The Question of Law
1st Edition
Published on 8. January 2024
208 pages
979-8-216-33775-1 (ISBN)
Description
In pursuit of the question of law, Young Kim explores foundational political and moral concerns and develops a new normative theory of law. This theory of law may be stated as two principles, in lexical priority, as follows:
First Principle: One should obey those laws of legal-rational political authority that do not otherwise violate societal norms and customs.
Second Principle: Government should only enforce rules of human behavior of legitimate legal-rational political authority.
This view understands the foundation of law to be political, including the power to enforce rules. Thus, as this book argues, the question of law is seen primarily as a question of obedience-whether and in what circumstances it is appropriate to obey the law. Furthermore, justice is seen as providing the moral framework within which rules of law are articulated. Law should serve the demands of justice; in particular, the theory of justice as right actions, which is led by moral concerns.
First Principle: One should obey those laws of legal-rational political authority that do not otherwise violate societal norms and customs.
Second Principle: Government should only enforce rules of human behavior of legitimate legal-rational political authority.
This view understands the foundation of law to be political, including the power to enforce rules. Thus, as this book argues, the question of law is seen primarily as a question of obedience-whether and in what circumstances it is appropriate to obey the law. Furthermore, justice is seen as providing the moral framework within which rules of law are articulated. Law should serve the demands of justice; in particular, the theory of justice as right actions, which is led by moral concerns.
More details
Edition
1. Auflage
Language
English
Place of publication
United States
Publishing group
Bloomsbury Publishing Plc
Target group
Professional and scholarly
Illustrations
1 Table
ISBN-13
979-8-216-33775-1 (9798216337751)
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Schweitzer Classification
Other editions
Additional editions
Person
Young Kim is a practicing lawyer and has taught at Northwestern University Pritzker School of Law, the University of Luxembourg Faculté des Droits et d'Economie, and the University of Colorado School of Law.
Content
Introduction
Part I: A Theory of Law
Chapter 1: What Is Law?
Chapter 2: Obligations
Chapter 3: Values and Norms
Part II Early Theories of Law
Chapter 4: Classical Views
Chapter 5: Natural Law
Chapter 6: Legal Positivism
Part III Political Foundations of Law
Chapter 7: Political Society and Civil Government
Chapter 8: Liberalism
Chapter 9: Group Rights
Chapter 10: International Relations
Part IV Contemporary Theories of Law
Chapter 11: Natural Law
Chapter 12: Social Facts
Chapter 13: Legal Positivism
Part V Justice and Law
Chapter 14: Contemporary Theories of Justice
Chapter 15: Justice and Law
Conclusion: Normative Principles of Law
Works Cited
About the Author
Part I: A Theory of Law
Chapter 1: What Is Law?
Chapter 2: Obligations
Chapter 3: Values and Norms
Part II Early Theories of Law
Chapter 4: Classical Views
Chapter 5: Natural Law
Chapter 6: Legal Positivism
Part III Political Foundations of Law
Chapter 7: Political Society and Civil Government
Chapter 8: Liberalism
Chapter 9: Group Rights
Chapter 10: International Relations
Part IV Contemporary Theories of Law
Chapter 11: Natural Law
Chapter 12: Social Facts
Chapter 13: Legal Positivism
Part V Justice and Law
Chapter 14: Contemporary Theories of Justice
Chapter 15: Justice and Law
Conclusion: Normative Principles of Law
Works Cited
About the Author
