Interpretation Of The Continuity Of Legal Effect

The issue of legal effect is an unavoidable problem in the process of theoretical research on positivist jurisprudence,and the in-depth study of this problem is also its main theoretical contribution,the content of legal effect mainly includes the origin of legal effect,the scope of validity of legal effect,the hierarchical structure of legal effect and the continuity of legal effect,etc.Among them,the issue of continuity of legal effect is constantly manifested in the course of scholars ' research.Austin took the lead in carrying the banner of positivism,but the command and the Sovereign's theory did not make a good use of the continuity of legal effect,"the law is the order of the sovereign" proposition that the sovereign as the standard to identify whether the law is effective,Austin "rigid" parallel command structure,The inability to explain the diversity of laws and the continuity of legal effects;on this basis,Hart introduced the Rule of recognition into legal theory,uncover the veil of"what is the law?",and he pointed out that the criterion for the validity of the identification law was Rule of recognition,Rule of recognition was of dual significance,It can be used not only as a "law" to provide criteria for the identification of the effects of other rules within the legal system,but also as a factual "external statement",and the rules that are determined by the dual recognition rules are generally observed and accepted by government officials as common Criteria for evaluation,Therefore,the legal system satisfies the above conditions,thus ensuring the continuity and unity of legal effect.In order to show the continuity of legal effect,we should not only clarify Austin's positivist point of view,but also elicit Hart's critique of his neglect of the problem,and put forward the Rule of recognition to explain the continuity of legal effect.Hart's theory also faced many different voices,such as his student,John Finnis,but the main direction of Finnis research is natural law,on the basis of analyzing positivism to carry forward the view of natural law,put forward the theory of common good to respond to Hart,in the theory of Finnis,He proved the legitimacy of law from the basis of natural law or the need of common good,and the continuity of legal effect was not a superficial discussion,but a legitimate source of the law itself,as well as a natural law;and Shapiro,proposed the theory of planning,and in Legality,he expressed the law as a plan that could be shared,The practice of legal authority a planned activity,planning to become the law also requires the presence of officials,who are the perpetrators of legal activities.The source of legal effect is the legal authority ensured by the practical activities of social planning,the legal authority is premised on the existence of imperial planning,and the members of the Society follow this imperial plan,and the position of official can guarantee the continuous execution of the law.Therefore,the theory of planning activities is the foundation,the legal authority is the key to the essence,the legal system can maintain its effectiveness.To explore these different theories,we can better show the overall appearance of the problem of continuity of legal effect.