The Question of Law

The Question of Law proffers an original theory of law, stated as two normative principles. Law is seen having a political foundation, with the question of law thus becoming a question of obedience – whether and in what circumstances it is appropriate to obey the law. Kim further maintains that law should serve the demands of justice. 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.