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한국에서의 법의 지배 : 법과 자유 -법가치로서의 자유에 관한 한 고찰- : Law and Liberty -A Study on the Liberty as the Value of Law-
DC Field | Value | Language |
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dc.contributor.author | 심헌섭 | - |
dc.date.accessioned | 2009-09-09T05:05:40Z | - |
dc.date.available | 2009-09-09T05:05:40Z | - |
dc.date.issued | 2001 | - |
dc.identifier.citation | 법학, Vol.42 No.4, pp. 1-26 | - |
dc.identifier.issn | 1598-222X | - |
dc.identifier.uri | http://lawi.snu.ac.kr/ | - |
dc.identifier.uri | https://hdl.handle.net/10371/9050 | - |
dc.description.abstract | In law the liberty is no less highly aspired as its value than the value of
peace or justice. The legal order without any regard to freedom is regarded as a kind of suppression. Liberty is the bulwark as well as the cause of the rule of law. This article tackles with four important problems of legal liberty. The first problem concerns the concept of liberty. There are many conceptions of freedom(ancient and modern, republican and liberal, negative and positive, democratic and idealistic, formal and material, etc). But they are families of ideas held together by a family resemblance among them. The full concept of liberty must also draw on all sides of its main conceptions. So the liberty must mean that the people must live under social arrangements that he has helped to make, and he must enjoy an extensive sphere of activity within which he is free from external and internal constraints, and he must decide himself how he is to live. The second problem is related to the principle of distribution of legal freedom. The freedom like other legal values is not enough, but scarce. Therefore we must think about how freedom should be distributed among individuals, and to what extent they should be free. With regard to this problem the thinkers of western enlightenment thought that all men are born as free and equal beings and, therefore, that nobody by nature is subject to another person. This conception of liberty is in fact a normative one that all people should enjoy equal liberty and that everyone should get the greatest equal liberty which is compatible with the same freedom for all others. The best known formulation of the principle is Kant's normative definition of the... | - |
dc.language.iso | ko | - |
dc.publisher | 서울대학교 법학연구소 | - |
dc.subject | 자유의 법가치 | - |
dc.subject | 역설의 소용돌이 | - |
dc.subject | 자기규율 | - |
dc.title | 한국에서의 법의 지배 : 법과 자유 -법가치로서의 자유에 관한 한 고찰- | - |
dc.title.alternative | Law and Liberty -A Study on the Liberty as the Value of Law- | - |
dc.type | SNU Journal | - |
dc.contributor.AlternativeAuthor | Sim, Heon Seob | - |
dc.citation.journaltitle | 법학 | - |
dc.citation.endpage | 26 | - |
dc.citation.number | 4 | - |
dc.citation.pages | 1-26 | - |
dc.citation.startpage | 1 | - |
dc.citation.volume | 42 | - |
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