동아시아적 인권구상의 가능성 - 법철학의 관점에서 -

In general, human rights have been recognized as universal rights. However, critics from various perspectives question recently the universality of human rights. Especially the theorists supporting the “Asian value” criticize human rights because these representative the “western value”. In this situation this article tries to examine the possibility of an East Asian human rights concept from a legal philosophical perspective. For this purpose, the author tries to renew the universality concept itself on one hand, he argues a dualistic concept of human rights on the other hand: the concept of the basic-universal human rights and the flexible-concrete human rights. This article adopts the theory of “the right to justification” (Recht auf Rechtfertigung) by the german political philosopher Rainer Forst in order to validate this dualistic concept of human rights. According to the theory by Forst, the concept of the East Asian human rights is not only possible, but also necessary. Besides, this article argues that the confucianism on which the East Asian culture is based is not opposed to human rights. Eventually this article asserts that ‘the communicative human rights’ and ‘the confucian human rights’ involve both ‘the solidary human right’ and ‘the teleological human right’ belong to the category of the East Asian human rights.