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The Brief Introduction Of Legal Authority

Posted on:2015-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y T HuFull Text:PDF
GTID:2296330422982651Subject:Legal theory
Abstract/Summary:PDF Full Text Request
As a system to adjust people’s behavior, law acquire for the authorities necessary. As weall know, Raz is the people who make the most progress on the theory of Legal Authority,There is no doubt that Raz hold the Authority Thesis to support its "Social Sources Thesis",which means the authority thesis is derived from the social reality of argument and answerwhy people should obey law. And to master the Authority Thesis thoroughly, we shouldknow the opinions of Legal positivism and its main opponents about the legal authority,.Only in this way could we understand Raz’s Legal Authority correctly. During the writingprocess, I obeyed the rule strictly.This paper is divided into5chapters, Chapter1is the introduction, we account theproblem from a daily story. Chapter2discuss the concept of legal authority before Raz,mainly introduced t Austin Hans Kelsen Hart and Dworkin. Chapter3mainly introduces theproposition of "Social Sources Thesis" of Raz and its definition of authority, in the firstsection mainly introduced the main content of "Social Sources Thesis" of Raz, The secondsection mainly introduced the authoritative definition of Raz. Chapter4mainly introducesthe theory of Practice of Authority,The first section mainly introduced the exclusivecharacteristics of Practice of Authority, The second section mainly introduced theindependence Practice of authority, The third section mainly introduced the relationshipbetween law and Practice of Authority. The last part is Chapter5,the first section mainlyintroduced The Paradox of Authority raised by Wolf, In the second section, Raz expoundshis Justification of De Jure Authority based on the criticism of the Wolf. The third sectionmainly introduced Raz’s criticism on The Incorporation Thesis and Coherence Thesis.
Keywords/Search Tags:Exclusive, Practice of Authority, De Jure Authority
PDF Full Text Request
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