존 포테스큐의 자유주의 법사상

Until recently, scholarly discussions on English liberalism have generally tended to see the Glorious Revolution(1689) or John Locke as the origin of modern liberalism in England. However, this perspective overlooks the simple fact that the traditional English constitutionalism, that is Ancient Constitutionalism, worked as main cause for the road to the English Revolution. In fact, it was the deep belief in the traditional constitutional dedication to freedom and liberty represented by ancient constitutionalism which drove the parliamentarians and common lawyers to lead sacred fights against the monarch and the royalists in hard times of civil war. It's well-known fact that the ancient constitutionalism was founded by Sir John Fortescue, Chief Justice of Henry Ⅵ. Firstly, this article aims to explain how individualism and liberalism are closely related in English society, and introduce some topics such as Dominion, mixed-monarchy of England, body politics, and the rule of law, constitution of liberty, focusing on Fortescue's writings. Secondly, this article examines main features of political debates during the English Revolution in the perspective of Fortescue’s legacy. Finally, This article discusses some misunderstandings in researches on Locke, especially that theory of divine rights of king was a prevailing paradigm during English Revolution.