Source Thesis--Raz’s Exclusive Legal Positivism

The law of the nature problem is the each law schools have always been concerned. Raz is the representative of contemporary positivism law school, he ’s unique in that he used to explain the authority of law issues which is basis on the source thesis. Then he try to use an authority of law to explain the nature of law.Raz believes that the authority of law embodied in the actions they provide justification, on the one hand is independent of content, on the other hand has the exclusive.Raz ’s authority obedience is this concept as a tool to demonstrate the legitimacy of authority. Authority is the reason why people move, but in how not help to explain the concept of legal authority on the issue of legal authority, natural law school and positivism law school have difference. The Raz outstanding is that with the “ Justification Theory” to explain the role of authoritative expression in practice.If positivism because “Separate Thesis” to be known to the world, then Raz thesis advocated source( also known as social facts thesis), that is, the basic thesis of legal positivism. Raz’s sources thesis can be summarized as: what is the nature of the law is a kind of practical legitimate authority. Identification of the legal validity of the content of law does not need to resort to moral evaluation, it relies on social source(the social source). Authority and the authority of the evaluation is independent, at this point, Raz’s sources thesis comes from Richard Friedman. Legal norms is an authoritative reasons. Law has the legal authority which can guide people ’s behavior and has no relationship with morality.That is strong social theory( source thesis) which is Raz standing. Authority thesis is supporting to Raz source thesis, and legal grounds which includes exclusive and content-independent is the basis of the authority( in the sense of the legal authority to act on human behavior is the exclusive reason, because the only reason for the exclusive reason to be law to assert itself authoritative). So the second part of the article mainly from the exclusive reason to order the commencement of source thesis.Raz strong social theory is put forward in his debate with Dworkin. Raz source theory is another expression about the nature of law. Raz’s source of one point of view is more controversial, many jurists criticizing Raz’s sources theory is ignoring legal pursuit of value and make the law as a tool and so on. But Raz unique charm that he will be introduced the authority to the nature of the law,which with authority to definite the relationship between law and morality,And the basis of authority of law is source thesis, which the two confirm each other. All laws are based on the source, which is important forunderstanding the entire theoretical system and academic point of view of Raz.