밖에서 본 민주법연 20년 ― 한 ‘이념 학회’의 정체성 위기에 대한 비판적 고찰 ― (External Observation of Democratic Legal Studies Association for its 20 Year Anniversary: A Critical Review of the Identity Crisis of an Association for an Ideology)

서지정보

· 발행기관 : 민주주의법학연구회
· 수록지 정보 : 민주법학 / 42호 / 115 ~ 152페이지
· 저자명 : 홍성수

초록

이 논문은 민주주의법학연구회(민주법연) 20주년을 맞이하여 민주법연의 그동안의 성과와 과제를 외부자의 관점에서 고찰해 보는 것을 목적으로 한다. 먼저 창립 당시 민주법연이 맑스주의 법이론을 자신의 이념적 정체성으로 하고 있었다는 사실을 규명한다. 동시에 1990년대 중반 이후 민주법연은 학회의 이념적 정체성에 변화를 겪게 된다는 점에 주목한다. 문제는 이러한 변화가 학회 차원의 공적 논의가 생략된 채 진행되었다는 점에 있다. 더욱이 초기 민주법연이 제시한 여러 과제들은 현재에도 여전히 유효한 것들이 많은데, 그럼에도 불구하고 그 논의가 중단된 것은 아쉬운 일이다. 민주법연은 창립 초기에 제시했던 법률운동과 법학의 과제들에 대해 답해야 하며, 이를 위해 집단적 논의를 재개할 필요가 있다.

영어초록

This paper deals with 20 year history of the Democratic Legal Studies Association of the Republic of Korea(DELSA). In particular, its special status not only as an Association seeking for an Ideology but also as a law reform movement organization is thoroughly examined. The first part is dedicated to making clear that the ideological orientation of the DELSA was marxist legal theory when it was established in 1989 and that its activities were closely associated with and were deeply influenced from a pro-democracy movement in Korea which was under a military dictatorship in those days. This can be demonstrated by the articles in the Democratic Legal Studies(this is the academic journal that has been officially published by the DELSA since 1989) and its other activities as a law reform movement organization.
However, it can be also observed that marxist legal theory was no longer regarded as a legal methodology for the DELSA in the mid-1990s. In fact, the articles which has been published in the Democratic Legal Studies since 1994 were not related to marxist legal theory. The same was true for their other activities not only as an academic association but also as a law reform movement organization. It should be noted here that this should be regarded as a change of its identity in its early days. More importantly, this important change was not publicly discussed and the DELSA has not explained the reason that this change was inevitable.
However, of great importance is that the agenda which were raised by the DELSA are still crucial issues in legal studies and that in fact, marxist legal theory is still regarded as a persuasive analysis for current legal issues if it is appropriately amended by other contemporary social theories. In this sense, the DELSA should have further studied legal issues which were proposed when the DELSA was established. This can be done with their cooperative and collective discussions.

참고자료

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