• Title/Summary/Keyword: 관습적 규약

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The Role of Sympathy and Moral Nomativity in Moral Sentimentalism of Hutcheson, Hume, and Adam Smith (허치슨, 흄, 아담 스미스의 도덕감정론에 나타난 공감의 역할과 도덕의 규범성)

  • Yang, Sunny
    • Journal of Korean Philosophical Society
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    • no.114
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    • pp.305-335
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    • 2016
  • In the eighteenth century, the scottish philosophers Francis Hutcheson, David Hume and Adam Smith share the idea that morality comes from moral sense, which is a feeling of approval or disapproval of agent's motive and action. However, they have the different views in explaining the mechanism that generates the moral sentiments. Hutcheson takes a moral sense to be a unique mental faculty that is innate to all humans, and regards it as being guaranteed by supernatural apparatus like divine Providence. Hume and Smith reject Hutcheson's concept of internal moral sense and take a stage further Hutcheson's projects of internalisation by naturalizing morality in terms of the principle of sympathy. It is widely held that Hume's moral sentimentalism is essentially similar to Adam Smith's. Though there are important points of contact between Smith's account of sympathy and Hume's, the differences are considerable. The chief of them lies in the fact that Hume grounds our approval of virtue on our recognition of its utility and convention, and Smith does not. Smith grounds our approval of virtue on the impartial spectator's judgment, i.e., conscience. Hence for Smith, the impartial spectator is the one that bridges the gap between particularity and universality and works the vehicle of practical reason. Given this, in this paper, first, I will clarify the difference between Hume's and Adam Smith's understandings of sympathy. Second, I will elucidate how they explain the process to produce the moral sentiments based on their understandings of sympathy. I shall finally explicate in what way Hume's and Smith's theories on sympathy work as moral normativity.

Keeping Distance from Pathos and Turning Rational Trade into Emotions -The Change of Genres and the Reorganization of Emotions in the South Korean Films in the 1990s (파토스에의 거리와 합리적 거래의 감성화 -1990년대 한국영화 장르의 변전(變轉)과 감성의 재편)

  • Park, Yu-Hee
    • Journal of Popular Narrative
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    • v.25 no.3
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    • pp.9-40
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    • 2019
  • This study presents an investigation into South Korean films in the 1990s in the aspects of genre change and emotional reorganization. The 1990s witnessed a change of genres and a paradigm shift in the history of Korean films according to the revolutionary changes of the film industry structure and media environment. Believing that these changes had something to do with emotional changes driven by global capitalization symbolized by democratization in 1987 and the foreign currency crisis in 1998, the investigator analyzed the phenomena in film texts and examined the opportunities and context behind them. Unlike previous researches, this study made an approach to the history of Korean films in the 1990s with three points: first, this study focused on why the romantic comedy genre emerged in the 1990s and what stages its formation underwent since there had been no profound discussions about them; secondly, this study analyzed the biggest hits during the transitional period from 1987~1999 to figure out the mainstream genres and emotions during that period since these hits would provide texts to show the genre domain and public taste in a symbolic way; and finally, this study grew out of the separate investigation approach between melodramas and romantic comedies and looked into an emotional structure to encompass both genres to make a more broad and dynamic approach to South Korean films in the 1990s. History flows continuously without severance from previous times. When there is attention paid to inflection points and opportunities in the continuum, it can show the dynamics and structures of changes. This research led to the following conclusions: the mainstream genre of South Korean films had been melodramas until the 1980s. The old convention had been kept to offset or suture contradictions and excessive elements deviant from the structural consistency. Here, the structural consistency refers to no compliance to rational regulations or trade. The process of genre reorganization in the 1990s happened while securing some distance from the convention of making the structural consistency a sacrifice. The direction was to reinforce control through reasonable rationalism and logic of capital. It developed into romance, which would start with comedy to keep distance from the objects through laughter, heighten the level of remarks, and expand criticality, symbolize emotions with taste items, and build through the logic of mutual consensus and practical trade. In the 1990s, the South Korean films thus developed in a direction of moving away from the narrative of urgent pathos based on unconditional familism. It was on the same track as the entry of the South Korean society into the upgraded orbits of democracy and capitalism as the twins of modern rationalism since the latter part of the 1980s.

A Critical Review and Legislative Direction for Criminal Constitution of Piracy (해적행위의 범죄구성요건에 대한 비판적 고찰과 입법 방향)

  • Baeg, Sang-Jin
    • Journal of Legislation Research
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    • no.55
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    • pp.167-191
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    • 2018
  • Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.