Introduction to Philosophy of Law and Legal Theory
 |
Description
Book Introduction
After the first edition was released, it was revised to identify areas that were lacking or needed improvement.
However, while maintaining the basic direction of this book, some of the contents have been revised and supplemented, and examples from our case law have been significantly added.
This book focuses on developing and concretizing the critical legal positivism of the late Professor Shim Heon-seop.
The legal theory of 'critical legal positivism' is actually possible and working in legal studies and practice.
Therefore, this book emphasizes that legislators and legal practitioners must be conscious of and aware of this perspective, stating that only then can we obtain just laws and enable the development and change of the law.
The methodology developed as a legal theory in the latter part of this book is modeled after German theory, and is a methodology that the author has long been trying to apply to our laws and case law. Thanks to the author's efforts, a significant portion of this methodology has been accepted in our case law and academia.
However, the author states that these methodologies are merely navigators capable of measurement and calculation, and can only show the way to the right law, and that legal philosophy, which goes beyond legal theory, plays a role in setting direction by providing the foundation or perspective for legal thinking.
Like the first edition, this book covers difficult legal philosophy and theory, but we have tried to write it in a way that is as easy to understand as possible.
Therefore, lawyers, law students, and citizens interested in law will be able to easily approach legal philosophy and legal theory through this book, and will be able to view them from a professional perspective.
However, while maintaining the basic direction of this book, some of the contents have been revised and supplemented, and examples from our case law have been significantly added.
This book focuses on developing and concretizing the critical legal positivism of the late Professor Shim Heon-seop.
The legal theory of 'critical legal positivism' is actually possible and working in legal studies and practice.
Therefore, this book emphasizes that legislators and legal practitioners must be conscious of and aware of this perspective, stating that only then can we obtain just laws and enable the development and change of the law.
The methodology developed as a legal theory in the latter part of this book is modeled after German theory, and is a methodology that the author has long been trying to apply to our laws and case law. Thanks to the author's efforts, a significant portion of this methodology has been accepted in our case law and academia.
However, the author states that these methodologies are merely navigators capable of measurement and calculation, and can only show the way to the right law, and that legal philosophy, which goes beyond legal theory, plays a role in setting direction by providing the foundation or perspective for legal thinking.
Like the first edition, this book covers difficult legal philosophy and theory, but we have tried to write it in a way that is as easy to understand as possible.
Therefore, lawyers, law students, and citizens interested in law will be able to easily approach legal philosophy and legal theory through this book, and will be able to view them from a professional perspective.
index
Preface to the First Edition
Preface to the Second Edition
Chapter 1: Philosophy of Law and Legal Theory, Legal Interpretation, and Legal Practice
1.
introduction
2.
Philosophy of law
3.
The significance and function of legal theory
4.
Department of Legal Interpretation and Legal Practice
5.
Philosophy of Law and Legal Practice
Chapter 2: Problems with the Concept of Law
1.
What is 'legal'?
2.
What is law?
3.
Subjective law-rights
4.
Sintering
Chapter 3: Natural Law Theory and Legal Positivism
1.
introduction
2.
A Brief History of Natural Law
3.
Theories of legal positivism and neopositivism
4.
New trends in modern times
5.
Modern Legal Positivism: The Two Major Mountains
6.
Convergence and Approach of Natural Law Theory and Legal Positivism
7.
Sintering
Chapter 4: The Problem of Legal Ideology
1.
The three elements of legal philosophy
2.
Legal ideology
3.
Matters of law and morality
Chapter 5: Problems in the Theory of Justice
1.
What is justice?
2.
commutative justice and distributive justice
3.
The Golden Rule as a Principle of Justice
4.
A Brief History of Justice
5.
The Role and Limitations of Negationism and Theory of Justice
-The dangers of excessive expectations and rational skepticism and criticism
6.
Conclusion - Subjective Justice Theory and Critical Justice Theory
Chapter 6 Problems of the Function and Effect of Law
1.
Functions of law
2.
Effect of law
Chapter 7 Legal Norms and Legal Systems Theory
1.
Legal norms
2.
Legal System Theory
Chapter 8: Theory of Legal Sources
1.
The significance of the concept of court
2.
Types of courts
3.
Judicial theory of judgment positivism
4.
pluralistic courts
5.
Legislative theory and legal policy
6.
Sintering
Chapter 9 Law, Language, and Methodology
1.
Law and Language
2.
Legal Methodology - Methods of Legal Interpretation
3.
Legal Methodology - Whether and How Law Formation Is Permissible
4.
Special problems of interpretation
5.
Limitations and Challenges of Sintering Methodology
Chapter 10: Law and Force, Power, and Revolution
1.
The concept of power and law
2.
Revolution, rebellion, and coup
3.
The right to resistance and civil disobedience
4.
Sintering
Chapter 11: Problems in Legal Theory
1.
Legal Act Theory
2.
The requirement for litigation is protection of legal interests
-Scope of legal intervention
3.
Theory of administrative law
4.
Key Legal Concepts
5.
New legal issues and legal theories
Chapter 12 Conclusion
1.
Fundamental values of the Constitution
-Guarantee of fundamental rights, democracy, and the rule of law
2.
The tasks of legal philosophy and legal theory
References
Search
Preface to the Second Edition
Chapter 1: Philosophy of Law and Legal Theory, Legal Interpretation, and Legal Practice
1.
introduction
2.
Philosophy of law
3.
The significance and function of legal theory
4.
Department of Legal Interpretation and Legal Practice
5.
Philosophy of Law and Legal Practice
Chapter 2: Problems with the Concept of Law
1.
What is 'legal'?
2.
What is law?
3.
Subjective law-rights
4.
Sintering
Chapter 3: Natural Law Theory and Legal Positivism
1.
introduction
2.
A Brief History of Natural Law
3.
Theories of legal positivism and neopositivism
4.
New trends in modern times
5.
Modern Legal Positivism: The Two Major Mountains
6.
Convergence and Approach of Natural Law Theory and Legal Positivism
7.
Sintering
Chapter 4: The Problem of Legal Ideology
1.
The three elements of legal philosophy
2.
Legal ideology
3.
Matters of law and morality
Chapter 5: Problems in the Theory of Justice
1.
What is justice?
2.
commutative justice and distributive justice
3.
The Golden Rule as a Principle of Justice
4.
A Brief History of Justice
5.
The Role and Limitations of Negationism and Theory of Justice
-The dangers of excessive expectations and rational skepticism and criticism
6.
Conclusion - Subjective Justice Theory and Critical Justice Theory
Chapter 6 Problems of the Function and Effect of Law
1.
Functions of law
2.
Effect of law
Chapter 7 Legal Norms and Legal Systems Theory
1.
Legal norms
2.
Legal System Theory
Chapter 8: Theory of Legal Sources
1.
The significance of the concept of court
2.
Types of courts
3.
Judicial theory of judgment positivism
4.
pluralistic courts
5.
Legislative theory and legal policy
6.
Sintering
Chapter 9 Law, Language, and Methodology
1.
Law and Language
2.
Legal Methodology - Methods of Legal Interpretation
3.
Legal Methodology - Whether and How Law Formation Is Permissible
4.
Special problems of interpretation
5.
Limitations and Challenges of Sintering Methodology
Chapter 10: Law and Force, Power, and Revolution
1.
The concept of power and law
2.
Revolution, rebellion, and coup
3.
The right to resistance and civil disobedience
4.
Sintering
Chapter 11: Problems in Legal Theory
1.
Legal Act Theory
2.
The requirement for litigation is protection of legal interests
-Scope of legal intervention
3.
Theory of administrative law
4.
Key Legal Concepts
5.
New legal issues and legal theories
Chapter 12 Conclusion
1.
Fundamental values of the Constitution
-Guarantee of fundamental rights, democracy, and the rule of law
2.
The tasks of legal philosophy and legal theory
References
Search
Publisher's Review
With the advancement of democracy, human rights, and the rule of law at the national level, the question of whether the law can contribute not only to the protection of citizens but also to the stability of society and the economy and resolve social conflicts through equal and just distribution has become increasingly important.
Furthermore, the question is whether international law or the development of the law of the national community can contribute to world peace and help solve global challenges such as the environment, climate, and trade.
Of course, these difficult challenges cannot be solved solely through legal means, but future legal philosophy and legal theory must present the best methods and visions for how law can intervene and engage with the people of this difficult planet.
In this sense, this book contains the author's deep and detailed considerations on these issues.
Meanwhile, legal philosophy and legal theory have addressed diverse and difficult problems, but the answers have varied depending on the era and perspective, and even under a single positive law, there have been only various proposed solutions.
This book examines the philosophy of law and legal theory from various perspectives.
In it, we can also see traces of the author's worries and efforts, and these things come back to us and make us ask essential questions.
It also makes us learn about and feel the various definitions related to the law that have developed and accumulated over time, and think about how to apply them to our lives in the future.
Through this book, let us once again consider the reason for the existence of legal philosophy and legal theory.
Furthermore, the question is whether international law or the development of the law of the national community can contribute to world peace and help solve global challenges such as the environment, climate, and trade.
Of course, these difficult challenges cannot be solved solely through legal means, but future legal philosophy and legal theory must present the best methods and visions for how law can intervene and engage with the people of this difficult planet.
In this sense, this book contains the author's deep and detailed considerations on these issues.
Meanwhile, legal philosophy and legal theory have addressed diverse and difficult problems, but the answers have varied depending on the era and perspective, and even under a single positive law, there have been only various proposed solutions.
This book examines the philosophy of law and legal theory from various perspectives.
In it, we can also see traces of the author's worries and efforts, and these things come back to us and make us ask essential questions.
It also makes us learn about and feel the various definitions related to the law that have developed and accumulated over time, and think about how to apply them to our lives in the future.
Through this book, let us once again consider the reason for the existence of legal philosophy and legal theory.
GOODS SPECIFICS
- Date of issue: February 22, 2023
- Page count, weight, size: 392 pages | 152*225*30mm
- ISBN13: 9788931559422
- ISBN10: 8931559429
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