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학술논문법학연구2015.12 발행

공생과 상생에 입각한 헌법적 가치의 구성논리

The Constructive Logic of the Constitutional Value on the basis of ‘Gongsaeng’ and ‘Sangsaeng’

정병화(대진대학교)

26권 2호, 29~51쪽

초록

Gongsaeng and Sangsaeng which describe the peaceful relation between I and others are the two important principle and thinking in legal philosophy. In political reality under value-pluralism including internal conflict, the investigation on The constructive logic of the constitutional value on the basis of Gongsaeng and Sangsaeng will be the meaningful work for durable and stable communal life. The purpose of the constitutional value on the basis of Gongsaeng is presented as the peaceful co-exsitence of value-pluralism, and its constructive method is based on the exclusion of individual’s goodness. On the other hand, The purpose of the constitutional value on the basis of Sangsaeng is presented as the overcome value-pluralism, and its constructive method is based on the ethical attitude of community members who try to seek common good.

Abstract

Gongsaeng and Sangsaeng which describe the peaceful relation between I and others are the two important principle and thinking in legal philosophy. In political reality under value-pluralism including internal conflict, the investigation on The constructive logic of the constitutional value on the basis of Gongsaeng and Sangsaeng will be the meaningful work for durable and stable communal life. The purpose of the constitutional value on the basis of Gongsaeng is presented as the peaceful co-exsitence of value-pluralism, and its constructive method is based on the exclusion of individual’s goodness. On the other hand, The purpose of the constitutional value on the basis of Sangsaeng is presented as the overcome value-pluralism, and its constructive method is based on the ethical attitude of community members who try to seek common good.

발행기관:
법학연구소
분류:
법학

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공생과 상생에 입각한 헌법적 가치의 구성논리 | 법학연구 2015 | AskLaw | 애스크로 AI