데리다의 환대의 윤리에 대한 법철학적 성찰

The complexity, multilayeredness, and plurality of contemporary society call for a review of modernity and new reflection on modern law and philosophy. In particular, the law faces fundamental limitations in addressing the challenges of the strangers, the heterogeneity and hybridity, which are present in the legal system today. Attempts to seek peaceful and harmonious coexistence between the subject and the other, the same and the difference reveal the essential limits inherent in modern law and modern tolerance. Derrida’s hospitality ethics offers new opportunities of reflection for the law to embrace various values of justice. Hospitality is a norm that aims for a just and harmonious society, a core value for law, and an essential ideological foundation for legal justice and legitimacy. This paper attempts to present the reflections in contemporary legal philosophy by examining the theoretical and practical significance of postmodern thinking in law through hospitality ethics. To this end, the limitations of modern tolerance and Kant’s hospitality concept are examined, and the concept and structure of hospitality proposed by Derrida are analyzed as an alternative concept to overcome these limitations(II). Furthermore, we discuss ‘justice to come’ and ‘law of hospitality’ in relation to the aporia of hospitality, and examine the spiraling creation of the law as a practice of hospitality(III). Afterward, this paper defines the legal philosophical implications of hospitality ethics in that it reconstructs the relationship between the subject and the other and approves ‘universality with variability’ in the law(IV). Finally, this paper confirms that the law must respect singularity and diversity to achieve justice in the age of heterogeneity and hybridity. For this purpose, we would like to conclude by summarizing the meaning and the limitation of Derrida’s hospitality ethics as the basis of a new legal philosophical reflection(Ⅴ).