Different kinds of philosophical questions can be asked about law. John
Rawls ’s major works ( 1996 , 1999 ) can be seen as treatises on what the
content of law should be if a state is to be both legitimate and just. Other
inquiries lie more clearly within legal theory in that they evaluate different
ways of designing the kind of governance structure we call law
(Kornhauser 2004 ): Should we prefer formally realizable legal rules
(Kennedy 1976 ), or more open standards? What principles must legal
rules or standards satisfy to realize the moral ideal of the rule of law, and
thus govern us appropriately as responsible agents?
1