새로운 성원권의 가능성에 대한 이론적 모색

Modern society is an age of dispersion, a society of Gentiles. In the reality of transnational migration, the question of how to ensure human rights and dignity for strangers outside the borders of a nation-state becomes an important topic. This article theoretically explores the possibility of a new membership in line with the era of globalization. First, it critically examines the divergence between the real terrain of globalization and the emphasis on universal human rights and the normative terrain that relies on the nation-state unit for its institutional realization to create the aporias of human rights and to produce beings exposed to extreme violence outside the protection of the law. And it argues that a new form of membership is called for, moving away from republican sovereignty that simultaneously produces us and the other, the people and the outsider, so that universal human rights and the democratic order of the state can be harmonized(Chapter 2). In this context, it introduces a variety of theories that provide the rationale for membership. Immanuel Kant advocates membership of global citizen, and Hannah Arendt speaks of political membership as a transcendental right of all rights. Communitarian discussions propose the dual operation of the internal principle-mutual aid principle and the determination of membership by the politics of mutual approval. This article examines the significance and limitations of these discussions(Chapter 3). Then, we would like to reflect on the possibility of a new idea of membership through Jacques Derrida’s theory of hospitality. It examines the meaning, origins, and dual structure of hospitality and discusses that the aphorian thought that emerges from the dual structure of hospitality provides a clue to resolve the aporias of human rights(Chapter 4). Based on this, we apply hospitality theory to the discussion of formal and informal membership. For formal membership, by examining the concept of an ‘open quasi-community’, it argues that sovereignty and borders should be open to the other and open to the possibility of change, and for informal membership, by examining the ‘deconstruction on the idea of purity’, it proposes a shift from homogeneity and unity to diversity and hybridity in collective identity(Chapter 5). Finally, the article concludes in summarizing the significance of the legal- philosophical reflection of hospitality on discussion of membership(Chapter 6).