법의지배'의 당착과 법 달리 말하기
The Hypocrisy of the Rule of Law and Speaking Law differently
오정진(부산대학교)
34호, 427~447쪽
초록
The rule of law means that not men but law should govern. But often in the real world, although in the name of law, actually men rule. Interestingly, such hypocrisy of the rule of law is not well visible and that is somewhat due to the character of law itself: Legal authority is tautological; the foundation of law is not anything else but law. The force of law is derived from violence, Law has the monopolistic power of the decision about lining up boundary between inside and outside and what is to be excluded, Therefore, in contemporary risky circumstance-the power of 'empire' which is called by Hardt and Negri is spreading all over the world and the crisis of life is heightened-law is not our recourse. For instance, in Korea there is the obsession for uniformity, the deletion of politics is practiced by law and the decision of court. Especially under the recent slogan of the new government-'setting up straight law and order'-law wearing an armband is working for the governmental power and regulation. Moreover the rule of law has the double standard and law attacks the most abject people. Then, how can we law speak differently? Firstly in doing so we should have an alternative vision of transformative politics-singular bodies making communal life and absolute democracy, And in same vein we restore the revolutional nature of love. Accordingly law should be revealed as void and instead law's ethics is situated-law as the translator of life and law of singularity and communality, And the pursuit of universal law should be started from the point of the excluded, Of course we should remember that we have the responsibility beyond law always and forever.
Abstract
The rule of law means that not men but law should govern. But often in the real world, although in the name of law, actually men rule. Interestingly, such hypocrisy of the rule of law is not well visible and that is somewhat due to the character of law itself: Legal authority is tautological; the foundation of law is not anything else but law. The force of law is derived from violence, Law has the monopolistic power of the decision about lining up boundary between inside and outside and what is to be excluded, Therefore, in contemporary risky circumstance-the power of 'empire' which is called by Hardt and Negri is spreading all over the world and the crisis of life is heightened-law is not our recourse. For instance, in Korea there is the obsession for uniformity, the deletion of politics is practiced by law and the decision of court. Especially under the recent slogan of the new government-'setting up straight law and order'-law wearing an armband is working for the governmental power and regulation. Moreover the rule of law has the double standard and law attacks the most abject people. Then, how can we law speak differently? Firstly in doing so we should have an alternative vision of transformative politics-singular bodies making communal life and absolute democracy, And in same vein we restore the revolutional nature of love. Accordingly law should be revealed as void and instead law's ethics is situated-law as the translator of life and law of singularity and communality, And the pursuit of universal law should be started from the point of the excluded, Of course we should remember that we have the responsibility beyond law always and forever.
- 발행기관:
- 법과사회이론학회
- 분류:
- 법학