On The Theories Of Effectiveness Of Law Under Perspective Of Legal Philosophy

It has a debate on the effectiveness of law between the natural law and positive law. It seems that no matter what theory, which referred to the effectiveness of law,should make a choice between the two hostile camps in the great battle. However,both of them had gotten hurt and fallen into the trouble after the war. Fortunately, the predicament has taught us pray and cogitate. In this sense, the proverb is right: people must experience many things together, until the friendship career was completed. Just as Mr Artur·Kaufman said: "The task of the modern law philosophy is to take the uniformity from the divergence.” If we could calm down and try to inspect the validity theory of law on the two sides form the legal philosophy point objectively,those problems above might be what we should self- examin: what else had they experienced in addition to the struggle? what kinds of agreement between them in the process? What kinds of philosophy thought had played a leading role under that progress? If they want to complete their friendship career, what kinds of peace agreement should they hold?Based on the reflection of these problems, this paper attempted to present the evolution process which ranges from the natural law to the positive law as a whole and the philosophy behind the root cause and study the philosophical trend of the effectiveness theory of law. This article was divided into five parts. In the introduction,the paper pointed out that except the divergence of the effectiveness theory of law between the natural law and the positive law, we should pay more attention to the uniformity in the divergence.In the first part and second part, this paper presented preliminarily the revolution process which made the justice of Ephraim, method, purpose and method of the stability of the three legal philosophy as the main line between the two camps by analyzing the theories related to the purpose of this paper and the typical method of the validity of law in the natural law and the positive law, The third part of this paper presented the tortuous process of the three elements further, which seemed like "close long will points, long period would be divided". In the fourth part, this paper pointed out that the objective ontology will be the dominated philosophy which could guide us to the new, unnamed era by discussing the context of philosophy of the evolution of natural law to positive law, namely shifting from the law ontology to the subjective epistemology philosophy paradigm. This philosophy told us that the philosophy of law could come back to nature and itself only by insisting the position of binary methodology and of relativism. It is not only the direction of the philosophy of law,but also the common view which should be held by the effectiveness of law.The last part is the conclusion, the author made a total deliberation on the train thoughts of the natural law and the positive law in the effectiveness theory field and the respective limitations of them, and present the paper’s point about the law philosophy direction of the validity theory of law: We are in an age of transition and change, Existenzphilosophie is the typical philosophy of this time, and this philosophy has provide the philosophy of law’s direction for the effectiveness theory of law,namely that the demonstration on the effectiveness theory of law should insist the two element methodology and the relativist position.