it is just elevating standards of legal quality. Based on this proposition, he responses Ronald Dworkin's claim of "principle is legal component", thus opens the tough theoretical positions of exclusive positivism:There is no necessarily link between legal law and morality. Raz explicitly point out that it does not exist the general obligation to obey the law. People are willing to follow the authoritative guidance, exactly is because their respective attitudes to the law rather than mandatory obey orders. This kind of attitude allows people to introspect and criticize the defects of legal authority, thus people can effectively solve the conflict between the authority of law and moral autonomy of individual.
Keywords/Search Tags:Joseph Raz, Service Legal Authority, the theory of reason, the general obligation to obey the law
PDF Full Text Request
Related items