오늘날 우리에게 필요한 주권 개념 모색: 결단과 토론 사이에 선 주권 개념

This article deals with the following question: What concept of sovereignty we need today? As of the diagnosis that the democracy of our society is now meeting crisis, this article is exploring the concept of sovereignty we need today. First of all, this article deals with a historical review of how the concept of sovereignty has changed (II). It shows two changes: First is that the concept of sovereignty has transformed from individual into collective power. Second is that the power and meaning of sovereignty are today continuously weakening because of the differentiating of modern society. After that, this article explores the sovereignty concept of Carl Schmitt (III). This article is focusing on the concept of sovereignty of Carl Schmitt because today’s political situation of our society reminds us of his sovereignty concept. The author is trying to answer the questions of why Carl Schmitt proposed the sovereignty concept of decisionism, what is the sovereignty according to his decisionism, and whether there are any limits of his decisionism. In particular, the author is searching a relevance between the sovereignty concept of Carl Schmitt and the “Yousin Constitution”. Then, this article explores the question of what sovereignty theory is there as an alternative to the traditional theory of sovereignty (IV). This article examines three theories of sovereignty: Theory of communicative sovereignty of Habermas, theory of differentiated social sovereignty of Teubner, and theory of individual universal sovereignty. Finally, the author proposes his opinion about the concept of sovereignty we need today (V). The author argues here four major thesis: First, we need to distinguish between sovereignty and human rights. Second, sovereignty should be identified as a communicative power. Third, the concept of sovereignty is today being differentiated. Fourth, political sovereignty is still a preferred position compared to other sovereignty.