자유와 공리의 연합

• 영문명: Union of Liberty and Utility
• 발행기관: 충북대학교 법학연구소
• 저자명: 고봉진(Ko, Bong Jin)
• 간행물 정보: 『법학연구』第29卷 第2號, 1~22쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.12.30

영문 초록

In recent decades ‘Minority problem’ has become a political issue, and ‘minority rights’, ‘minority identity’ and ‘minority movement’ have been highlighted in social theory. Minority problems arise when a few are oppressed by the majority. This is to solve the problem of suppressing women, foreigners, and homosexuals, who are a minority by men, their own nationals, and heterosexuals. In recent years, however, the collective nature of capitalism has raised many questions, not just minority oppressed by the majority. Although it is not repressed by the minority, the gap between those who have it and those who do not is increasing. The wealth gaps are beyond the negative gaps, manifesting the gaps in lifestyle, gaps in life, gaps in education, and gaps in freedom. In today’s society, the issue of ‘majority’ should become a political issue again. It became similar to the era when utilitarianism emerged. Utilitarianism has emerged as a progressive theory in the era when historically a small number of privileged parties enjoyed privileges over multiple sacrifices. In this paper, I try to consider ‘communitarianism’ first. My mind is bleak, because I critically examines the ‘best theory in the world’. ‘Communitarianism’ can not be used in modern society, although the theory itself is excellent. However, I believe that it is necessary to change the way of realizing the ‘value of community’ and ‘citizen’. On the other hand, ‘Liberalism’, a popular trend in modern thought, is at stake. It would be possible to work to bring the ideal of communitarianism, which is difficult to realize today, to a feasible level of ‘utilitarianism’. I think it is easier to agree on utility than to agree on ‘community values’. It is not difficult to prioritize community values i n ‘community’, but in ‘profit society’ it is better to give priority to ‘utility’ than ‘community value’. Utilitarianism and communitarianrism are similar in that they consider the whole rather than the individual, albeit a very different theory. Looking at the books by John Stuart Mill (‘Utilitarianism’, ‘On Liberty’, ‘The Subjection of Women’), I think we can complement the problem of liberalism today.

목차

Ⅰ. 들어가며

Ⅱ. 현대 사회에서 ‘공동체’ 해법이 어려운 이유

Ⅲ. 자유주의의 명암(明暗)

Ⅳ. ‘공리주의’ 돌아보기

Ⅴ. 맺으며

키워드

공동체 자유 공리 소수 다수 community liberty utility minority majority