Joseph Raz - The Authority of

Law: Essays on Law and Morality 2. What is the difference between strong
and weak social thesis?
Legal Positivism
While their general terms suggest an
1. What is the social thesis in legal
endorsement of the strong social thesis, their
positivism? actual doctrines rest on efficacy and
Raz has claimed that the social thesis has institutionality as the only conditions
always been at the foundation of positivist concerning the social foundation of the law.
thinking about the law and that its semantic Let the combination of these two conditions
and moral consequences have all too often be called the weak social thesis. (p. 45)
been misunderstood. (p. 41)
The difference between the weak and the
Summarize each position made by Raz: strong social theses is that the strong one
First, the thesis assumes that any complete insists that the existence and content of
theory of law includes tests for the every law is fully determined by social
identification of the content and sources. On the other hand, the weak thesis
determination of the existence of the law. (p. builds into the law the conditions of
40)
efficacy and institutionality. (p. 46)
Secondly, the thesis assumes that there is a
The two theses are logically independent.
sufficiently rich vocabulary of value-neutral
The weak thesis, though true, is insufficient
terms. It does not assume that there is a clear
to characterize legal positivism. It is
and sharp break between value-laden and
compatible with: (p. 46)
value-free terms. Nor is it committed to any
(a) Sometimes the identification of some
side in the naturalist/anti-naturalist dispute.
laws turns on moral arguments; but also with
(p. 40)
(b) In all legal systems the identification of
some laws turns on moral argument.
Thirdly, the thesis does not require
disregarding the intentions, motivations, and
moral views of people. Value-neutrality does The first view (a) depends on the contingent
not commit one to behaviourism. (p. 40) existence of source-based law making moral
considerations into the criteria of validity in
certain cases, the second view (b) asserts a
Finally, it is worth noting that the social
conceptual necessity of testing law by moral
thesis can be divided into two: (p. 40) A
argument and is clearly on the natural law
social condition is (1) necessary; or (2)
side of the historical positivist/natural law
sufficient for identifying the existence and
divide. (p. 46)
content of the law: A rule is a legal rule only
if it meets a social condition.
 Additional notes below~
3. Semantic thesis
Meaning of ‘positivism’ in legal The positivist semantic thesis which can be
philosophy and the positivist analysis of identified as common to most positivist
the law. theories is a negative one, namely, that terms
like ‘rights' and ‘duties' cannot be used in the
Joseph Raz claimed that the easiest approach
same meaning in legal and moral contexts.
to identifying the controversial gap This vague formulation is meant to cover
concerning legal positivism is through the such diverse views as: (1) ‘moral rights' and
following groups of theses: the social thesis, ‘moral duties'; or (2) ‘rights' and ‘duties'; or
the moral thesis, and the semantic thesis. (3) the meaning of ‘legal rights and duties'.
These are the three pivotal areas that demand
emphasis and have been at the center of Of these, the social thesis is the most
determining the meaning of positivism in fundamental. It is also responsible for the
legal philosophy. (p. 37) name positivism, which indicates the view
that the law is posited and is made law by the
The positivist analysis or identification of
activities of human beings. Since, by the
the law is based on its moral value and the social thesis, what is law is a matter of social
meaning of its key terms. fact, it follows that conformity to moral
values or ideals is in no way a condition for
Positivists Theses:
anything being a law or legally binding. (p.
38)
1. Social thesis
In the most general terms the positivist social Hence, the law's conformity to moral values
thesis is that what is law and what is not is and ideals is not necessary. It is contingent
a matter of social fact (that is, the variety of on the particular circumstances of its
social theses supported by positivists are creation or application. The moral merit of
various refinements and elaborations of this the law depends on contingent factors, and in
crude formulation). legal philosophy, the claim that what is law
and what is not is purely a matter of social
2. Moral thesis fact leaves it an open question whether or not
The positivist moral thesis is that the moral those social facts are the general conditions
value of law (both of a particu- lar law and for human existence. Put somewhat more
of a whole legal system) or the moral merit precisely, this means that normative
it has is a contingent matter dependent on the language, when used to state the law, does
content of the law and the circumstances of not always carry its full normative force. (p.
the society to which it applies. 39)

Nature of legal positivism

The Nature of legal positivism is its
 proclamation that morality and law doesn’t policy is just, wise, efficient, or prudent is
have a necessary connection. This idea is not a sufficient reason to consider it the law,
called the separability thesis, and this and conversely, its injustice, imprudence, or
separation of law and morality predicates the inefficiency doesn't
entirety of this school of thought. Law does necessarily cast doubt on its legal status.
not depend on any moral content or ethical According to positivism, law is defined by
goodness, instead it's based on its what has been established, decided upon,
compliance with certain rules or criteria that practiced, or tolerated.
determine its legal status.
Meaning of logical positivism
(Raz utilized an analytical approach in his
Logical positivism or logical empiricism
formulation of his theoretical jurisprudence.)
asserts that the ultimate foundation of
(Raz’s focuses on the social thesis aspect of
knowledge is rooted in public experimental
the definition of what separate is, instead of
verification or confirmation, rather than
the value thesis, and thus creates his own
relying on personal experience. Proponents
formulation of a strong social thesis.)
of logical positivism primarily concern
Meaning of legal positivism themselves with language, which includes
categories of the question of meaning and
Legal positivism is the idea that the presence meaninglessness. And that genuine
and substance of law are contingent upon knowledge about the natural world can be
societal circumstances rather than on its expressed through a unified language.
merits.
In the context of Legal positivism, logical
Supplementary Info positivism and the former share a common
heritage in the broader philosophical
The legal positivists position however is tradition of positivism, but they are generally
more nuanced than how it is characterized by distinct branches of philosophy that focus on
many. The positivist stance doesn’t diminish different areas of inquiry. Positivism in
the significance of law's merits; rather, it general emphasizes empirical observation,
asserts that these merits do not determine the verifiability, and a commitment to rejecting
existence of laws or legal systems. The metaphysical or non-empirical claims.
presence of a legal system in a society relies
on specific governance structures rather than Legal positivism is concerned with the
its alignment with ideals such as justice, nature of law, particularly the sources and
democracy, or the rule of law. The laws in validity of legal norms.
force within that system are determined by
the social standards recognized as Logical positivism is a school of thought
authoritative by its officials, which could within philosophy of science and the
include legislative enactments, judicial philosophy of language. It is primarily
decisions, or social customs. Whether a concerned with the philosophy of language,
 the nature of scientific knowledge, and the criteria for meaningful statements.

In loving memories of: ❤️

Bonono III
Cantoria I
Loyao II
Olmilla I
Rebato I
San Antonio I

You will be missed uwu ��