• Title/Summary/Keyword: 사회계약론

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The Insoluble Problem of the Social Contract and Naturalized Social Contract (사회계약론의 풀리지 않는 문제와 사회계약론의 자연화)

  • Park, Jong-june
    • Journal of Korean Philosophical Society
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    • v.143
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    • pp.165-188
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    • 2017
  • According to Braybrooke(1976) and Sobel(1976), the traditional problem of the social contract is insoluble as long as it assume the 'agents with the rational egoistic motivations' in the 'circumstances such as the state of nature'. The problem of social contract is so called because it defies solution and it runs in the family of social contract theory. Then, do contemporary social contract theories have a solution? I argue that contemporary social contractarians fail to supply a solution due to a previous question or a circulation problem in their theories. And then, I show how conventionalism helps social contractarianism escape the problem.

The Comparison of Workfare in UK and Australia from the View Point of Social Contract Theory (사회계약론적 관점에서 본 영국과 호주의 근로연계복지 비교연구)

  • Kim, Eun-Ha
    • Korean Journal of Social Welfare
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    • v.58 no.3
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    • pp.169-193
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    • 2006
  • The Purpose of this paper is to compare workfare system in UK with in Australia from the view point of social contract theory. There are two kinds of social contract theory - Hobbesian and Kantian theory. In view of these two types, this paper makes a comparative study of New Deal in UK and Mutual Obligation in Australia. The results of analysis can be summarized as follows. Firstly, in this respect of compulsive program formation background, Mutual Obligation and New Deal is all similar with Hobbesian social contract theory. Secondly, With regard to concern for the disadvantaged, Mutual Obligation is among Hobbesian social contract but New Deal is among Kantian social contract. Lastly, concerning orientation of compulsion, Mutual Obligation is close to Hobbesian social contract but New Deal is close to Kantian social contract.

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A Study of Locke's Concept of Freedom of Speech as Proprietorship (소유권적 언론자유에 대한 일고찰 : 로크의 사회계약론을 중심으로)

  • Moon, Jong-Dae
    • Korean journal of communication and information
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    • v.17
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    • pp.7-36
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    • 2001
  • This thesis discussed the nature of freedom of speech with emphasis on Locke's theory of social contract. First, I examined the nature of freedom of speech induced from Locke's social contract, and argued that the nature of Locke's freedom of speech exists on the self-ownership of humans. Secondly, I studied how Locke's right of self-ownership was related to the right of freedom of speech and how it is realized in civil society. I could analyze how freedom of speech was actualized with un-equality in the social relations. Thirdly, I investigated how locke's possessive freedom of speech was materialized in the market society. I tried to find out the nature of freedom of speech actualization in the capitalist market society. Finally, 1 studied to what extent the state of Locke could intervene the freedom of speech and reconsidered the meaning of locke's limit of natural risht in modern society. Conclusively, Locke's notion of Natural Right and Law of Nature have greatly influenced contemporary idea of free speech. His idea helps understand the position of liberal democratic speech. It also shows well the relation of freedom of speech and Natural Right and has helped us understand freedom of speech in terms of the position of the right of property.

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Rousseau's Philosophy of Education and Christian Public Education (루소의 교육철학과 기독교 공공교육론)

  • Kim, Youngho
    • Journal of Christian Education in Korea
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    • v.71
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    • pp.97-120
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    • 2022
  • Korean churches and theology of today are experiencing a decline in reliability and a lack of communication from the Korean society due to the absence of proper reflection. Moreover, with the COVID-19 Pandemic, the church is led to a situation where the problem of survival has become a concern. In addition, churches and theology failed to restore the public nature of faith from civil society, and how these beliefs could be developed in terms of Christian education has become an important theological task. The restoration of the public nature of the church brings interest in public theology, and if education is an important area of the public forum, we pay attention to educational philosophers who provided the basis for publicness and civil democracy education philosophy in Christian education. Rousseau, as an educationalist who opened the modern philosophy of education is opening up the civil society through discovering the existence of children with the proposition "Return to Nature" in the 18th century. This study aims to use Rousseau's educational philosophy in his books Emil, The Theory of Inequality Origins, and Social Contract Theory as the basis of educational theory that opened the foundation of the public domain and civil society.

The Legislative Directions about Surrogacy Contract on Civil law (민법상 대리모계약에 관한 입법방향)

  • Park, Jong-Ryeol
    • Journal of the Korea Society of Computer and Information
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    • v.18 no.4
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    • pp.161-169
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    • 2013
  • Currently, there is no bill about Maternal Inference and the Family Law about surrogate birth in Korea. Also, Problems of surrogate mother were reported by media socially, but these discussions did not discuss continuously. Early in the course that establishing process of Bioethics and Safety Act, there was a discussion. But it cannot acceptance as Act, it issued legally and ethically. Despite the difficult of legal interpretation and ethical problem, the surrogate birth practiced covertly and frequently. And about this, our law just declared its invalidity because it is contrary to public order and good moral until recently. Therefore, if it leaves as invalidation, the problem about right of surrogate mother and the baby from her it may occur a serious social problem. From now, about the issue of surrogacy contracts the legal and medical countermeasures to be taken. Therefore, to solve many problems about surrogacy contract, consider the problem of surrogacy contract, also suggest legislative study about Korean surrogate mother based on legislative cases of foreign countries.

A Study on the Effective Formation in Contract for the International Sale of Goods based on Revision UCC (정보화시대의 국제물품매매계약의 성립요건 - Revised UCC Draft 1996을 중심으로-)

  • 한상현
    • The Journal of Information Technology
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    • v.1 no.2
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    • pp.103-118
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    • 1998
  • The contract for the International Sale of Goods is a contract of sale of goods between parties of business in different countries beyond tariff line. In principle, the formation of contracts for the international sale of goods is conventional made through offer and acceptance. Though this principle outwatdly looks simple, They turn out complicated problems as to what is offer or acceptance, especially as to the exact time that contracts go into effect. For that reason, the parties who conclude an international Sales contracts effectively are must understand perfectly in the legal commercial aspects offer or acceptance that become basic elements in the formation contracts for the International Sale of Goods. So, In the thesis I tried to explain principles on the Effective Formation in Contract for the International Sale of Goods based on Revision UCC.

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Ecology as a New Paradigm and Environmental Justice (생태학의 재인식과 환경정의)

  • 최병두
    • Journal of the Korean Geographical Society
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    • v.33 no.spc
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    • pp.709-719
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    • 1998
  • 오늘날 세계는 물질적으로 풍요롭게 되었지만, 생태위기의 발생과 더불어 환경문데를 둘러싼 불평등이 감소하기 보다는 오히려 증대하고 있다. 21세기를 위한 새로운 패러다임으로서 생태학은 이러한 불평등을 극복하기 위한 지식 및 실천으로서 '환경정의'의 개념 또는 이론을 필요로 한다. 진정한 환경정의론은 한편으로 생태학의 규범적 측면들을 발전시키면서 다른 한편으로 이의 이데올로기의 동원을 막을 수 있는 이론적 및 실천적 토대가 될 것으로 기대된다. 환경정의에 관한 개념적 연구는 주로 사회정의에 관한 철학적 전통, 특히 자유론, 공리주의, 계약론을 포괄하는 자유주의적 정의론, 맑스주의적 정의론 및 포스트모던 정의론 등에서 도출된 주요 개념들을 자연환경에 확대시키고자 한다. 환경정의에 관한 몇몇 학자들, 대표적으로 벤쯔(Wenz), 하비(Harvey), 로와 그리슨 (Low and Gleeson) 등은 다양한 전통을 위에서 제시한 (환경)정의론들을 면밀히 고찰하여, 이들 각각의 한계를 제시하거나 문제점들을 지적하고, 나아가 이들을 종합하고자 했다. 이들의 연구는 환경정의에 관한 다양한 이론들의 특성을 이해하는데 많은 도움을 주지만, 그 자체로 일관성 있는 이론으로 발전하지는 못했다. 이 글에서 제시되는 환경정의론은 인간들 간의 관계, 자연과 인간들 간의 물질적 관계, 그리고 상징적 관계 등에 상응하도록 정의를 3가지 차원, 즉 분배적 정의, 생산적 정의, 승인적 정의로 구분하고자 한다. 이들은 각각 필요의 원칙, 노동의 원칙, 그리고 의사소통의 원칙에 기초하며, 또한 각각 자유주의적, 특히 롤즈의 정의론, 맑스주의 정의론, 그리고 비판이론이나 포스트모던 정의론에서 많은 시사점들을 얻을 수 있다.

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A Study on the provisions relating to 'the collective civil appeals spot' in the Security Services Industry Act (경비업법상 '집단민원현장' 관련규정에 관한 연구)

  • Lee, Sanghun
    • Convergence Security Journal
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    • v.15 no.6_2
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    • pp.55-63
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    • 2015
  • Like a violence occurred by security guardians in the Yoosung or SJM Enterprise, a series of security company in Korea has repeated illegal conduct. So human rights violations are getting to be very heavy. The National Police Agency, the controller of the Security Services Industry Act, requires stricter regulations for the defense industry direction. here followed the research about some provisions in the Security Services Industry Act relating to 'the collective civil appeals spot' examining the contents of the Problems and discussed about it.

The Conceptualization of Caring Justice and an Evaluation of Long-Term Care Policy in Korea (돌봄정의(Caring Justice) 개념구성과 한국 장기요양정책의 평가)

  • Seok, Jae-Eun
    • 한국사회정책
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    • v.25 no.2
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    • pp.57-91
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    • 2018
  • Despite the rapid growth of social care, understanding of care is segmental and caring is still marginalizing. The socialization of caring is actually a 'half-socialization' that is the result of injustice surrounding caring. Therefore, it is necessary to approach the problem of caring in terms of justice. In this paper, I discuss the limitations of social justice based on John Rawls 's social contract theory in the discussion of caring justice through feminists'writings on caring ethics. And then applying Nancy Fraser' s three scales of Justice-redistribution, recognition, and representation, the concept of caring justice has been newly constructed. The concept of caring is defined as a unified concept of caring including the aspect of the social rights of the care recipient as well as the labor rights of the care provider. Based on the analysis of care justice, we derive the ideal types of care policy and then evaluate the long-term care policy for the elderly, which is the central axis of Korean care policy. The results of this study are as follows: First, it is necessary to strengthen the labor rights of care providers especially for the socialization of care responsibilities and the proper allocation of social resources. Second, a service delivery system and care culture are needed to ensure the relational autonomy of care-receivers and care-givers for caring ethics and individualization of care. Third, the issue of care should be treated as the central agenda of politics in order to distribute care responsibility democratically and to distribute legitimate resources. This requires a paradigm shift from marginalization of care to mainstreaming of care. Ultimately, we should aim for a Caring Society.

A Nietzsche's Critical Theory of Justice (니체의 정의론에 대한 비판적 고찰)

  • Kang, Yong-soo
    • Journal of Korean Philosophical Society
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    • v.147
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    • pp.1-28
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    • 2018
  • In order to reveal the differentiation of Nietzsche's justice theory, this paper attempted an intrinsic analysis of the political act of establishing a social contract with others through the fundamental concept of "will to the power", and the politics of modern nation including utilitarianism, liberalism and democracy. I will deal with criticism of ideology. In other words, it will be a work to clarify the fictitiousness and errors by digging out the ground of the value of justice as 'genealogical psychology' which strips off the psychological layers hidden behind the name of universal truth called 'virtue'. By dismantling the notion of self-righteous justice based on 'virtue' from 'immorality' as well as 'out of morality', it aims to reveal a new emotional dimension based on love, not retaliation. When Nietzsche emphasizes the role of positive emotions such as 'mercy' and 'forgiveness' rather than negative emotions such as revenge, retaliation, and grudge, while analyzing justice in the dynamics of power relations, By allowing exception rule, we will critically analyze whether universality and consistency are lost.