The Legal Effect Of The Source

The origin of legal validity is one of the primitive problems on jurisprudence, the most genres of law have researched it .But their opinions and effects are different .In the history of law, Natural Law, Positivist Jurisprudence and Sociological School of Law are the man role. Some of them are directly conflictive, and further is supplementing each other. In mis thesis, I think that the maximal benefit to existence and development of human being is origin of legal validity. The thesis consists of three chapters.The first chapter analyzes the concerned concept about origin of legal validity. First, the author think the legal validity only refer to the legal efficiency to the being. The standard of legal validity is whether the law is generally conformed. The second problem research the concept of origin of legal validity. It means that why human being conforms to the law and why the law has the bond to the mankind. The third part investigates the different between legal validity and the grade of validity. Subject of the last part is that the origin of legal validity equals to the legitimacy of law.The second chapter mainly researches the opinion on the origin of legal validity from three—genre. The author selects two jurists from Positivism Law, they are Hans Kelsen and H·L·A Hart Hans Kelsen think law is pure science. Legal validity only means law ought to have validity, not means it must be obeyed. So he insists that validity as it ought to be is different to as it is. Hans Kelsen concluded that the basal norm is the origin of legal validity. H-L-A Hart think mat law is consist of primary rule and second—degree rule. He takes the granted rule as the standard of authority that can be quotative to establishment So H·L·A Hart insist that granted rule is the origin of legal validity.Natural Law takes them as the origin of legal validity. At the beginning Natural Law origin from the opinion of "fate", then it turns into natural rule or reason from universe, God or person. Natural Law is to lay particular emphasis on justice, impartiality and freedom of one's own. Their faults are that all the rights can't be proved.Roscoe Pound, the representative figure of Sociological School of Law, thinks that law is a kind of social engineering. The criterion to judge the law is that social action and social...