법정책학의 기본문제 : 국가작용과 법정책의 기능 = BASIC PROBLEMS OF LAW AND POLITICS : On the State-Working and the Function of Legal-Policy

다국어 초록 (Multilingual Abstract)

It might have been settled that the definition of the ``Legal-Policy`` is the policy-process, for the authoritative distribution of scarcity values, [for the authorities] to establish the objective of any policy and to realize through the instrumentation of law, in other words, legal system planning for the purpose of the actualizing lots of social(or public) goals, which is a work or process to establish various types of guiding principle as a legal-system, i.e., reflecting the will of the people, to make legal systems which are equitable, utilizable, full of vitality and in favor of the weak prior to all thingsThese days, laws and legislations are being recognized a sort of the implement of the meditation for polices, that is, to induce the state-working, that affirm the dynamic process of unifying society or state and that promote the process of unifying coincident with the realistic necessity of such a process. On the basis of the intrinsic nature of laws and legal systems as mentioned above, state-work realizes the common value, namely, the distributive justice which puts a premium on J. Rawls`` ``maxmin principle``, created in the society and induces the unifying to be pointed to the value and spontaneously generated. Thus, in connection with the Legal-Policy, the justice-impartiality- of the state-working might be evaluated upon the fairness of the static·dynamic Legal-Policy. Finally, there could be presented criteria of the evaluation Legal-Policy, such as effectiveness, efficiency, equity, political-economic rationality, clarity, democratic participation, internationality.