포스트휴먼 법담론: 탈근대적 인간의 법적 수용을 위한 시론적 연구

The changes in modern legal system, led by the fourth industrial revolution, are expected to be fundamental and foundational. These fundamental changes call for a review of new possibilities to go beyond the existing human-centered legal system. The posthuman discourse attempts to reconstruct and deconstruct the traditional concept and modern understanding of ‘human-being,’ including the scope of human beings, the essence of human nature, and the boundaries between human and non-human. The advent of posthuman requests an alternative analysis of humanity in modern sense, expanding the conceptual spectrum of human-being to include all beings which have human attributes. This paper first examines the legal subjects and subjectivities in the posthuman era in three categories: i) human enhancement and transhuman; ii) the multi-modal subjectivities of human-being; and iii) new independent subjects and entities such as intelligent robots. Furthermore, the paper deals with some significant implications of posthuman legal discourse, focused on several issues, including i) the deconstruction of modern under- standing of human nature; ii) the dilution of human-nonhuman boundaries; and iii) the notion of reciprocity in postmodern rights discourse. Lastly, as a closing remark, I suggest that the concept of posthuman is fairly historical and that the posthuman discourse is possibly a positive driving force to expand the notion of humanity.