分析的 法論理學의 傳統에 대한 고찰 - 벤담, 호펠드, 캥어의 이론 비교

• 영문명: On the One Task about Analytical Tradition of Deontic Logic -from Bentham and Hohfeld to Kanger
• 발행기관: 중앙대학교 법학연구원
• 저자명: 金姸美(Kim Yeonmi)
• 간행물 정보: 『법학논문집』法學論文集 第31輯 第1號, 499~523쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.08.30

영문 초록

  The analytical tradition was established by Jeremy Bentham and John Austin, and continued by W.N. Hohfeld. The legal theory formulated by Hohfeld was based on the work of Stig Kanger.
  Before Hohfeld, Bentham considered the central concepts of norm such as rights, obligation (duty), liberty, and power. This normative theory was developed in Of Laws in General. His "the Legal Theory of Imperation " is concerned about the logical relation between command, permission and prohibition. Bentham" logic is represented as a modern calculus of deontic logic. Bentham distinguished between the right to a service and liberty. The right to service is for Bentham regarded as only "correlative" to the relation obligation. Liberty is not a relation between two parties.
  Hohfeld has had a profound effect on the development of the logic of law. His definition and typology of various rights types have influenced Kanger. Kanger"s theory of right is represented by simple types of right and atomic types of theory, or the deontic operator(It shall be the case that) and the action operator(see to it that). Kanger has himself provided the best interpretation of Hohfeld in aspect of deontic logic.

목차

Ⅰ. 서론
Ⅱ. 논리학의 역사
Ⅲ. 법논리학
Ⅳ. 영미분석법학과 법논리학
Ⅴ. 캥어의 이론
Ⅵ. 결론 - 법논리학의 한계

키워드

호펠드(Hohfeld) 벤담(Bentham) 캥어(Kanger) 법논리학(Deontic Logic) 권리(right) 의무(obligation)