Affordable Access

한국의 법철학 연구 - 이론과 쟁점

Publication Date
Keywords
  • 동양법철학(Oriental Philosophy Of Law)
  • 법학방법론(Legal Methodology)
  • 법이론(Legal Theory)
  • 영미법철학(Anglo-American Jurisprudence)
  • 분석법학(Analytic Jurisprudence)
  • 자연법론(Theory Of Natural Law)
  • 법현실주의(Legal Realism)
  • 법경제학(Law And Economics)
  • 비판법학(Critical Legal Studies)
  • 라드브루흐(Gustav Radbruch)
  • 방법이원론(Methodological Dualism)
  • 사물의 본성(Natur Der Sache)
  • 저항권(Right Of Resistance)
  • 존재와 당위(Sein Und Sollen)
  • 법실증주의(Legal Positivism)
  • 로스쿨(Law School)
Disciplines
  • Education
  • Law
  • Philosophy

Abstract

The purpose of this study is to present the philosophical standard for the law-making and the law-enforcement, based upon the reconfiguration of the history of philosophy of law in Korea and the recognition of the contemporary issues and problems of the philosophy of law. At the same time, another important purpose of this study is to present a desirable proposal for the future law education in Korea. Furthermore, one of the reasons why this study is creative is that a point of view to understand the progress of the law, which is not based upon accidental social issues in a period, but upon intentional a progress of philosophy of law. 1. The Study on legal thoughts based upon the specialty of Korean society in the 20th century provides the comprehensive outline of the progress of philosophy of law in Korea and presents "the macro-researching methodology". Utmost this part tried to integrate various issues to one critical mind in the perspective of tension between the generality and the specialty of philosophy of law. 2. The Study on the progression of theories on Philosophy of Law in Korea (1) 1940s - 1950s This section deals how had been educated and researched the philosophy of law in Korea from the liberation of 1945 to 1950s, the dawn of academia of philosophy of law. And the author evaluates that Korean academia had been greatly influenced by Japanese and the western legacy of philosophy of law in this period. (2) 1960s- 1970s Regarding the fact that majority of Korean scholars on the philosophy of law in this period had studied in Germany, the author analyzes the academic works of many Korean scholars who studied in Germany and tried to define the identity of Korean philosophy of law. (3) 1980s- This section describes the progression of philosophy of law in Korea since 1980s. In this period, the scope of studies of philosophy of law in Korea was extended and its topic also became proliferated. Korean scholars studied not only German philosophy of law but also Anglo-American jurisprudence. 3. History of reception of the Western and the Asian Philosophy of Law (1) The Study on the Asian Philosophy of Law This section deals with the following questions: "what are the distinguishing features of the Asian thoughts on the philosophy of law ", "how has been the Asian philosophy of law studied ", and so on. (2) The Study on the reception of German philosophy of law In this section, the author analyzes the academic trends on German philosophy of law and the process of reception of German philosophy of law in Korea. Based upon such analysis, the author evaluates that the German legacies has greatly influenced to organize the Korean thoughts on philosophy of law. (3) The Study on the reception of Anglo-American jurisprudence This section reviews the reception process of Anglo-American jurisprudence to Korean academia and anticipated the future development in Korea after anti-positivism which rose in the conflicts between English philosophy of law and American jurisprudence. 4. Theories and Issues in the progress of Korean philosophy of law (1) The Study on the theory of natural law in Korea In this section, the author concluded that the theory of natural law was organized based upon the notion of individual morality, the realization of the social Justice and the liquidation of the situation of the immoral laws. (2) The Study on the theory of legal positivism in Korea In this section, the author pointed out that the legal positivism has been continuously researched in correspond with the changes of the society in each period, and argued that the translation works is necessary for the further development of the legal positivism theory in Korea. (3) The Study on the legal methodology in Korea In this section, the author tried to define the scope of the legal methodology and analyzed the theories and the practices on the legal methodology since the liberation in Korea on 1945.

There are no comments yet on this publication. Be the first to share your thoughts.