The Question of Law

Young Kim's normative theory of law emphasizes obedience to legal-rational political authority and the enforcement of rules of human behavior by legitimate legal-rational political authority, with justice providing the moral framework for rule articulation.

Format: Hardback
Length: 208 pages
Publication date: 08 January 2024
Publisher: Bloomsbury Publishing Plc

Young Kim's exploration of foundational political and moral concerns leads to the development of a novel normative theory of law. This theory is expressed through two principles, which are presented in lexical priority:
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 perspective recognizes the political nature of law, including the power to enforce rules. Consequently, the question of law is primarily viewed as a matter of obedience, examining when and how it is appropriate to comply with the law. Additionally, justice serves as the moral framework that shapes the articulation of legal rules. Law should serve the demands of justice, particularly the theory of justice as right actions, which is guided by moral concerns.

Weight: 485g
Dimension: 237 x 160 x 22 (mm)
ISBN-13: 9781666938272