S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) 법학 법학 Volume 47, Number 1/4 (2006)
사회과학자가 본 법학연구 ; "헌법의 시민적 읽기": 한국 헌법학 반성을 위한 프롤로그
Jurisprudence Study from the Viewpoint of Social Scientists ; For the Sake of Civic Readings of the Constitution: A Reflection on the Juristic Studies of the Korean Constitution
- Issue Date
- 서울대학교 법학연구소
- 법학, Vol.47 No.3, pp. 216-253
- 법학적 읽기; 학문적 수준과 헌법적 수준간의 방어적 불균형; 발견적 읽기; Constitution, civic reading; invention type reading; interpretation type reading; juristic reading
- A Constitution is a text, in principle, open to all citizens. Any people who
can read is supposed to read it and to know it. In a way, the Constitution is
compared to Bible which is open to all laymen. These, too, are encouraged to
read Bible and to learn it by themselves by simply reading it.
With the growth of modern legal science, however, the Constitution has
become much an intricate science and required much a technical understanding,
that no lay-citizens dare to read it without the intervention of legal experts. This
has caused the legal science to become more autonomous and less ministerial.
This paper proposes to begin anew a pre-juristic reading of the Constitution,
guided by the common sense of the ordinary citizens. This will open a way to
actualize the Aristotelian ideal of civic politics, where ordinary people enjoy the
right of sharing in deliberative and judicial affairs, thereby attaining the actual
sense of citizenship in their state.