Max Weber' Thoughtof Legal Positivism

All the legal doctrine must consider the normativity of law. The scholars of legal positivism deduced that from the social facts thereby declining the metaphysics character of nature law theory. Until now few scholars pay attention on the thought of legal positivism of Max Weber, the Germany socialist. Max Weber's legal positivism stems from Neo-Kantianism formalism and domination theory, by which Weber transcended the Anglo-American legal positivism approach.This thesis revolved from three propositions. Chapter one extracted the legal positivism of Germany in nineteenth century, with the historical-positivism. Chapter two introduced the emergency of law as result of the Disenchantment, which leaded to the fading of religion and moral faith. This chapter also discussed the normativity of Neo-Kantianism formalism, that is to say, the normativity of logic of legal proposition. Chapter three analyzed the social valid of law, which is from the formal reason procedure. The last chapter analyzed the relationship of positive law and living law, justified that Weber insist the one-source of law by his tragic modernism.