刑法規範 및 基督敎 倫理의 측면에서 본 死刑制度

• 영문명: Death Penalty in the Sight of Criminal Law and Christian Ethics
• 발행기관: 중앙대학교 법학연구원
• 저자명: 申致宰(Chee-Jae Shin)
• 간행물 정보: 『법학논문집』法學論文集 第31輯 第1號, 341~360쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.08.30

영문 초록

  A penalty has retributive or redemptive character as well as preventive purpose, which includes purpose of general and special prevention. From this point of view, We can say that a punishment also has retrospective and prospective characters. If we recognize retrospective character of the punishment, we can restore loss of humanity which is caused by looking at the penalty as protecting the society from the criminals. By acknowledging prospective character, the penalty can transcend its general definition as revenge, and it will also achieve its justice. However, death penalty can"t have a right purpose as punishment because it can"t reach this purpose. Death penalty is not a main theme in the Bible. It is only just appeared as one of the legal system in the Old Statement, and it is sporadically mentioned in the New Statement. Christian understanding about the penalty is generally not about punishment of one"s behavior which happened in the past, but it has to be understood as imposing responsibility on the future. Also, the penalty has to be understood as the mean for reformation of sinner and return of the community in society. Therefore, death penalty doesn"t correspond with the motive of the Bible especially with the New statement and Christian Ethics.

목차

Ⅰ. 머리말
Ⅱ. 사형제도에 대한 형법규범의 입장
Ⅲ. 사형제도에 대한 성서의 입장
Ⅳ. 사형제도에 대한 가톨릭ㆍ개신교윤리의 입장
Ⅴ. 맺는 말

키워드

사형존폐론(Death Penalty Abolition) 사형에 대한 성서의 입장(Death Penalty in Scriptures) 사형에 대한 예수의 입장(Jesus on Death Penalty) 토머스 아퀴나스(Thomas Aquinas)) 칼 바르트(Karl Barth)