‘적폐 청산’의 시대에 다원적 법형성

Eradicating deep-rooted evils seems to have become an epochal mission in Korea. However, this mission should not be carried out in a way that demonises a certain person under the moral-political perspective. If so, eradication of deep-rooted evils can be politicised, and the nature of the problem is distorted. Since deep-rooted evils, as social phenomena, cannot be attributable to specific humans, the ultimate causes of deep-rooted evils should be found in a post-human structure or system. Through this post-humanist approach, rooting-out deep-rooted evils should be aimed at establishing systematic alternatives that will prevent deep-rooted evils from happening in the future. In this context, the task of rooting out deep-rooted evil should prevent political intervention (politics-centred de-differentiation) into the autonomy of society, whereas it should regulate the private authoritarianism (society-driven de-differentiation) that grows within autonomous societies. This is called a de-politicised social regulation, whose ultimate goal is to establish polycontextuality through self-regulation. Thus, the autonomous societies produce the rules of the organization that implement the inherent rationality of a self-differentiated social system against the political interference. At the same time, the societies facilitate the self-limitation mechanism to control authoritarianism of these social systems. In particular, the restriction rules evolve in the conflict and consensus of the organised domains, which serves as a gateway for re-entry of environmental influences, and the organised professional sector, where the inherent rationality of the profession is realized. In this process, politics and democracy are re-defined outside the national system. In particular, the self-contestation function of democracy in a self-regulated area will play a major role in preventing de-differentiation and strengthening the polycontextuality of society.