20세기 초 미국의 과학과 법

• 영문명: Science and the Law in America in the early of the 20th century : Marriages Law, Immigration Act, and Sterilizations Law
• 발행기관: 한국세계문화사학회
• 저자명: 김호연(Ho-Yeon Kim)
• 간행물 정보: 『세계역사와 문화연구』제26집, 111~143쪽, 전체 33쪽
• 주제분류: 인문학 > 역사학
• 파일형태: PDF
• 발행일자: 2012.06.30

영문 초록

The aim of this study is to investigation, in America, interaction between science and law through a eugenical law in the early 20th century. For this object, I critically examined a series of eugenical law such as Marriages Law, Immigration Act and Sterilizations Law established in the US in early 20th century. I knew Science and Law in society have always been justified and reinforced each other by claiming the significance of implementing science for society, which was considered objective, neutral and certain. Eugenicists of the US insisted that biological unfitness should be artificially removed from the society for the national efficiency and preservation of national prototype. In the name of science, then, biological unfitness transformed into the rationale for the social and racial discrimination against the unfit, namely the underprivileged by law. It is doubtful whether it is possible to draw new norm and order of society with the information related to physiological characteristic of a human, and whether it is possible to interpret biologically the problems of human life such as job, insurance, marriage, immigration, education, and crime. We witness a flux of efforts to interpret ourselves in terms of biology. The appearance of a eugenical laws of the U.S. in the early of 20th centuries will offer a poignant caveat for those upsurge of biologizing tendency on human right in our society.

목차

Ⅰ. 들어가며

Ⅱ. 혼인법

Ⅲ. 이민법

Ⅳ. 불임법

Ⅴ. 나오며

키워드

Eugenics 우생학 Law 법률 Marriages Law 혼인법 Immigration Act 이민법 Sterilizations Law 불임법