Law` Empire in the Kantian eye

소개

드워킨의 "법의 제국" 에 대한 개략적 소개와 이를 임마누엘 칸트의 철학세계로 바라보고 재해석 함.

목차

Table of Content

I. Introduction
II. Dworkin’s Theory of Law: Law as Integrity
1) Conventionalism
2) Pragmatism
3) Law as integrity
III. Kantian Theory: Morality of Kant
IV. Justice and Love
V. Law as integrity close to Love
VI. Conclusion

본문내용

One of the tragedies of Sophocles, Antigone, describes that Antigone behaved opposed to the order of the king of Creon, or the order of the state. She wanted to bury her brother who betrayed the state. She showed clear contradiction morality between personal and collective. Here, we can see sometimes personal moral conscience might be opposite to collective conscience.
Society lets us back to ourselves by requesting us follow conflicting values at the same time: the state conflicts against religion; family value conflicts with the interests of the state; vocations ask us partiality; passionate partisan may be a betrayal to his own country. In fact the society is not the rule itself for us to follow, but the base on which we should decide best morality. In this level there is law as integrity that Ronald Dworkin argues in his book, Law’s Empire.
Dworkin chooses integrity approach while criticizing conventionalism and pragmatism. Integrity in legislation demands that the statutes enacted by a community remain, so far as possible, coherent in principle, so that the community`s statutes taken together treat the members of the community with equal dignity and concern. Integrity in adjudication, or law as integrity, requires judges to read the legal texts of the community as if written by a single author having a coherent conception of the demands of justice, fairness, and procedural due process.

참고자료

· Law`s Empire/Ronald Dworkin
· 순수이성비판/임마누엘 칸트
· 안티고네/소포클레스
· 성경