The Interpretation Of Joseph Raz's Legal Concept

The separability thesis is the core proposition of the positivist jurisprudence. In order to meet the needs of the times, the positivist jurisprudence continues to improve and develop their own ideas, and then forms different versions. No matter how big the differences between them, almost all of the positivist jurisprudences agree separability thesis . So separability thesis is the key for one legal theory known as positivist. Of course, the understanding of separability thesis within the positivist jurisprudence has also undergone a process of development. The positivist jurisprudence which represented by John Austin and Hans Kelsen, insist on"Strong separability thesis",which considers that law and morality must be separated. However, The positivist jurisprudence which represented by H.L.A.Hart and J.Coleman insist on"Weak separability thesis", which considers that law and morality can be separated. So the attitude of separability thesis of positivist jurisprudence has gone through a softening process, in other words it has gone through such a development process from"Strong separability thesis"to"Weak separability thesis". For the attitude of separability thesis, Joseph Raz insist on the"Strong separability thesis". In order to insist on the"Strong separability thesis", Joseph Raz proposed the"sources thesis", which considers The existence and content of the law are determined by the social origin. According to this access, the " separability thesis " is interpreted like this ,when determining the existence and content of the law there is no need for moral evaluation. To support the"separability thesis", Joseph Raz introduces the authority thesis of philosophy of practice to the field of legal theory. He believes that law is authoritative in nature, it is because the law has the authority that the identification of legal norms can not resort to the contents of this specification of their own as the behavioral reasons. In order to solve the problem of legal authority,"The theory of reason"was introduced from the field of practical philosophy and solve the problem of legal authority from the view of"The theory of reason". So that, Joseph Raz remove the moral factors from the field of the law, through using the"The theory of reason"to explain the"the authority of law theory"and using"the authority of law theory"to protect the sources thesis. Joseph Raz insist on"Strong separability thesis", and form a very special theory——"the exclusive positivist legal"。...