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Max Weber’ Thoughtof Legal Positivism

Author: MaBin
Tutor: LiXueYao
School: Shanghai Jiaotong University
Course: Legal
Keywords: Legal Positivism Normative Formal rationality
CLC: D909.1
Type: Master's thesis
Year: 2011
Downloads: 50
Quote: 0
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Abstract


Whatever the legal doctrine , you can not evade the legal normative . Legal positivism approach is to restore the legal source of normative social facts , thus denying the metaphysical character the Natural Law ultra experience . Weber research as a method of social scientists, scholars tend to focus within the overall framework of the sociology of law , did not appear on its the legal positivist ideology special refining and construction literature . Weber's legal positivism thinking has two main lines , namely the neo-Kantian normative theory and commentary dominated sociological theory , both applicable to the difference between and beyond the Anglo-American legal normative analysis of positive law . In this paper, three propositions . Chapter combing Germany in the 19th century history of legal positivism . The decline of the second interpretation of Western society from historical positivism angle disenchantment caused by the religious and moral beliefs , and created the emergence of legal historicism as a method to achieve the separation of law and morality . Secondly discusses the normative effect of the neo-Kantian - law , the legal effect is derived from the effectiveness of the relationship between the normative proposition . Chapter 3 focuses on the law effective sources of social law through a form of rational procedures to obtain effective sources , and that the form of the normative system , exclude the legal effect outside sources . Chapter strictly defined by the law in the relationship between national law and social law , Weber insisted social pessimism thus a source of law on the issue adhere to the law of sexual theory .

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CLC: > Political, legal > Legal > Theory of law (Law) > History of law,legal history of ideas > World
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