사회과 법교육의 권리개념에 관한 관점 분석 연구

There are innumerable controversial issues and social conflicts in modern society. These problems are concerned with conflicts of rights. Most people insist that their own rights are absolute and correct things and they have to claim their rights and protect their benefits. The conflicts of rights is likely to cause a lot of inter-fractional strifes in society. Therefore, it is crucial to settle the problem and mediate the conflicts of rights among the people. The purpose of this study is to analyze the concept of rights in law and political textbook and work out a way to teach students the rights in social studies education, specially, in law-related education. In these days, there are many theories of rights which dispute about the nature of rights. Rights are everywhere in contemporary legal and political debate. In order to analyze the concept of rights and approach the ideas of rights discourse, we have to identify what is the nature of rights. The fundamental and essential character of rights can be defined by conceptual analysis, and the content of rights can have various application. For ensuring objectivity and systemicity in this study, I apply theoretical approaches to the model that is designed to analyze the textbook. This model is comprised of 4 steps ; these are ‘conceptualizing the rights’, ‘justifying the concept of rights’, ‘justifying the exercise of rights’ and ‘exercising one’s the rights’. The first step is ‘conceptualizing the rights’ related to define the concept of rights and categorize rights. The second step is ‘justifying the concept of rights’. It depends on studying foundations of justification of rights and the nature of rights. The third step is ‘justifying the exercise of rights’. We need to regard this step as solving the problems caused by conflicts of rights. Therefore, I will try to analyze a variety of standards to solve the conflicts of rights. The last step is ‘exercising one’s the rights’. In order to conduct the research, I selected the law textbook and political textbooks using in high schools in these days. This study is conducted by applying this model to analyze the viewpoint of rights concepts in the social studies education, especially, in law－related education. According to analysis of the textbooks, this study suggests the directions of rights education in law-related education. First, we need to offer the concepts of rights so as to understand various viewpoints relevant to rights discourse. And then, we try to teach students human rights’ history as the process of development about rights concepts. Of course, we need to give the opportunity to categorize the rights by various standards to students. In addition, It is important to contain contents about the minorities’ rights in textbook and discuss the methods of protecting their rights in our society. Finally, we have to offer students the standards and methods of solving the conflicts of rights. Social studies, especially, law-related education should teach students to justify, internalize, respect and exercise human rights in any circumstances. Even though this study is not enough to accomplish goals of rights－related education, it provides opportunities to ponder upon concepts of rights and conflicts of rights.