헤겔의 법철학에서 국제법과 국제관계

Hegel’s Philosophy of Right has been mainly discussed only on matters within sovereign states. It was mostly discussed from a negative perspective regarding ‘international law’ and ‘international relations’. But Hegel’s discussions on them need to be newly understood from a positive perspective. From this point of view, the key points to be paid careful attention are: First, Hegel clearly distinguishes between treaties and international law in his Philosophy of Right. Second, international law presupposes the relationship of recognition among sovereign states, and this relationship requires ‘formal aspects of universal oughtness’ and ‘content aspects of ethical life’. Third, Hegel does not regard international relations only as confrontational and hostile relations between individual sovereign states, but also considers mutual recognition and solidarity as important relations from the point of view of ethical life. This aspect of ethical life is accompanied by the process of actively forming and expanding consensus in terms of diverse cultures, educations, and cultivations of the entire human race, which are not restricted within a sovereign state. The important point here is that this process should proceed from below in the historical process, not from above like the Kantian ‘world citizenship’.