Studies On Razian Legal Authority Theory

The development of the philosophy of law generally in the analysis of the founders of the Law Hart’s theory of the rule of law before the start of the debate around the relationship of law and morality by natural law and positive law. Raz’s theory of legal authority is this philosophy of law refined the context of an important one. This article focuses on the formulation of the theory of the Raz legal authority, the desire to solve the problem, and the actual results achieved. In addition to the introduction and conclusion, the paper is divided into three parts.The first chapter the theoretical background of the authority of the theory, mainly around Hart and Dworkin difference between legal rules and principles, the rule of recognition of moral discernment controversy expand to the clear legal authority in the Philosophy of Law backgroundsources..Raz, represented by the latter to adhere to thorough empirical stance, deny legal recognition of the moral argument, adhere to the proposition of social origin and development of the authority of the theory to support the proposition of social origin, and thus defend the basic position of the exclusive positivism.Chapter II launched the discussion of the theory of legal authority. Raz the positivist social facts proposition to be strengthened, in which the sources added elements, the development of a source of social proposition, in order to distinguish it from the moral argument inclusive positivism weak social facts proposition proposition may arise in the process of identification law Raz adhere to completely rule out the moral argument on the legal position recognition process. Raz the legal authority of the three basic characteristics:dependence, legitimacy and exclusive, and these three characteristics leads to three propositions, that is "dependent proposition" and "exclusive proposition" thus three propositions combination constitutes a the Raz service concept of authority. Raz aware of the plight of political philosophy in theory-one authority paradox, in the face of authority paradox is particularly important to re-examine the authority of the service, the service concept of authority is not only the authority of the legitimate justification, but also on the intermediary role between reason and action play at the perpetrator its own authoritative instructions for other reasons means obedience to authority is not completely negate the behavior of rational autonomy.Chapter Ⅲ, the authority of the theory reset its theoretical background, followed by analysis of the authority of the theory of Dworkin’s coherence proposition and response on the of inclusive positivism resettlement proposition and refuted, to test the authority of the theory in the face on the source of the problem, pointing out that coherent proposition can not be maintained with the authority of the law. Coleman finally focus on the controversy around the rule of recognition of the authority of the theory, pointing out that Coleman’s controversial point is that he accepted the authority of the attributes of the law.The same time, based on Coleman controversial open a conclusion worthy of reflection:moral authority of the theory placement, illustrates Raz’s theory of legal authority on the philosophy of law, in particular the contribution of positivist legal theory.Finally, is the conclusion.