대응적 법패러다임과 법의식 : 국민법의식조사를 중심으로

Research on legal paradigm shifts due to scientific and societal developments has been conducted in various contexts. However, studies addressing paradigm shifts in legal consciousness within the societal context are lacking. This study explores that the manifestations of legal consciousness among Koreans to comprehend the underlying legal paradigm. The primary objective is to develop questions that unveil this paradigm within their legal consciousness. During this investigation, It was confirmed that the current legal paradigm in our society is transitioning towards a responsive legal paradigm. An assessment was conducted to determine whether the Korean People's Legal Consciousness Survey adequately reflects the functions of law within the responsive paradigm, such as social control, dispute resolution, and distributive functions. The analysis indicated a tendency for existing legal consciousness surveys to serve as tools diagnosing the compliance level of legal subjects. In Contrast, the responsive paradigm emphasizes active citizen collaboration as agents in legal formation. Given the shift towards the responsive paradigm, we advocate for the recognition of citizens as agents in legal formation. Questions are proposed in a format that confirms the criteria for legal judgment, anticipating their role as the foundation for future civic education and diagnostic tools.