인간의 이성적 의식과 법의 관계를 밝히고 법의 해석 과 판단에 인간의 의식이 어떻게 작용하는가를 고찰 한 저술. 제1부에서는 법의 형이상학적인 측면에서 법의 실체, 그리스의 법, 데카르트의 법, 로크와 법, 칸트와 법, 헤겔과 법, 아담스미스의 법의 경제, 중국의 도덕과 법사상을 다루었다. 제2부에서는 심리학적 분석으로 헌법의 심리학적 해석, 법의 판결절차, 증거법, 형법과 죄, 청소년과 가족법, 조세법, 플라톤의 법, 칸트의 도덕론의 경험적 확인, 헤겔의 자아와 노동법, 법의 4차원에 대해 다뤘다.

Xunzi’s pessimistic understanding of human nature and his endorsement of the intrinsically valuable virtue of yi (義) put him in a vulnerable position. To defend this position, Xunzi needs to conquer what the essay calls “the compatibility problems,” the first of which concerns the compatibility between bad human nature and virtue, while the second is between Xunzi’s functional understanding of virtue and his understanding of virtue as possessing intrinsic value. If Xunzi’s moral philosophy were to fail to solve these two (...) problems, it would be guilty of inconsistency. In reconstructing a genealogy of Xunzi’s philosophy, I argue that he can successfully resolve the two compatibility problems, and his genealogy perspicuously shows that virtue can grow out of vicious human nature. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Confucian Rituals and the Technology of the Self:A Foucaultian InterpretationHahm ChaibongIntroductionModern political theory is "liberation" theory. Liberalism pivots on the idea of individual liberty, defined largely as freedom from government interference in private lives. All major versions of it, from the Lockian social-contract theory to the Rawlsian theory of justice, focus on protecting the rights of the individual. Marxism and other leftist political theories revolve around the notion of (...) recovering and liberating the original freedom of humanity that has been corrupted or otherwise twisted out of recognition by modern society and its institutions. Rousseau, Marx, and Freud all long for the "total revolution" that will free humanity from the decadence of modern society, capitalism, and even civilization itself.1 In marked contrast to modern Western political theories, Confucianism emphasizes harmony in interpersonal relationships and affirms the role of the family, the community, and the state as essential components of a just and humane society. Civilization is considered both the means and the end of human flourishing, not something to be limited, abolished, or otherwise overcome. In terms of its "micro-theory," Confucianism emphasizes self-discipline, ritual propriety, and moral uprightness, not individual freedom and liberation.At first sight, the disciplined, proper, and moralistic Confucian might seem a far cry from the free, independent, and spontaneous individual of liberalism. The strong emphasis placed on human-relatedness and social harmony, enforced by elaborate codes of ritual conduct, would seem to encourage "rational adjustment to the world," not revolutionary incitement to change it. Confucianism is thus often regarded as the premodern political theory par excellence by modern political theorists. From the May Fourth Movement through the Great Cultural Revolution to the Asian Values debate, Confucianism has always stood as the symbol of feudalism and as the single greatest obstacle to modernity, hindering the development of a scientific outlook, class consciousness, and liberal democratic values.In what follows, however, I argue that the Confucian practices of self-discipline and ritual propriety are quite suitable for a democratic society. Indeed, not only is Confucianism suitable for democracy, but it also fills an important lacuna in modern democratic theory. In a liberal-democratic society, citizens are given ever more freedom to exercise their rights. However, theories of negative freedom and other "primacy-of-rights" theories have privileged individual liberty and rights to such an extent that citizens in a modern democracy have little basis for mutual consultation, deliberation, and agreement. As a result, there is very little in liberal theory, or in [End Page 315] theories of the left, for that matter, that deals with concrete ways in which freedom can be exercised. Confucian theories and practices of self-discipline and ritual propriety can fill this gap in liberal theory.In making this point, I enlist the help of Michel Foucault. Foucault's investigations of ancient Greek and Roman technologies of the self in his later works show that the practices of self-cultivation, self-discipline, and ritual conduct do not necessarily inhibit freedom.2 In fact, such practices are indispensable for the proper practice of freedom. Moreover, Foucault's now-famous investigation of the logic of power, discipline, truth, and knowledge provides a profound insight into the nature of freedom and its practice that is not to be found in currently dominant liberal theories. It provides an important antidote to the common misconception that selfdiscipline and ritual propriety are contrary to individual freedom. Foucault thus provides us with a new perspective from which to investigate and affirm the democratic potential of Confucianism.The Scrutable Body and LiIn the Western philosophical tradition, the metaphysical, the transcendental, or the purely rational has always been the "real." The Platonic eidos, the Christian soul, the Cartesian cogito, and the Kantian noumena all emphasize the priority and the primacy of the metaphysical over the physical as the repository of truth, beauty, and reality. The physical body, on the other hand, has been viewed as the corrupted shadow of the ideal form, the prison of the soul, a mere physical extension or a passing phenomenon. Modern psychology, Freudian or otherwise, emphasizes the conscious/unconscious as the realm that determines our being and character. In contrast... (shrink)

At first, the disciplined, proper, and moralistic Confucian might seem a far cry from the free, independent, and spontaneous individual of liberalism. However, Confucian self-discipline and ritual propriety are quite suitable for a democratic society. Liberal political theories privilege individual freedom, but there is little in them that deals with concrete ways in which this freedom can be exercised. Confucian theories of self-discipline and ritual propriety can fill this gap in liberal theory. Michel Foucault's investigations of Ancient Greek and Roman (...) technologies of the self show that self-cultivation, self-discipline, and ritual conduct are indispensable for the proper practice of freedom. Thus, Foucault provides us with a new perspective from which to investigate and affirm the democratic potential of Confucianism. (shrink)

In a society marked by liberal gun ownership laws, and an increasingly militarized police force, how should we think about cases where a homeowner shoots a person who has mistakenly knocked on the wrong door, or where a police officer shoots someone who is unarmed? The general tendency – by shooters, courts, and many observers – is to use the framework of self-defense. However, as I will argue, relying on the framework of self-defense is inappropriate in these cases, because theories (...) of self-defensive killing are built up around a very specific type of case, namely, a random, sudden, one-off encounter between roughly equally matched strangers. When a person who acts in self-defense has undertaken certain preparations to kill in self-defense – such as buying a gun, or undergoing certain kinds of training – they transform what would have been defensive violence into offensive violence. But because the self-defense framework distinguishes only between defensive and aggressive violence, it cannot easily register the unique moral features of offensive violence. Relying on the self-defense framework, then, produces judgments that are overly permissive of killings by gun owners and police, masking them as self-defensive when in fact they are much more morally fraught. (shrink)

교사와 장학관을 역임한 저자가 들려주는 전통도덕의 원리와 실천서. 유가의 사상, 유가의 생활, 제도와 예법, 유가 전적의 이해 등을 설명했다. 전통적 생활방 식과 가치를 이해하고 실천하는데 도움이 되도록 엮었다.

When the odds of achieving world peace seem so long, do hopes for peace amount to anything more than wishful thinking? In this paper, I introduce the idea of meaningful hope, which can help us to u...

IntroductionClinical ethics committees (CECs) support and enhance communication and complex decision making, educate healthcare professionals and the public on ethical matters and maintain standards of care. However, a consistent approach to training members of CECs is lacking. A systematic scoping review was conducted to evaluate prevailing CEC training curricula to guide the design of an evidence-based approach.MethodsArksey and O’Malley’s methodological framework for conducting scoping reviews was used to evaluate prevailing accounts of CEC training published in six databases. Braun and Clarke’s (...) thematic analysis approach was adopted to thematically analyse data across different healthcare and educational settings.Results7370 abstracts were identified, 92 full-text articles were reviewed and 55 articles were thematically analysed to reveal four themes: the design, pedagogy, content and assessment of CEC curricula.ConclusionFew curricula employ consistent approaches to training. Many programmes fail to provide CEC trainees with sufficient knowledge, skills and experience to meet required competencies. Most programmes do not inculcate prevailing sociocultural, research, clinical and educational considerations into training processes nor provide longitudinal support for CEC trainees. Most CEC training programmes are not supported by host institutions threatening the sustainability of the programme and compromising effective assessment and longitudinal support of CEC trainees. While further reviews are required, this review underlines the need for host organisations to support and oversee a socioculturally appropriate ethically sensitive, clinically relevant longitudinal training, assessment and support process for CEC trainees if CECs are to meet their roles effectively. (shrink)

A longstanding orthodoxy holds that the Mohists regard the promotion of li (benefit, 利) as their ultimate normative criterion, meaning that they measure what is yi (just, 義) or buyi (unjust, 不義) depending on whether it maximizes li or not. This orthodoxy dates back at least to Joseph Edkins (1859), who saw Mozi as a utilitarian and an ally of Bentham. In this paper, we will argue that this orthodoxy should be reconsidered because it does not square with several passages (...) from the Mozi. That the Mohists place a strong weight on the promotion of ‘li for the whole world (tianxia zhi li, 天下之利)’ is uncontroversial. We argue, however, that in certain cases the Mohist moral calculus diverges in its rationale or outcome from li-promotionalism. This position rejects the orthodoxy by showing that Mohism and li-promotionalism are not entirely coterminous. (shrink)