토머스 스캔론의 「불평등은 왜 문제인가?」와 헌법의 해석

Thomas Scanlon’s Why Does Inequality Matter? provides a comprehensive anatomy of equality. It includes a systematic explanation based on his own theory, which can be called a relational and pluralistic theory of equality. And it shows when and in what cases inequality can legitimately raise normative complaints, and to what extent and how inequality must be improved. He takes reasons to object inequality as the subject of discussion and explains six possible objections based on the abstract principle of equal consideration. They are status-based objection, control-based objection, equal opportunity-based objection, political fairness-based objection, equal concern-based opposition, and fair distribution-based objection. Scanlon’s explanation of these objections against inequality is very plausible. Though his theory can make a great theoretical contribution to systematization and refinement of the criteria for determining whether Constitutional right norms are violated or not, it requires a sophisticated transformation to be adequately used in legal discourse.