THE EXCLUSIVE JURIDICAL POSITIVISM. AN INTRODUCTION TO JOSEPH RAZ THEORY

Authors

  • Sheila Stolz da Silveira FURG

Keywords:

Teoría del Derecho. Positivismo Exclusivo. Derecho y Moral. Joseph Raz. Tesis Positivistas.

Abstract

The aim of the present article is to present the concept of Law by Joseph Raz which is centered in the original and controversial notion of Law as authority. According to the philosopher the identification of Law, its moral value and the significance of its basic terms provokes not only discussions and theoretical controversies but also the defining thesis of the juridical positivism, to know: 1) the social thesis; 2) the moral thesis; and 3) the semantics thesis. Such thesis, as it will be noticed by reading the following pages end up being rejected in block or individually for several juridical theories which are in favor or against the juridical positivism. Key words: Theory of Law. Exclusive Positivism. Moral and Law. Joseph Raz. Positivism Thesis.

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