사회 헌법론: 국가-정치 헌법에서 초국가적 사회 헌법으로

Constitutional sociology pays attention to the fact that the Constitution is emerging in every social sector as well as politics. While the societal constitution exists in the social sector out of the political system, it shares many key characteristics with the constitutional principles of political constitution. The power of the nation-state has tended to increase totalitarian pressure in the political communities and surrounding social domains in which it exists, and the political constitution developed in the process of taming these authoritarian threats. Similarly, today, each social system that extends autonomy through functional differentiation subordinates other neighbouring systems under its partial rationality beyond the control of the state power. Teubner considers increasing social authoritarianism as a pathology in which the partial rationality of society has grown so large that it suppresses rationality of other domains. The causes of various social maladies today called deep-rooted evils are often found in social authoritarianism rather than political authoritarianism. Just as the Korean constitutional theorists under the dictatorship in the past had tried to find a real Constitution, today constitutional scholars are searching for the constitution as a normative frame against the ironic and destructive trend of suppressing the members of society in its search. In this context, the paper proposes the concept of the societal constitution as a theoretical framework for solving conflicts arising in a pluralistic society (a functionally differentiated society as described in systems theory). Through societal constitutional theory, it is possible to integrate the conflicts a pluralistic society into the dynamics that lead to the coexistence of multiple societal rationalities rather than the uniformization of society (reunification).