Joseph Raz’s Theory of the Legal System and Implications for the Study of Legal Theory in Vietnam

Abstract

Legal theory inquiries in Vietnam today focus mainly on the relationship between power and the nature of the law, which is concretized as the relationship between the state and society in relation to power. This article introduces Joseph Raz’s conception of the “legal system” and discusses the theory of the legal system in light of the theories held by classical legal positivists such as Austin and Kelsen to modern legal positivists such as Hart and Raz. Throughout the article, theory of a legal system is analyzed alongside popular conceptions of law and the legal system in Vietnam to clarify the applicability of Raz’s theory to Vietnamese legal inquiries. The article then provides some implications for the future study of the rule of law and legal theory in Vietnamese legal research.