국가의 목적과 윤리적 중립의 문제
The Aims of the State and the Problem of Ethical Neutrality
염수균(조선대학교)
45호, 9~32쪽
초록
The aims the state can pursue are common good, general good and individual rights. The aims other than individual rights can be pursued on the condition that it does not violate the rights. Liberals' ethical neutrality thesis does not require the state not to engage in the problems of good life completely. It dose not require the neutrality in consequence and the neutral position in regard to ethical values accepted by all. It permits the state to support some cultural activities and to restrict irrational or unjust ways of life. The ground of the ethical neutrality is very weak. For we cannot deny the possibility that a majority view of good life appears in liberal democratic society. If we do not interpret the individual right to freedom of conscience as including the right that the state should not have established religion or the official view on the good life, the majority conception of good life can be promoted without violating the right. Therefore, the ethical neutrality thesis can be maintained only in the society where there is no majority conception of good life or on the basis of strong interpretation of the right to freedom of conscience which requires the state not to have the official view of good life.
Abstract
The aims the state can pursue are common good, general good and individual rights. The aims other than individual rights can be pursued on the condition that it does not violate the rights. Liberals' ethical neutrality thesis does not require the state not to engage in the problems of good life completely. It dose not require the neutrality in consequence and the neutral position in regard to ethical values accepted by all. It permits the state to support some cultural activities and to restrict irrational or unjust ways of life. The ground of the ethical neutrality is very weak. For we cannot deny the possibility that a majority view of good life appears in liberal democratic society. If we do not interpret the individual right to freedom of conscience as including the right that the state should not have established religion or the official view on the good life, the majority conception of good life can be promoted without violating the right. Therefore, the ethical neutrality thesis can be maintained only in the society where there is no majority conception of good life or on the basis of strong interpretation of the right to freedom of conscience which requires the state not to have the official view of good life.
- 발행기관:
- 법과사회이론학회
- 분류:
- 법학