동일성명제를 통한 개인에서 공동체로의 이행과정에 관한 논증

The fundamental right of the constitution has a double character of the subjective right which is a freedom from the nation and the objective ordering which is a freedom toward the nation. In the constitutional study, this characters are explained separately according to each constitutional view. If it is considered that the transition from the individual to the community is proved in the subject's thinking about subject-predicate proposition, we can discover the foundation on which a double character of the fundamental right is explained from the point of unifying view. The individual as the subject forms the identity proposition by the reflective thinking which brings subject and predicate together. The individual's thinking has the universality on the dimension of the community through the communications with other individual. It appears as the subjectivity of Volk by the medium of eidos and matter itself, inhere in the predicate regulation. In this case the individual develops a self identity as the monadistic individual, who is inseparable from Volk, under continuity of time and space. It can be confirmed by subject-predicate proposition with a relative clause. However the monadistic individual forgets oneself the independent subject easily because his thinking is always affected by the objective dimension of self-conscioussess. In order to overcome this forgetfulness, it is necessary for the individual to recognize oneself the thinking essence over again in the established subject-predicate proposition. This is made possible by getting rid of the empirical predicate regulation which is contradictory to his transcendental idea in regard to subject. If it is considered within the framework of time and space, the monadistic individual's thinking in regard to predicate is regulated in the underlying form of time and space but the individual's reasoning of the independent subject, which is only in regard to subject, is free from the form of time and space. As a result, the subjectivity of the individual has the formation of the concrete historicity by being deposited many-folded as the subjectivities of Volk, which is acquired on the continuity of time and space. It is made up of the empirical predicates, which is regulated continually on the process of progressive synthesis, in the subject- predicate propositions with a relative clause. In this formation, the subject's reflective judgment of subject acts as the impetus which regulates the overall thinking newly. In order that the subjectivity of the individual acts as the impetus, it is necessary to change into regressive process on which the empirical predicates, which are regulated on the space time series, are laid out coincidentally untill the moment he judges reflectively. For becoming the independent subject, it is required for the individual to achieve self-activity in conformity with the logical qualitative consistency on the basis of the reasoning by oneself. By this self-activity, the subjectivity of Volk, which acts through the established predicate regulation, is disintegrated by the individual's thought for oneself with deleting the established predicate regulations according to a principle of contradiction. The disintegration serves as a momentum that the subjectivity of Volk is to be renewal in the empirical predicate which is regulated newly soon.