법학통론 (3 판 | 양장본 Hardcover)

법학통론 (3 판 | 양장본 Hardcover)

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Description
이번에 새로 출간하는 新법학통론 은 기존 법학통론 교과서의 기본 틀을 그대로 유지하였다. 즉 제1편 총론에서는 곧 법학을 전공하게 될 학생들을 위하여 법의 본질, 법의 목적, 법의 생성과 계통, 법의 연원, 법의 체계, 법의 효력, 법의 적용과 해석, 법학의 방법 등에 대하여 상세히 해설하였고, 제2편 각론에서는 교양으로 법학을 공부하는 학생들을 위하여 헌법, 행정법, 민법, 상법, 형법, 사회법, 소송법, 국제법 등 실정법의 각 분야에 대해서 알기 쉽게 서술하는 데 노력하였다. 또한 최근 개정된 민법과 상법의 중요한 내용을 빠짐없이 반영하였고 내용설명에 이어 case method 교육방식에 맞도록 사례문제를 삽입하여 독자들이 보다 쉽게 법학을 접할 수 있도록 하였다.

우리 법학 교육은 2008년 로스쿨제도의 도입으로 크나큰 변혁을 맞이하였다. 그러나 아무리 시대가 바뀐다 하더라도 법학 일반이론에 대한 기본지식과 정확한 이해는 모든 법학도들에게 필수적으로 요구되는 사항이다. 법학 기초에 대한 폭넓고 깊이 있는 공부가 전제될 때 비로소 전공심화 과목의 학습 성과를 극대화할 수 있을 것이다.
저자

최완진

한국외국어대학교법학과졸업(법학사)
고려대학교대학원법학과,석사과정수료(법학석사)
고려대학교대학원법학과,박사과정수료(법학박사)
국립강원대학교법대교수비교법학연구소장
미국Univ.ofWashington,LawSchool교환교수
미국Univ.ofPittsburgh,LawSchool교환교수
일본규슈대학법학부초빙교수
LeeInternationalIP&LAWGROUP법률고문
사법시험군법무관시험외무고시입법고시
세무사시험위원역임
한국상사법학회회장
한국경영법률학회회장
대한상사중재원중재인
한국외국어대학교대학원교학처장
한국외국어대학교대외협력본부장
한국외국어대학교법학연구소장
한국외국어대학교법과대학학장
한국외국어대학교교수협의회회장
한국외국어대학교법학전문대학원원장
현한국외국어대학교법학전문대학원명예교수
[주요저서]
<신상법총론>,한국외국어대학교출판부
<신회사법요론>,한국외국어대학교출판부
<기업지배구조법강의>,한국외국어대학교출판부
<상법판례강의>,법문사
<상법학강의>,법문사
<상법사례연습>,박영사
<상법사례연구>,한국외국어대학교출판부
<기업법으로세상을보다>,한국외대지식출판원
<주석상법(IV,V,VI)>,한국사법행정학회(공저)
<주식회사법대계(I,II,III)>,법문사(공저)

목차

제1편ㆍ총론

제1장서론····························································································3
제1절인간사회와규범···················································································3
Ⅰ.인간과사회3Ⅱ.사회와규범4
제2절법학의필요성······················································································5
Ⅰ.법학에의반감5Ⅱ.법학지식의필요성6
Ⅲ.법학공부의방법9

제2장법의본질·························································································12
제1절법의개념···························································································12
Ⅰ.법은규범이다12
Ⅱ.법은정치적으로조직된사회의규범이다14
Ⅲ.법은국가에의하여승인된규범이다14
Ⅳ.법은국가의중심권력에의하여강제되는규범이다15
Ⅴ.법과유사한용어16
제2절법의구조···························································································17
Ⅰ.행위규범(행위법)18Ⅱ.강제규범(제재법,제재규범)18
Ⅲ.조직규범(조직법)19Ⅳ.법의구성20
제3절법과타규범과의관계······································································22
Ⅰ.법과도덕22Ⅱ.법과종교26
Ⅲ.법과관습28
제4절법과정치및경제·············································································30
Ⅰ.법과정치30Ⅱ.법과경제32

제3장법의목적·························································································34
제1절법의목적(이념)의개념·····································································34
Ⅰ.법의목적의의의34
Ⅱ.법의목적에관한학자들의견해35
제2절정의·····························································································36
Ⅰ.정의의의의36Ⅱ.정의에관한학설36
Ⅲ.정의의내용39
제3절합목적성·····························································································42
Ⅰ.합목적성의의의42Ⅱ.합목적성의내용43
제4절법적안정성························································································43
Ⅰ.법적안정성의의의43Ⅱ.법적안정성의요건44
Ⅲ.법적안정성의요구44
제5절법이념의상호관계·············································································45
Ⅰ.법이념의상호모순관계45
Ⅱ.법이념의상호간의적용관계46Ⅲ.법이념의조화관계46

제4장법의생성과계통·············································································48
제1절법의생성···························································································48
Ⅰ.서설48Ⅱ.사력의공권력화50
Ⅲ.법의발전51
제2절법의계통···························································································54
Ⅰ.서설54Ⅱ.대륙법계55
Ⅲ.영미법계57

제5장법의연원·························································································61
제1절서설·····························································································61
제2절성문법·····························································································61
Ⅰ.헌법63Ⅱ.법률63
Ⅲ.명령64Ⅳ.규칙65
Ⅴ.자치법규65Ⅵ.조약국제법규66
제3절불문법·····························································································67
Ⅰ.관습법67Ⅱ.판례법71
Ⅲ.조리(條理)73

제6장법의체계·························································································74
제1절서설·····························································································74
제2절실정법의분류····················································································74
Ⅰ.국내법과국제법74Ⅱ.공법사법사회법75
Ⅲ.일반법과특별법79Ⅳ.실체법과절차법80
Ⅴ.강행법과임의법81Ⅵ.원칙법과예외법83
Ⅶ.고유법과계수법84Ⅷ.조직법과행위법85

제7장법의효력·························································································86
제1절서설·····························································································86
제2절법의타당성과실효성········································································87
Ⅰ.의의87Ⅱ.타당성과실효성의관계87
제3절법효력의근거····················································································89
Ⅰ.법존립의기초89Ⅱ.법의근거에관한학설89
제4절법의형식적효력···············································································94
Ⅰ.법의시간적효력94Ⅱ.법의장소적효력96
Ⅲ.법의인적효력97

제8장법의적용과해석·············································································99
제1절법의적용···························································································99
Ⅰ.사실의확정99Ⅱ.법의발견101
제2절법의해석··························································································102
Ⅰ.의의102Ⅱ.해석의방법102

제9장권리와의무····················································································108
제1절법률관계····························································································108
Ⅰ.의의108Ⅱ.연혁적고찰109
제2절권리···························································································110
Ⅰ.법과권리110
Ⅱ.권리에대한법사상적배경111Ⅲ.권리의본질112
Ⅳ.권리의개념114Ⅴ.권리의분류116
제3절의무···························································································120
Ⅰ.의무의개념120Ⅱ.의무의분류121
제4절권리의무의주체와객체·······························································122
Ⅰ.권리의무의주체122Ⅱ.권리의무의객체124
제5절권리의행사와그제한····································································124
Ⅰ.권리행사의의의124Ⅱ.권리행사의방법125
Ⅲ.권리행사의제한126
제6절권리의무의변동···········································································130
Ⅰ.권리의무의변동의의의및종류130
Ⅱ.권리의무의변동의