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On Razian Authority Justification

Posted on:2012-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:X LiaoFull Text:PDF
GTID:2216330338459424Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The 20th Century was totally a most painful and grievous human disasters for all the human beings that has ever happened in our history, which rooted in the craziness and uncontrolling of the human reason, while the direct cause of these tragedies lies in the blind obedience to the authority. All leads us to the reflection of the nature of the authority, to the rightfulness of the authority and the foundation that it bases on. Joseph Raz,known as one of the most famous legal positivists, whose service conception of authority theory which is based on the positive tradition and reason theory is quite a special one. In this paper,the author try to interpret and develop the Razian authority theory which will be the main and critical content of this paper through the historical method,comparative method, hermeneutic method, analytical method and the social method. Firstly, the author will make some points of the justification of authority and the researching achievement of the topic briefly through the historical method; secondly, by the comparative method the author will introduce the authority theories of the pro-positivists and Weber that the Razian authority bases on, and from which we could see some potential relationship between them; the third part will be the essential part of this paper with much more importance, in which the author begins with the background of the Razian authority theory, then the author elaborate the Razian authority theory. As for Raz the authority means the normative power, a kind of capacities to exert influence on other people's action and future. He classifies the authority mainly as follows: the practical authorities and the theoretical authorities, the public authorities and the private authorities, de facto authorities and the legitimate authorities, the authorities over person and the authorities over certain matter, which will be interpreted and developed by the author. Raz claims that his interest focus on the public authorities and the practical authorities and the justification of the de facto authorities and the legitimate authorities. The author also takes some time on the reason theories of Raz. The Razian justification of the authorities bases on his "Three Thesises of Authority", named as the Pre-emption Thesis, the Dependence Thesis and the Normal Justification Thesis. The pre-emption thesis reflects the coercion and the influence of the legitimate (or justified) authorities, the dependence thesis shows us the moral factor of the legitimate authorities, while the normal justification thesis plays as the most fundamental part of the Razian justification of the authorities, which works as the rational factor of the legitimate authorities. This means the only reason that justifies the authorities depends on the fact that the authority will provide more moderate reasons and make better justification for its subjects than themselves can do. Through those thesis we could find out three route that used for the justification of authority by Raz:firstly the moderate reason and the better justification that the authority makes for its subjects basing on the practical reason, secondly the respect for authority of its subjects, and the last lies in the consent of its people. The fourth part of the paper will focus on the values and meanings of Razian service conceptual authority and the justification of authority. We will look into the validity of Razian justification of the authority. Basing on the practical reason and the reason theory is one of the outstanding contribution Raz has done for the authority theory, and the Razian justification of authority do really coming up with some sort of answer to the paradoxes of the authority. However, there also remains some shortness, such as some practical imperfectness caused by he Razian personification of the legislation body, as well as the failure to makes the distinguishing of legal legitimation and legal effectiveness. Although with some shortness and being imperfect, Razian authority theory is still one of the most outstanding and successive theory in elaborating the authority of law.
Keywords/Search Tags:Raz, authority, justification, reason, the pre-emption thesis, the dependence thesis, the normal justification thesis
PDF Full Text Request
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