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학술논문안암법학2014.09 발행KCI 피인용 1

국가와 개인, 어떻게 얼마나, 양립가능한가

How and How much the State and the Individual can be compatible?

최용철(전북대학교)

45호, 423~449쪽

초록

Why the individual should yield to a political order? Why the State interfere in life of the individual? These questions make a comprehensive question. That is the question, 'How and How much the State and the Individual can be compatible?' This question consists in three questions. 1) Why the individual should obey a ruler? 2) Why the individual transfer his natural rights to the sovereignty? 3) Why the absolute power is to give to legislature, not a ruler? These three questions is connected to one question, "Is the individual really free?" The answer is, "He is really free if he could have the liberty of thought and discussion." That freedom is a necessary condition in order to remove an established order. The individual ought to take out new discourses to construct new political order. Only the freedom of thought and discussion can ensure new discourses on new political order. Discussing new order, we can ask, "Have the State secured the life and the freedom of individuals?" The Answer is, "No." By the time, the State as a centralized system of government had nothing to with the life and freedom of individuals. So this centralized system of government is to be disjoined. And then, a new order have to be discussed. Perhaps a small community as a new order might be chosen. But that order is not to be ideological, to let the individual live as human, not a national people.

Abstract

Why the individual should yield to a political order? Why the State interfere in life of the individual? These questions make a comprehensive question. That is the question, 'How and How much the State and the Individual can be compatible?' This question consists in three questions. 1) Why the individual should obey a ruler? 2) Why the individual transfer his natural rights to the sovereignty? 3) Why the absolute power is to give to legislature, not a ruler? These three questions is connected to one question, "Is the individual really free?" The answer is, "He is really free if he could have the liberty of thought and discussion." That freedom is a necessary condition in order to remove an established order. The individual ought to take out new discourses to construct new political order. Only the freedom of thought and discussion can ensure new discourses on new political order. Discussing new order, we can ask, "Have the State secured the life and the freedom of individuals?" The Answer is, "No." By the time, the State as a centralized system of government had nothing to with the life and freedom of individuals. So this centralized system of government is to be disjoined. And then, a new order have to be discussed. Perhaps a small community as a new order might be chosen. But that order is not to be ideological, to let the individual live as human, not a national people.

발행기관:
안암법학회
DOI:
http://dx.doi.org/10.22822/alr..45.201409.423
분류:
법학일반

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국가와 개인, 어떻게 얼마나, 양립가능한가 | 안암법학 2014 | AskLaw | 애스크로 AI