거시-미시-거시 모델을 통한 기본권적 가치의 객관적 질서로의 성립과정의 사회학적 이론화

This paper begins with the observation that while constitutional scholars commonly acknowledge the nature of fundamental rights as an objective value order through the dual nature argument of fundamental rights, its empirical aspects have not been sufficiently theorized. Standing from the perspective that the process by which fundamental rights acquire the character of an objective value order and radiating effect can be understood as the establishment of a macro-social order or as the process of expansion from micro-level communicative actions to macro-level social order, or more specifically, from the perspective that the constitutional provisions of fundamental rights can be compared to the process of transitioning from (local) interactions between social actors at the micro-level to an objective value order as a pattern order at a broader level, this paper proposes the bathtub model as a basic theoretical framework for empirically observing and explaining this process as a macro-micro-macro model. The bathtub model, which is designed to analyze the relationships between so-called macro phenomena causally and genetically at the micro level, can provide a new perspective in exploring the process of substantialization of fundamental rights as a value order.