영미에서의 공익개념과 공익의 법문제화 -행정법의 변화와 대응- : The Anglo-American Concept of Public Interest and Its Legal Argumentation: Paradigm Shift and Confrontation of Administrative Law

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서울대학교 법학연구소
법학, Vol.47 No.3, pp. 52-88
DeliberationPreponderance Theory우세공익론신공공관리행정법의 패러다임 변화공공의사결정Civic RepublicanismInterpretive PrinciplesPublic Decision-makingNew GovernanceThe New Public공익법시민공화주의
Like other value concepts of mankind, public interest has shown a broad

range of argumentations. However, when we focus on the ruling ideas of public

interest in our society, we recognize that understanding the concept of public

interest in the Republic of Korea has been affected by that of Anglo-Americans.

For this reason, the Anglo-American concept of public interest is an important

issue not only in the U.K. and the U.S.A. but also in our country. Traditionally,

Benthamite's interest theories of public interest have been dominant in

Anglo-American societies even though there has been criticism from the common

interest theorists, emergent interest theorists and the unitary interest theorists, the

ruling ideas of public interest in the Anglo-American world have been generated by

Benthamite's utilitarian perspectives. Recently, these ideas have greatly influenced

the paradigm shift of public management and public law concepts in the U.K., the

U.S.A. and our country. For instance, the Government of R.O.K. shares in the

values and methodologies of the deregulatory agenda of Reagan era, Clinton's

attempt to reinvent government and Bush's return to deregulatory agenda.

However, these modern forms of Benthamite utilitarianism have been

condemned as serving only the dominant interest groups in society due to the

absence of identifiable normative content which can defend or advance

fundamental democratic values such as citizenship, political deliberation and

political accountability. Because of this absence, it has been hard to resolve social

conflicts and bipolarization, which are all very urgent and constant problems.

Under these circumstances, we should not adopt the preponderance theories of...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 47, Number 1/4 (2006)
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