Interpretation Of Raz Law Theory Of Architecture

The principal part of this paper is the analysis of the legal system structure theories of Raz. Inquiry into the role of the system structure theories in the legal theory, which would give an understanding generally for the legal system structure theories and the legal system theories.Raz put forward that the research of the law would consider the system, then that can carry on comprehension to the law. The legal system structure can classified into actually: Formal legal system structure and substantial legal system structure; And can also classified into from another angle: The dynamic state legal system structure and the static state legal system structure. What the legal system structure of the substance pay attention to is the materiality of the laws inside the system contact, is mutually contact of the laws function. The dynamic state legal system structure exercises from of the law the born angle analysis legal system structure, but the static state legal system structure then pay attention to analysis the concept, the contents and the system of the law.Except for the preface and conclusion, the paper is divided into five chapters. The five chapters, according to the history development of the legal system theories, carry on elaborating.Chapterâ… : The concept and contact of the legal system and the legal system structure. In this chapter, the writer mainly introduce something about the concept of the legal system and the legal system structure. Under general circumstance, a law always belongs to one legal system. A law always exist contact with inside and outside of other laws. And this kind of legal contacts is called legal system generally. The legal system carries on the whole law possibly.The legal system here is a kind of systematic mode of thinking, which distinguish with the concept of the law system in our usual text books. But the core of the research law is the problem of the research "what is law ", behind the problem is the problem of "what is justice". How regardless of the jurist does Argue, they all are unable to be separated from to this question closely examining with the proof.Chapterâ…¡: Austin's viewpoint concerning the legal system structure. In this chapter, the writer mainly introduce something about the standpoint of the legal system structure of Austin. Austin's law system structure is unsteady.Chapterâ…¢: Kelsen and Bentham's viewpoints concerning the legal system structure. I think the norm validity end to trace back to the basic norm, but have no a relation with the contents of the law, Kelsen denied the internal contact of the law. Bentham made differentiation to the concept of the obligation and the sanctions, admitting the duty laws with the existence of the sanctions law.Chapterâ…£: Hart's viewpoints concerning the legal system structure. He put forward the legal system two parts to constitute from the primary rules the secondary rules, and put forward the concept of the rule of recognization also.Chapterâ…¤: Raz's viewpoints concerning the legal system structure. Raz tallied up above a few legal positivism jurists relevant legal system structure of theories, put forward own theories. Raz was explicit first the standard of the individuation of Laws, thinking to can construct a perfect legal system structure basically according to these principles.