루소에 있어서 문화와 인권 : 문화, 자연권 그리고 도덕의 개념들을 중심으로 = Culture and human rights in Rousseau's political philosophy : focusing on Rousseau's concepts of culture, droit naturel, and moeurs

다국어 초록 (Multilingual Abstract)

Abstract



Culture and Human Rights
in Rousseau's Political Philosophy
: Focusing on Rousseau's Concepts of
Culture, Droit Naturel, and Moeurs



Ohrr, Sue Woong
Department of Political Science and International Relations
Graduate School of Hankuk University of Foreign Studies


This study aimed to solve two questions. One was what the concepts of culture and human rights in Rousseau's political philosophy are. The other was whether the progress of culture contributes to the promotion of human rights or not.
In order to answer for the first question, I used the linguistic method to trace back the origin and development of the concepts from the ancient era to Rousseau. I gave the contextual explanation for the second question. The contextual explanation was for consideration of the contextual facts discovered from the Rousseau's works and theories or situations that were influential to him in reasoning the relationship between culture and human rights.
I defined the concept of 'moral network' and used it for to explain the relationship. Moral network in this study indicates the ties or webs to link the moral relationships among the individuals and the moral relationships in a society. The ties or webs include manners(manières), habits(habits), customs(usages or coutume), and laws(loix) which are originated from moeurs. The reason for use of this concept was that Rousseau basically thinks of human relationship as the moral. According to him, individuals have ideas by reasoning and then feel sentiments by sensing from the contact with other beings. I claimed that Rousseau thinks of the ideas and sentiments in relationships as moeurs. For Rousseau, it is because of interchanging moeurs that individuals can make some relationships with one another; therefore, human relationships can be taken as the moral.
I found that culture indicates 'cultivation of some faculties or powers, and the state as the result of it in soul' in Rousseau's works, like Cicero's usage. Therefore, culture in Rousseau's works is strongly related to education and make an effect on moeurs, because faculties or powers are elements to form the ideas and sentiments. Civilization means material externalization or embodiment of the faculties or powers of people's souls in a society. Eventually, civilization is of outwardness while culture is of inwardness in his works, and civilization material, culture spiritual. In this respect, I claimed that separating culture from civilization in German philosophy, such as I. Kant's was originated from Rousseau's.
Also, I found that human right originally means droit naturel(natural right) and includes the political and civil right that droit naturel was transformed into by social contract in Rousseau's political philosophy. For example, natural freedom is transformed to civil freedom, and natural equality turns to civil and moral equality by social contract. Droit naturel indicates 'the natural faculties or powers sufficient to satisfy his/her natural needs.' The natural needs necessary to his/her preservation mean foods, rests and sex that were given from Nature, and include the desires for them as well. Loi naturel(natural law) means the rules of droit naturel, and is approved as natural among civil laws by the right reason and conscience of the individuals in a society. These are why the concept of human right in Rousseau's political philosophy is not only political but also legal.
The progress of culture is twofold. One is external and quantitative; the other is internal and qualitative. Like the meaning of Encyclopedia, most of philosophes in eighteenth century believed that enlightenment is guaranteed with increasement of knowledge, but Rousseau. He criticized that the restoration of the sciences and arts does not always contribute to the purification of moeurs in his first discourse. This means that he took the progress of culture as internal and qualitative meaning. In other words, the progress of culture is the same as the improvement of faculties or powers in soul. For example, extending amour de soi(love of oneself) not to amour propre(selfishness) but to amour des hommes(love of men), embodying conscience by the right reason, loving justice and goodness, and so on.
The promotion of human rights in Rousseau's political philosophy is to restore the natural faculties or powers by destroying the limitations on them in a society, and to cultivate them. Therefore, the promotion of human rights might require to modify the established laws and to educate people simultaneously. In this respect, Rousseau's concept of human right is directed towards legal reformation in the short or long term.
Rousseau pointed out that the progress of culture as the external and quantitative increasement of the sciences and the arts causes individuals to have a lot of opinions imbued with the ideas and the sentiments about what the good is, or the perfect. Therefore, the individuals have more and more desires for works and objects that are said to be for the good or the perfection. This is why the desires of the individuals in social state increase, and the increasement of the desires causes the tastes of the individuals to be gradually diversified and refined. The diversification and refinement of the tastes means that moeurs became diversified and refined as well, as Rousseau said, because good taste depends on bonnes moeurs(good mores). The diversification and refinement of tastes and moeurs leads the individuals to love not others but only oneself, so they will not voluntarily conform to the general will any more. On the basis of private will, the individuals say and act to satisfy their desires; as a result, they are trying to make their claims law, and then they produce a lot of prejudices or quasi-morals like doxa. These prejudices or quasi-morals contaminate moral network which is consisted of moral relationships and their ties; therefore, they reduce moral and legal forces of the ties similar to the established laws and morals in moral network.
Eventually, laws and morals in this situation might be taken as the prestiges and their prejudices that serve not to the people as a whole but to parts of them. The prestiges and their prejudices function as the limitations on embodiment of the individuals' human rights to satisfy their desires. The political order and power constituted by these laws and morals could not get the legitimacy, and rather serve to increase the limitations on human rights in the society.
In these days, I often find culture and human rights used in some theories, but the concepts of them are very different from Rousseau's. I believe that Rousseau's concepts and his insights on the relationship between the concepts play a important role to revisit the theories which have the concepts; furthermore, they will help us to understand the political and moral implications of cultural activities and human rights.

목차 (Table of Contents)

• Ⅰ. 서 론 1
• 1. 문제제기 1
• 2. 연구방법 5
• Ⅱ. 문명과 문화의 개념 10
• 1. 개념의 기원과 발달 10
• 1) 개념의 기원 10
• 2) 개념의 발달 : 혼용과 구분 12
• 3) 독일 철학에서의 개념구분 16
• 2. 루소의 문명과 문화에 대한 인식 21
• 1)'내적인 것'과 '외적인 것' 21
• 2) 사회상태와 문명인 26
• 3) 문명인과 학문 ․ 예술 33
• 4) 학문 ․ 예술과 문화 39
• Ⅲ. 자연권, 자연법 그리고 인권의 개념 50
• 1. 인권의 본성 50
• 1) 현대적 논의 50
• 2) 개념의 기원 : justice와 ius 54
• 3) ius개념의 발달 60
• 4) 근대의 자연권과 자연법 : ius와 lex의 분리 64
• 2. 루소의 인권 개념 71
• 1) 인간 본성 : 인간 정의와 양심 71
• 2) 자연권과 자연법 : droit 와 loi 78
• 3) 사회계약과 인권의 확립 84
• Ⅳ. 문화, 도덕네트워크 그리고 인권 95
• 1. 문화의 발달과 인권의 신장 95
• 1) 문화의 발달 : 현대적 관점과 루소의 관점 95
• 2) 인권의 신장 : 현대적 관점과 루소의 관점 101
• 2. 문화의 발달과 도덕네트워크 108
• 1) 문화의 발달과 도덕 108
• 2) 도덕과 완전가능성 114
• 3) 욕망의 증가와 취향 121
• 3. 도덕네트워크와 인권의 신장 132
• 1) 취향의 타락과 사적의지 132
• 2) 사적의지와 도덕네트워크 134
• 3) 도덕네트워크와 인권의 신장 137
• Ⅴ. 결 론 141
• 참고문헌 145
• Abstract 154