문학 작품을 통해 본 정의(正義)의 구현과 법

It is possible that both legal scholars and lawyers even including law school students and general publics have once thought law could come true justice in a real world. They must have thought either strict fairness of law or impartiality of law functions well. If we can find a clue about realizing justice of practical world from an imaginary discourse such as diverse literary works, concerning realizing justice in a world, it must be applying law and rule in advance without harming or influencing other people directly in a genuine world. It is fully enough that literary works dealing with inner conflicts and reconciliations of community norms could play a role as a fictional discourse space. For the purpose of realizing justice by applying law on the invented space such as the text of literary works, first of all, this article briefly introduces both ‘Law and Literature’ movement in 1970’s U.S. and a base of ‘law and literature’ in Korea. Next, reading the actual text of citable literary works together with the appreciation of realizing justice using law, this article reviews six considerable questions about legal principles: i)Which law is in accord with justice?, ii)Is law proper method for realizing justice?, iii)Can an ex post facto Law realize justice?, iv)Is delayed trial helpful for realizing justice? v)Is death penalty in accord with Justice? vi)Can law realize justice by contributing the accomplishment of substantive equality?