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The Question of Law
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2024
Summary
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.
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Bibliographic data
Copyright year
2024
ISBN-Print
978-1-66693-827-2
ISBN-Online
978-1-6669-3828-9
Publisher
Lexington, Lanham
Language
English
Pages
198
Product type
Book Titles
Table of contents
ChapterPages
Contents No access
Acknowledgments No access
Introduction No access Pages 1 - 2
Chapter 1 What Is Law? No access
Chapter 2 Obligations No access
Chapter 3 Values and Norms No access
Chapter 4 Classical Views No access
Chapter 5 Natural Law No access
Chapter 6 Legal Positivism No access
Chapter 7 Political Society and Civil Government No access
Chapter 8 Liberalism No access
Chapter 9 Group Rights No access
Chapter 10 International Relations No access
Chapter 11 Natural Law No access
Chapter 12 Social Facts No access
Chapter 13 Legal Positivism No access
Chapter 14 Contemporary Theories of Justice No access
Chapter 15 Justice and Law No access
Conclusion No access Pages 169 - 184
Works Cited No access Pages 185 - 192
Index No access Pages 193 - 196
About the Author No access Pages 197 - 198
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