형식적 자유로부터 실질적 자유로의 접근과그 한계 -롤즈의 자유주의 이론을 중심으로-

Throughout numerous revolutions and historical processes, such as the declaration of human rights, every human being has been recognized as a free entity with equal rights. However, as capitalism developed and spread across the world, economic and social inequality between classes intensified. As a result, people now feel more deeply than ever that we are departing from a life of freedom and equality which we have long sought. This article makes the argument that every member of society is not just a being which has obtained formal freedom as stipulated by law but that they also need to be reborn as beings that achieve freedom and equality in life through repeated practices. To this end, this article examines the flow of liberalism in modern times to understand which problems should be considered in the context of substantive freedom in order to guarantee freedom and equality to every member of society in their life. Furthermore, this article examines the theories of Isaiah Berlin and Robert Nozick which emphasized formal freedom among the trends of liberalism after modern times. It will also consider the theory of John Rawls, which differentiated the guarantee of substantive freedom from formal freedom while examining the meaning and limitations of such theories to develop a philosophy in which every member of society can lead a free and equal life. Simply recognizing the formal freedom which is described by the liberalism theory of Berlin and Nozick would structuralize the unjust infringement upon freedom and perpetuate a state of injustice. However, Rawls argued that every individual cannot maintain a free life under the market system simply through the guarantee of formal freedom. Rawls made an attempt to expand the notion of formal freedom to substantive freedom through the difference principle, background institution , and so on. Still, Rawls’ work does not seem to deviate much from the framework of Berlin and Nozick’s liberalism, which emphasizes formal freedom by restricting basic liberty to civil/political liberty, and so on. In this regard, under the system of justice proposed by Rawls, it is difficult for every member of society to achieve substantive freedom at the equal level as others in their life. As a result, theories covering the guarantee of substantive freedom in earnest while focusing more on the life of an individual began to appear.