An Initial Analysis Of The Theoretical Basis Of Legal Effects

The starting point of the theories of modern legal effects is focused on the "positive law" rather than the natural law that is endowed with super substantiality.In fact,all the positivisms agree that the social effects certain extents are the preconditions for the legal validity.No matter seen from the perspectives of the legal system,or from the perspective of unitary legal scope,there is not a positivist who claims that the actual effects can only be realized through the compulsive force.In other words,the legal concepts of the modern positivism actually contain an obvious relation between the laws and morality.Under the proposition of "legal effects",the examinations that which effect orientations the positive laws should possess in such aspects as the legal concepts and source of laws,especially from " acceptance of law by social members"(basis of the legal effects.the perspective of the internal participants)has increasingly become a key element for the actual application of the theoretical.In view that the theoretical basis of legal effects is a grand thesis topic,this paper plans to regard legal effects as the main clue,thus fusing such relevant knowledge as "legal concepts","source of law" and " acceptance of law by social members" and combines the "theoretical basis of legal effects" and "my opinions" into one,in anticipation that it can respond to the enlightenment and thoughts regarding the theoretical basis of the legal effects in the domestic and overseas legal circles.Firstly,starting from the "classical dispute"(i.e.laws and morality are not inevitably associated)in the introduction to law,it conducts a discussion of the theoretical basis of the "legal effects" by combining Aleksi's concept of law.Secondly,it aims to provide the relevant legal personnel with a possible basis for the selection of the jurisprudential position.Thirdly,in contrast to law-biding,the acceptance of laws by the social members is endowed with coverage.Therefore,through the correlation study of the acceptance of law by the social members and the theoretical basis of legal effects,the strengthening of legal norms should conform to the concept of the common values of the social members,and,starting from the experience of legal practices,the stipulation of the norms for law-biding has increasingly become a manifestation for the theoretical basis of legal effects that is accepted by the social members.