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학술논문안암법학2008.09 발행KCI 피인용 3

합목적성에 대한 고찰 - 가족주의의 편입 -

A study on the 'Zweckmassigkeit' of G. Radbruch

진희권(경기대학교)

27호, 709~727쪽

초록

A factor in Idee of law was spoken the 'Zweckmassigkeit' by G. Radbruch. The 'Zweckmassigkeit' is composed of three things, that is to say, the Individualism, the Totalitarianism and the Culturism. One of the three, the Culturism had been existent but the present day is not. According to my opinion, I will put the Familism in place of the Culturism. The Culturism means the culture-creation for someone’s glory. Those were found in ancient civilizations; the Maya, the ancient Egyptian civilization and so on. The point of the civilizational object was not the stone structure itself but only human. However to build the culture can not be done by isolate oneself. Only related man with family can build it. In other words. thinking that his life belong to oneself is meaningless but the contemplation that his life is related from ancestor to descendant have meaning for the culture-creation. Therefore I think it to be useful that the Familism is replaced with the Culturism in the 'Zweckmassigkeit'.

Abstract

A factor in Idee of law was spoken the 'Zweckmassigkeit' by G. Radbruch. The 'Zweckmassigkeit' is composed of three things, that is to say, the Individualism, the Totalitarianism and the Culturism. One of the three, the Culturism had been existent but the present day is not. According to my opinion, I will put the Familism in place of the Culturism. The Culturism means the culture-creation for someone’s glory. Those were found in ancient civilizations; the Maya, the ancient Egyptian civilization and so on. The point of the civilizational object was not the stone structure itself but only human. However to build the culture can not be done by isolate oneself. Only related man with family can build it. In other words. thinking that his life belong to oneself is meaningless but the contemplation that his life is related from ancestor to descendant have meaning for the culture-creation. Therefore I think it to be useful that the Familism is replaced with the Culturism in the 'Zweckmassigkeit'.

발행기관:
안암법학회
DOI:
http://dx.doi.org/10.22822/alr..27.200809.709
분류:
법학일반

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