인간의 존엄과 책임원칙

• 영문명: Human Dignity and Culpability Principle
• 발행기관: 한국형사정책학회
• 저자명: 안성조(Ahn, Seong Jo)
• 간행물 정보: 『형사정책』刑事政策 第31卷 第2號, 89~138쪽, 전체 50쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.07.31

영문 초록

Today, there is an overlapping consensus on human dignity in the legal academia. However, as the science and technology is more and more developing, some kinds of scientific determinism begin to pose a question about the reality of free will of human beings and thus become a threat to not only human dignity and liberalism, but also culpability principle. This paper argues that the contemporary science such as neuroscience and quantum physics supports the possibility of free will refuting scientific determinism through the theoretical efforts of P.U. Tse and Roger Penrose. Though, the value of human dignity could be reaffirmed by the view point of modern science, modern technology such as the human enhancement including the moral neuroenhancement starts to cause a new kind of legal problems. The problem is about the ‘fair application of culpability principle’ and ‘fair revelation of a free will’ and the paper shows a legal implication of this problem. Human dignity could be used as a supplementary interpretative principle of criminal law in some cases. For example, according to the Supreme Court a conscientiously motivated objector could be innocent because the liberalistic interpretation based on human dignity necessarily permits and tolerate the different thoughts of conscientious objector from majority. The paper also suggests that the concept of ‘original position’ which originated from John Rawls, could be a important method of a supplementary interpretation for the purpose of a fair application of criminal law.

목차

Ⅰ. 문제제기 및 논의구도

Ⅱ. 도덕과 과학의 무게: 형법의 중립성?

Ⅲ. 자유의지에 대한 과학적 회의론과 인간강화 기술의 도전

Ⅳ. 현대과학에 의한 자유의지의 재발견

Ⅴ. 인간의 존엄과 책임원칙

Ⅵ. 맺음말

키워드

인간의 존엄 책임원칙 자유의지 자유주의 도덕적 능력향상 human dignity culpability principle free will liberalism moral enhancement