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The Practical Philosophical Turn In Raz's Legal Theory

Posted on:2017-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:W J CaoFull Text:PDF
GTID:2336330488972775Subject:Legal theory
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From theoretical Philosophy to practical ph ilosophy is an im portant direction of the development of philosophy, the emphasis of th e philosophical tradi tion of daily language analysis, which was created by Frege and de veloped by Wittgenstein, is the philos ophical understanding as a practice and a knot of(concep t) language. Hart inherited this tradition, began to emphasize the important role of practice in his legal research, and strive to establish the theory of legal positivism on practice philosophy.Raz inherited Hart's philosophy on practice an alysis, and take it as the cornerstone of his theory. Raz carries out the m ethod of practical philosophy on the analysis from reasons for action to norm. In this process, practi ce as a reason for people to communicate action and as a normative role. At the same time, we can see that practice plays "the decider” in the process of resolving the conflict of reasons.Raz's more thorough implem entation of the ph ilosophy of practice is the theory of its legal authority. First, Raz clarify the concep t of authority, establish a concept of Raz 's authority; and refute the W olf's authority paradox; and then Ra z created a practical authority through the authority of the law as: The law must advocate the authority of legitimacy and the law has ability to hold author ity, finally completed a practice of the theory of legal authority.In this paper, i divided the discussion of Raz legal theory in pr actice philosophical into the following parts: in the f irst part,i summariz ed the theory of legal positiv ism and philosophical basis of research methods before the time of Raz, thereby partially showing the background of why Ra z turned to practical philosophy;In the second part, m ainly talking about the reason's theory,normative theory and legal authority of Raz, to show the Show the practical of Raz's Theory.Finally, according to the th eoretical analysis of Raz in this paper, show the contribution to legal positivism which m ade by Raz with the practice of philosophy.
Keywords/Search Tags:exclusionary reasons, The authority of law, practical philosophy
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