The Boundaries Of The Law: The Positivist Proposition Group To Start

The Dissertation, The Borderline of Law: The Extend of Positivism Theses, focus on the core of legal theory, which include the separation of law and morality and the authority of law. And, the latter bases on the answer of former. To reach this purpose, the paper apply the method of thought history to analyzed H.L.A. Hart's theory and its influence, and try to show the direction of legal theory. I think that positivism, special Jules Coleman's inclusive legal positivism, is more successful than natural law theory.This paper is composed of six parts. Introduction is to clarify the paper's topic and function of the thesis.Chapter 1 is to find the character of positivism. Through research the theory of John Austin, Hans Kelsen, and Hart, the Separation Thesis is the key to understanding positivism, which object the necessary connection between law and morality. So, only the opinion accepted this thesis would be called positivism.Chapter 2 is mainly consisted of the Moral Incorporation Thesis and the Sources Thesis that are respond to the Ronald Dworkin's attack on the separation thesis through legal principles theory and normative rules theory. And then, positivism is divided into two subspecies: inclusive positivism and exclusive positivism. The difference of positivisms is about whether morality could become legality act standard or not.Chapter 3 discusses the Conventionality Thesis that is about the conception that Law is some kinds social fact, which based on Hart's conventionalism turn. But, positivists disagreed on the nature of convention. Through compared Jules Coleman's coordination convention with Andrei Marmor's constitutive convention, we find the former is better.Chapter 4 is the debate about the Authority Thesis and the Practical Difference Thesis. Because the theses supported the Source Thesis that they right would approve the justification of the exclusive positivism. But, inclusive positivists deny theirs efficacy, so that this kind positivism is better.Chapter 5 is the summarization of papers, which includes three parts. First is summarize the relations of theses, and second is about the separation of morality and law, the last is connection of legal theory and value.The last part is conclusion.