‘불간섭으로서의 자유’와 ‘비예속상태로서의 자유’ -한국사회의 자유담론과 관련해서-

This paper aims to compare two conceptions of freedom, i.e. freedom as non-interference and freedom as non-domination, which represent respectively liberalism and republicanism, and to show relative advantages of the latter. Especially, I take up P. Pettit’s theory of freedom and try to combine it with G. MacCallum’s formulation, according to which freedom is to be understood as a triadic relation. Pettit proposes a conception of freedom as non-domination, which accommodates Berlin’s insightful distinction between negative and positive liberty, but overcomes shortcomings of Berlin’s theory. By focusing attention on freedom-impediments, I develop two arguments. First, critically examining conceptions of freedom as non-interference in light of qualitative features of freedom, I claim that the non-interference conception of freedom pays little attention to negative external constraints of freedom which are of great significance for the sociopolitical dimension of freedom. Second, analyzing some decisions of the Korean Constitutional Court, I argue that freedom as non-domination can help the Court form a reasonable conception of freedom which shows a principled consistency and integrity.