Social Basis Of Legal Validity

Because of the complexity of modern society, modern society without various national laws as one would avoid the most important means of social integration. Despite national compulsory final implementation as a legal protection, but has failed in US history "Prohibits alcohol the command" similar legislation is not rare. These laws and regulations of the underlying causes of failure in its lack of legitimacy, thereby affecting their effectiveness and the community members will abide by the law. Many jurists, sociologists studies show that the law is the law and the legitimacy of the acceptability, and the people are law-abiding behavior exists significant correlation. It is good for the law enforcement needs the legal authority to create a spontaneous manner, and this as a moral obligation; if the legal validity can be assured that what is involved is actually legal legitimacy. With the development of society, each time legal validity theory also in development change. Sociologists were like Max Weber, Jüergen Habermas also starting from their social theory, the legality of the law made a lot of research.In traditional society, the law and morality are closely linked, legal theory and legitimacy theory as a natural law, that law and morality are one, the validity of the law and ethical principles are derived from its consistency. But this time law also manifests one kind of suppression characteristic, as in a traditional old society, people are not as modern society exchanges complex, and therefore easier to be the ruling class in its own moral standards for legal repression by the ruling class and ethics. As evidence, the development of philosophy and social, legal and moral begin separation, the legal legitimacy of...