공동체주의와 법에 관한 연구

다국어 초록 (Multilingual Abstract)

The communitarians have been emerged and taken shaped itself through criticism on Rawl's $quot;A Theory of Justice,$quot; which has been posited as an outstanding position since 1970's. The controversy between liberalists and communitarians began to permeate into diverse areas of social norm. First of all, the core questions of this controversy are whether the liberalistic view of human being and society can normatively be accepted, and how those views can be validated. Some of the main controversial points are upon the realizability of the view that is presupposed in the concept of `original position', and its universality. Especially, the critical point is whether communitarian perspective can provide us with an alternative to overcome the defect of liberalistic viewpoint of individual and society.

In this paper, I examined what critical arguments are raised by the main communitarian theorists, Michael Sandel, Alasdair Mclntyre, and Michael Walzer. Through inquring communitarian theories, I have focused upon in what way they are developing their theories and what are their main points. Especially, this study will deal with how early communitarians criticize deontological theory that is permeated in Rawls' social theory.

Recently, some legal scholars began to apply communitarian theory to the controversial legal issues, for example, to solve the questions raising from business ethics or environmental ethics. While the main theorists of communitarian camp do not pay much attention to the legal issues, Roberto Unger is unfolding a social theory that is deeply related with communitarianism in different way. He is suggesting a radical polyarchy which is rooted in communitarianism. In this paper, I considered Unger's social and legal theory. With Unger's theory, there is not so many new ideas. But his attempt to converge legal analysis with institutional and ideological analysis would be able to make a tiny crevice to the fossilized legal arguments.

국문 초록 (Abstract)

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국문 초록 (Abstract)

해당사항 없음.

국문 초록 (Abstract)

I. 머리말
II. 공동체주의의 등장 배경
III. 공동체주의의 이론적 근거와 전제들
1. 샌들 : 의무론적 자유주의 비판
2. 맥킨타이어 : 덕의 요람으로서의 공동체
3. 왈쩌 : 정의의 영역들
4. 소결
IV. 로베르트 웅거의 자유적 공동체주의
1. 진보적 다두제
2. 진보적 다두제의 제도적 테크닉 : 권력이양과 조직화
3. 권리의 재구성과 간섭주의
V. 공동체주의와 새로운 유형의 법분석