Overview Since the Western legal system became dominant throughout the world, understanding the foundational thoughts that formed such a system have become an important task for scholars outside the West. It would not be an exaggeration to say that, when adopting a foreign legal system, the degree of comprehension of its philosophical background determines the success of its adoption. The conveners of this special workshop are all Ph.D. students in Legal Philosophy in Korea, struggling to understand legal philosophers who heavily influenced the Western legal system.

Each of us is interested in Jeremy Bentham, John Austin, Gustav Radbruch, and Hans Kelsen. Bentham and Austin’s theories of 19th-century England are recognized as the beginning of modern legal positivism, separating law from morality. The theoretical works of Radbruch and Kelsen are among the most important fruits of German legal philosophy that flourished in the 20th century. We found that delving into these four philosophers would greatly contribute to understanding the legal system. Thus, we aim to share our observations on them with the expectation of fostering productive conversations with people from various origins and backgrounds.

Anyone who finds them intriguing is welcome to present their insights in this workshop. Also, we cordially invite scholars who would like to give any comments or advice regarding these philosophers. We are looking forward to developing our thesis further based on the constructive discussion of this workshop.

Presentation by Convenors
Kang, Youngsun - The Problem of Human Rights in Jeremy Bentham and Confucius
Human rights are frequently proposed as a solution to problems of justice. This presentation aims to suggest that our talks on justice should be focused on duties instead of human rights by conducting a comparative analysis between Bentham, a prominent figure opposing the concept of human rights, and Confucius, a philosopher often misapprehended as an example to prove that the idea of human rights is not exclusively a Western concept.

Jung, Junyoung - Bentham and Austin on the Nature of Jurisprudence
Bentham and Austin are regarded as the founders of British legal positivism. However, as noted by William Twining, they differed significantly. Bentham distinguished between the is and the ought of law in pursuit of the latter, whereas Austin did so to identify the former. This presentation will initially juxtapose Bentham with Austin, examining their respective approaches to the nature and methodology of jurisprudence. Secondly, drawing on the insights of Gerald J. Postema, if it could be argued that the limitations of Austinian analysis jurisprudence could be overcome by "sociable jurisprudence as vera philosophia" exemplified by Bentham, the presentation will explore the possible implications of such an argument for addressing particular legal problems.

Park, Seokhoon - Justice and Equity in Gustav Radbruch’s Philosophy of Law
Although Radbruch barely elaborated on the concept of equity (Billigkeit) per se, taking the relationship between jus8ce and equity in his theory seriously could serve as an important foundation for understanding his legal philosophy, particularly his own methodological dualism. Thus, this presentation will investigate how Radbruch treats equity in his philosophical works and clarify his thoughts.

Park, Siwoo - Misunderstanding of Legal Positivism in Korea: Reviewing Critical Arguments
Against the Non-prosecution Disposition of Offenders of the 5.18
Democratization Movement Based on Hans Kelsen
The works of legal philosophers have been quoted by the Korean Prosecution Service in their Non-prosecution disposition regarding the 5.18 Democratization Movement, and there have been critical arguments against it. However, in these documents, misunderstandings and misconceptions about the contents and rationale of legal positivism are found. This presentation attempts to disclose misreadings of legal philosophers in Korea, focusing on the relevant works and thoughts of Hans Kelsen.

Submission Guidelines We welcome participants to submit abstracts (300–500 words) written in English.
Abstracts should be sent to youngsunkang.paulina@gmail.com by April 19. Please ensure to include your name, affiliation, and contact information in your email.

Final papers are expected to be circulated by June 28. Submission of a full paper is highly encouraged, but not mandatory.

Workshop format The workshop will be conducted in English. Further information regarding its format will be provided in due course. Any inquiries are welcome at youngsunkang.paulina@gmail.com.