사피엔스(Sapiens)와 公法의 미래 ― 유발 하라리 저서 『사피엔스』상 인류 역사를 토대로 고찰해본 公法의 발전 과정 및 미래 전망 ―

Yuval Noah Harari’s book 『Sapiens』(2015) presents three revolutionary movements of mankind describing the history of mankind in a comprehensive way and gives a good look into the future of mankind. Jurisprudence is a collective and collective product of what can be assumed and shared by “fiction”, the most important ability of mankind in connection with the first revolutionary movement, “cognitive” revolution. Law is composed of two branches, Private law and Public law. Private law is spontaneous in the real world, then Public law itself is a definite and ideological fiction from the premise. The characteristics of “fiction” of Public law are remarkable in that the existing system or idea do not move us, but that the value or the idea that we believe it should do justifiy the actual system of our society and provide the power to change the real world. Nowadays as a transnational type of norm, there are real existence of ​​capital and technology, besides the value of environment and human rights. According to 『Sapiens』 empire and science are historically combined and have reduced the diversity of the world. The public law presupposes the idea of ​​sovereignty as a domestic law and is the product of historical originality of each country. However recent imperialism tendencies can overcome the application of domestic laws of independent nations, which can pose a direct crisis on the domestic administrative law and theories of them, especially on trial. This paper compare the appearance and the development process of the young public law, which is about 200 years old, compared with the history of the earth of about 3.8 billion years, in connection with the appearance of the human community revealed on 『Sapiens』. It also give a perspective on Korean public law in the era of globalization and technological development, which is called “times of crisis” as well as “another chance”.