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학술논문법학논총2012.06 발행KCI 피인용 5

규범적 정의론과 절차적 정의

Normative Theory of Justice and Procedural Justice

이동희(단국대학교)

36권 1호, 207~236쪽

초록

It is well known that the discussion over substantial justice is distinguished characteristic in contemporary theory of justice and have brought prosperous era on normative theory of justice. The normative theory of justice should deal with the following issues. The first principle is the ground and limitation on an ideology of formal justice, and the second one is the concept of universal principal as a standard of justice and its justification. The first issue is more fundamental philosophically, because it is related on the common premise such as ground and limitation of justice among people who stands different standpoint on the second problem. Meanwhile, the second issue has become the center of public interest in modern theory of justice. This paper considered the justifiability of substantial justice, focused on the procedural justice by J. Rawls, accepting diversity of value, overcoming extreme relativism and maintaining possibility of practical consent in modern society based on multiplicity. Especially, I emphasized on the procedural justice based on the original position and the reflective equilibrium, the Constructivism developed by I. Kant and fair background justice.

Abstract

It is well known that the discussion over substantial justice is distinguished characteristic in contemporary theory of justice and have brought prosperous era on normative theory of justice. The normative theory of justice should deal with the following issues. The first principle is the ground and limitation on an ideology of formal justice, and the second one is the concept of universal principal as a standard of justice and its justification. The first issue is more fundamental philosophically, because it is related on the common premise such as ground and limitation of justice among people who stands different standpoint on the second problem. Meanwhile, the second issue has become the center of public interest in modern theory of justice. This paper considered the justifiability of substantial justice, focused on the procedural justice by J. Rawls, accepting diversity of value, overcoming extreme relativism and maintaining possibility of practical consent in modern society based on multiplicity. Especially, I emphasized on the procedural justice based on the original position and the reflective equilibrium, the Constructivism developed by I. Kant and fair background justice.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.17252/dlr.2012.36.1.009
분류:
법학

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