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At The Beginning Of Raz Theory Of Authority Of Law Theory

Posted on:2018-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y HuFull Text:PDF
GTID:2416330515466289Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Thousands of years of traditional culture seriously affected the process of the construction of the rule of law in our country,the development of social rule of law is still in its infancy in our country,with the requirement of the construction of rule of law society in our country.Joseph raz put forward the concept of legal authority and established on the basis of the authority of law theory,the construction of the socialist rule of law in our country has a great value for reference,raz in order to explore the essence of the law,creatively puts forward the concept of "the service concept of authority",raz's legal authority view contains three propositions,respectively is,reasonable proposition,priority dependency thesis proposition.Dependency thesis suggests authority must consider the influence of the other reasons;Justification for thesis suggests authority to consider the feelings of person;Priority propositions that authority is direct influence on the behavior person.Dependency theory and legitimacy theory is demonstrated with legitimacy authority will have to consider other factors,the influence of dependency thesis suggests that the function of the authority.Three propositions demonstrates authority service function,that is to say,authority is in the service of the actor.Three propositions to reveal the reasons about obedience to authority,and a reason to form the common link between actions.Dependency thesis together with the grounds for thesis can meet the moral foundation of legitimate authority need priority proposition reveals people must show as a priority for the authority of reason,In the above three propositions as a reference,to analyze the problem of the authority of the law,we may be able to from the authority of law theory of raz finds a new,better road direction under the rule of law.It can not only deepen and enrich our understanding of the concept of the authority of law,so as to reflect on our country's legal construction process,to help us find out of the plight of the rule of law in theory,it can help us to cultivate citizens set up the correct view of legal authority to provide the realistic guidance,thus the benign operation and the rule of law construction in our country,the comprehensive development to lay a solid foundation.
Keywords/Search Tags:raz, The authority of law, Service authority, The rule of law
PDF Full Text Request
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