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近代 市民民主主義 政治思想的 背景 : Locke의 自然法思想 硏究
許平吉 부산대학교 사회과학대학 1985 社會科學論叢 Vol.4 No.1
Locke's Natural Law is the Law of Reason and the Law of God. God is an axiom in the doctrine of Locke's natural law. When Locke tried to demonstrate the existence of God with the faculties of reason which man was endowed with by Him, he made an error of tautology. But his true intention was to argue that the idea of God is not "innate", but perceived and reflected on by ourselves from experience by the use of our reason faculties. It is said that the refutation of innate ideas constitutes a refutation of natural law as well. It must be noted that Locke himself did not think that his criticism of innate ideas was in any way inconsistent with a belief in natural law. It rather lays the epidemiological foundations for the establishment of ethics and political philosophy, and so means by the refutation of tory ideologist Sir Robert Filmer's tract 「Patriarcha」whose essential philosophy is based on the nativeform of the doctrine of innate knowledge. Locke's natural law rules were not new, but common ones in the contemporary English academic scholars and preachers. What he had done was to organize them and made practical application of them for the political philosophy. Moreover he derived the legitimate political power from the natural law and in turn criticized the tory regime in view of the natural law rules. Locke's following arguments indicate even nowadays the natural law rules are a mirror of law-makers and political leaders. he says, 「The obligations of the law of Nature, cease not in Society but only in many cases are drawn closer, and have humane laws known penalties annexed to them, to enforce their observation. Thus the law of nature stands as an eternal rule to all men, Legislators as well as others. The Rules that they make for other Men Actions, must, as well as their own and other Men Actions, be conformable to the Law of Nature, i. e. to the will of God, of which that is a Declaration, and the fundamental Law of Nature being the preservation of Mankind, no Humane Sanction can be good, or valid against it.
許平吉 부산대학교 사회과학대학 1986 社會科學論叢 Vol.5 No.1
Locke's contemporary circumstances in the political society was under the Civil Revolution by the rising bourgeois class against the absolutist monarchy system. This political event gave rise to the collapse of the absolutism. In the course of these transitional periods, Civil lives were out of political, social order and all the citizens experienced unsafety of their lives, extreme anxiety, and horror. Locke was shocked by the disorder resulting from the political revolution and recognized a need for the establishment of civil society with a political authorized regime. Locke was one of the intellectuals for this purpose who sought for a coherent principle in accordance with the consensus of all the nations, doctrinaire, and religious sectarians. Man's natural rights theory was the very principle for all of them enough to be satisfied. Thomas Hobbes was the first real modern theories of natural rights, but his doctrine is for the self-preservation with no natural law theory. Locke's natural rights theory is the one with natural law, which is a synthetic theory containing Hobbes' natural rights and Stoics' natural law. But Locke assumed God's existence in his assertion of the natural law and natural rights, and his theory is based on the relation between God and Man. This God's workmanship model results in man's dependency on the Maker. Therefore, man, given reason faculty from God, has an obligation to do his best for the glory of God. Locke's natural law and man's natural rights theory is the essence of his political philosophy which is justly applied to his mature writings of which I wish to explain in the next article in series the general contents with my own system scheme, that is, self-system, family system, political-social system, and universal system.