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법(法)에서의 가치(價値)와 가치판단(價値判斷): 원고적격(原告適格)의 규범학(規範學)(1)
Value and Valuation in Law: Deontology of Standing(1)

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Authors
조홍식
Issue Date
2007
Publisher
서울대학교 법학연구소
Citation
법학, Vol.48 No1 pp.160-203
Keywords
실천이성정치의 상황구성적 통약불능성법실증주의의견불일치통약불능성초연한 언명헌신결정한 관점
Abstract
This essay concerns the meaning of incommensurability and its significance for
law. First of all, Part II of this essay observes that disagreement among
individuals concerning human values, goods, and norms is the most important
factual aspect of the human conditions by considering John Rawls’ “circumstances
of justice” and Jeremy Waldron’s “circumstances of politics.” It also emphasizes
the felt need to act together in the face of such disagreement. This essay claims
that incommensurability is the main cause of such disagreement. Part III of this
essay defines the incommensurability by adopting a now-famous example from
Joseph Raz: If I have the options of spending an afternoon walking in the park,
enjoying a glass of scotch, or enjoying a glass of wine, and if the wine option
is better than the scotch option, and if neither the wine option nor the scotch
option is better or worse than the park option, then I have a choice between
incommensurables on my hands, because each of the drink options is not better
than, worse than, or equally good as the park option. It also observes that
incommensurability of values and diversity of valuations are both sides of the
same coin by comparing H. L. A. Hart’s “internal point of view” with Raz’s
“constitutive incommensurability.” Part IV examines tragic consequences caused
by conflict of values and valuations. In a slight digression, this essay touches
upon famous novels called Don Quixote, Hamlet, Sophie’s Choice, the Unbearable
Lightness of Being, to highlight how these novels exemplify the tragedy that
‘radical incommensurability’ may put individuals in. It also overviews Michel de
Montaigne’s idea, ‘skepticism’ that prevailed the time of the Wars of Religion.
Part V introduces such philosophers as Hugo Grotius, Thomas Hobbes, Immanuel...
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/10103
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 48, Number 1/4 (2007)
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