Earticle

초록

영어

There exists a clear limitation in understanding Hobbes' legal theory just by reading 「Leviathan」, because it just presents abstract legal propositions in the context of his political theory. Although 「Dialogue」, which was a late writing of Hobbes, has been little known to legal scholarship, it fully shows his legal doctrine regarding reason, sovereignty and courts.
Therefore, to understand the historical and philosophical background of English law(common law) in the early modern period, it is necessary to read 「Dialogue」. In 「Dialogue」, Hobbes reveals the apparent tension between medieval philosophy and modern one as he did in 「Leviathan」. However, he also tries to mitigate it by mixing natural law theory and positive law
theory in the argument on law. For establishing a coherent legal theory, he systematizes these conflicting concepts of law by locating King's sovereignty in the middle of them. That means because King of England receives the sovereignty by social contract and the law of nature, he is able to make law and the positive law should be respected by people. In sum, in order to
make the people obey the sovereign, Hobbes focuses on reflections of the relation between reason and law depending on complicated legal doctrines.

목차

I. 서론: 홉스의 법이론 개관
 II.「대화편」분석
 III. 홉스의 법이론 정리
 IV. 홉스의 법이론에 대한 비판적 논의
 V. 결론
 참고문헌
 ABSTRACT

키워드

홉스 대화편 코몬로 이성 국왕(주권자) 자연법 실정법 T. Hobbes Dialogue Common law Reason King(sovereign) Natural law Positive law.

저자

• 박종현 [ Park, Jong-Hyun | 서울시립대학교 법학부 강사, 미국 뉴욕주 변호사, 법학박사. ]

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