법과 철학 사이에서 -헤겔 <법철학> 국역본에 대한 촌평: 계약론 부분을 예증 삼아-
Examining Korean Translations of Hegel`s Philosophy of Law -With a View to Legal Terms and Concepts-

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서울대학교 법학연구소
법학, Vol.50 No1 pp.1-37
막스 베버몽테스키외애덤 스미스법률용어의 번역법철학Korean TranslationsPhilosophy of LawTranslation of Legal TermsAdam SmithHegel
In this article I have mainly examined two Korean translations of Hegel’s
Philosophy of Law with a view to legal terms and concepts. The examination
has been concentrated on the second section (“Contract”) of the first part (“The
Abstract Law”) of the book, encompassing §§ 72-81. Besides, I have also
touched upon other classical books on legal themes, covering Montesquieu’s De
l’Esprit des lois, Adam Smith’s Lectures on Jurisprudence: Part I, and Max
Weber’s Wirtschaft und Gesellschaft, and a recent book on the European history.
Although the examination is inevitably partial, the result, indeed, shows a clear
picture. The translators, not being jurists, normally did not refer to the legal
informations which were urgently needed. They usually translated legal terms and
concepts in a wanton way, transmuting them arbitrarily and so rendering readers
to understand incorrectly or falsely. The explanations given by the translators in
the footnotes also serve readers with some unclear or wrong informations.
Sometimes, as is the case with Hegel, the original text itself offers a complex of
confused ideas, which causes the translators much more trouble. Apparently, they
did not try to get over a painful encounter with this situation. It is difficult to
understand why they failed to refer to the legal sources which they could easily
find and which could help them without much ado.
It goes without saying that interdisciplinary cooperations must be practiced
with open hearts if we really want to have good translations. And the jurists
ought to endeavor more eagerly than ever before to initiate translations which
academics of other fields have hitherto taken on.
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 50, Number 1/4 (2009)
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