Font Size: a A A

The Study Of Raz's Legal Legitimacy Thought

Posted on:2018-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:G D ZhangFull Text:PDF
GTID:2336330533456085Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The contemporary Western analysis positivist jurists,represented by Raz,hope to clarify the legitimacy of the law as a legal source of knowledge and an independent existence of the legal and reasonable trust of the law by clarifying the relationship between law and morality Authoritative action reason system.This article intends to use this method to analyze and analyze this article,through the use of legal research in the usual use of comparative methods,value analysis,historical research,functional analysis and other means,through the first part of the Raz on Austin use of sovereign Order and Kelsen use the basic normative theory to explain the criticism of the legal system.On the basis of drawing on and absorbing Hart's legal system theory,Raz argues that the law should be the reason for the exclusion and legitimacy of regulating social facts The rule of law,that is,through the second part of its interpretation of the idea,from the law as an exclusive existence should first have the authority to start in the analysis of authoritative type,pointed out that the normative law should be closely related with the authority of the existence of The rule of law is the prerequisite for the law to rise from the obedience of the people to the inner obedience,and the further deepening of the rule of law is the law of the existence of exclusivity to force people to become obedient to serve the social action of the people and become the moral More favorable weapon.From the authoritative classification to the service of the authority of the layers of progressive presentation in order to be able to deep into the theory of Raz's theory of law inside,to clarify the Raz as an exclusive legal positivist on the legal system to maintain the position.The third part is the combination of the characteristics of the times of the life of Raz,hoping to make a very shallow knowledge of the author of Raz's legal legitimacy theory to make a little understanding and thinking,to explore the essence of its ideological system,tracing Raz legal authority The ideological value of the system,the value of the times.
Keywords/Search Tags:Legal System, legality, Legal authority, Service authority
PDF Full Text Request
Related items