법적 타당의 존재론적 근거 = The study on the basis for validity of law by ontology of law

다국어 초록 (Multilingual Abstract)

The nature and validity of law and their basis is one of the fundamental and essential question in the area of philosophy of law. It is also meant to be in ontological aspects, as this philosophical inquiry about the nature and validity of law. However, due to ambiguity, how recognize their concepts governs direction of study on the basis for nature and validity of law. Therefore, it is assumed that legal theory of reasonable ground of law must consists in concept of law and its validity as essential component. In this paper, I will attempt to define the concept of law and its basis for validity with respect to traditional problem of legal philosophy, ‘Is and Ought’. First of all, I will examine theoretical position of legal conceptualism in the philosophy of law. Second, I show the difference between theory of concept of law itself and of its validity through explaining how the set-up position can be related to the principle of legal conceptualism. Lastly, I will formulate definition of legal reason of foundation based on the ontological concept of law satisfying factual and normative aspects simultaneously. Law is not only normative domain in our culture, morality, religion, social conventions and so on, also guide human conduct in factual domain. The ontological basis can consolidate factual validity and normative validity within its own boundary.