법학: 실용의 학문, 인간의 학문 ― 켈젠의 『순수법학』에 대한 비판 ― = Science of Law As a Practical and Human Science ― A Critique of Hans Kelsen’s Pure Theory of Law ―

다국어 초록 (Multilingual Abstract)

The fierce debates on the natural law and legal positivism in the last century were basically concerning the meaning, role, and function of the law in a society. In this essay I critically examine a representative legal positivist, Hans Kelsen’s Pure Theory of Law and his critique of natural law, and then discuss the meaning, role and function of the law in the contemporary society.
As a practical and human science, the science of law has an immediate and wide influence on the people and their lives, so like legal positivists just to emphasize the purity and objectivity of “pure science of law” and the analytical approaches to the positive law is not sufficient. Instead we need to pay more attention to intimately-related other areas like politics, economy, culture, society etc., and their relations to the law. We need also to disillusion about perfectibility and pure objectivity of human reason and to acknowledge the diversity and complexity of human. And finally we should exert ourselves for a better understanding of human including human irrationality, unconsciousness, emotionality which have been traditionally and deliberately ignored.