Overview

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. Kim further subscribes to the view that 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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9781666938272

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Indisputably a thought-provoking book. A permanent addition to the literature of the subject --rich both in scholarship and insight. --Arhat Virdi, University of Oxford

Author Information

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.

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