법에서 인간의 위상 － 존 피니스의 논의를 중심으로 －

The propositon “The law serves man” is the old maxim of the law. There is no great dificulty in understanding this sentence literaly. However, it is not easy to explain this sentence from a law point of view. So how can you aproach it to understand this propositon? Ancient Roman law states, "Al laws are made for human being." So what is the purpose of the law here, and what is the law and human being? For this problem, John Finis' theory was explored. Acording to Finis, the concept of modern law has the folowing human understanding: First, al human beings are the same person and are equal to each other. Second, healthy people can communicate with others and live the way they want. Third, wel-being as a human being and its pursuit are important. Hart argued that the purpose of the law was "survival." Dworkin claimed to be a “equal treatment” of members of the politcal community. However, the Universal Declaration of Human Rights states that al human beings are equal in dignity and rights, are not discriminated against before the law, are entiled to equal protection, and have the right to be recognized as humans before the law. The law aims for 'the basic human god' and 'the common god'. That is because it is pursuing human wel-being. Humans embody and realize their intentions, judgments, and choices through the law. Through this proces, humans become what they want. The status of human beings is bestowed by its life, and it is not necesary for the law to impart legal personality to human beings. Another group of actors in the community is also the reality of the human order. The legal interpretation of the legal community is also more apropriate for the conversational model interpreted in dialogue betwen people than the technical model interpreted acording to simple logic and literary rules. Finaly, the foundation of human nature and fundamental equality is that human beings are soul-bearing beings.