• Journal of Science of Art and Design
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• v.11
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• pp.109-152
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• 2007

This thesis started from accepting the criticism and concretely seeking the possibility of visual visuality, in particular, visual physicality or physical visuality through the expression revealed in painting space. This study aims at stressing the role of the body in visual perception and pictorial expression by it by examining the interaction between it and the body. First of all, this study explored perception and the position of the body in the great frame of the historical stream from modernism, through minimalism, through post-minimalism to later art in order to confirm the interaction between visual perception and the body or the change in the intervention of physicality in the stream of contemporary art, and connected them with a discourse on perception and the body. It raised as the grounds for it the discussions which provided the theoretical background about perception. It dealt with the scientific discussions on perceptual physicality by Gestalt psychology in perceptive psychology, and next the discussion of Rudolf Arnheim who exemplified Gestalt psychology mainly on the dimension of visual art. It is significant in explaining the perceptual activeness which is the same as that of M. Merleau-Ponty as a primary debater to solve the questions of perceptual physicality and physical visuality. M. Merleau-Ponty set forth ambiguous perception and the body as its background as the fundamental bases for perceiving the world rather than consciousness proved explicitly. As Hal Foster said, as minimalist phenomenological background they provided appropriate theoretical background to the late art rising against modernist logic. Next, after the 1970s Frank Stella showed a working method and a tendency entirely different from those in the previous period. For example, deconstruction of frame, decentralized spatial expression, dynamic and mixed expression, and allowing real space by overlapping were judged to swing to approval of perceptual physicality. Francis Bacon's painting structure, that is, figure, triptych, aplat and a method of production by accident were understood to well reflect M. Merleau-Ponty's chair logic of chiasme. This study tries to seek the possibility of pictorial expression from works aiming at defining the question of seeing in connection with physicality, the role of the body as the body accumulated and the linking with a real, daily life as the background of the body, and confirm the phase shift.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.105-162
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• 2020

In the pandemic of infectious disease, restrictions of individual liberty have been justified in the name of public health and public interest. In March 2020, the National Assembly of the Republic of Korea passed the revised bill of the 「Infectious Disease Control and Prevention Act.」 The revised bill newly established the legal basis for forced testing and disclosure of the information of confirmed cases, and also raised the penalties for violation of self-isolation and treatment refusal. This paper examines whether and how these individual liberty limiting clauses be justified, and if so on what ethical and philosophical grounds. The authors propose the theories of the philosophy of law related to the justifiability of liberty-limiting measures by the state and conceptualized the dual-aspect of applying the liberty-limiting principle to the infected patient. In COVID-19 pandemic crisis, the infected person became the 'Patient as Victim and Vector (PVV)' that posits itself on the overlapping area of 'harm to self' and 'harm to others.' In order to apply the liberty-limiting principle proposed by Joel Feinberg to a pandemic with uncertainties, it is necessary to extend the harm principle from 'harm' to 'risk'. Under the crisis with many uncertainties like COVID-19 pandemic, this shift from 'harm' to 'risk' justifies the state's preemptive limitation on individual liberty based on the precautionary principle. This, at the same time, raises concerns of overcriminalization, i.e., too much limitation of individual liberty without sufficient grounds. In this article, we aim to propose principles regarding how to balance between the precautionary principle for preemptive restrictions of liberty and the concerns of overcriminalization. Public health crisis such as the COVID-19 pandemic requires a population approach where the 'population' rather than an 'individual' works as a unit of analysis. We propose the second expansion of the harm principle to be applied to 'population' in order to deal with the public interest and public health. The new concept 'risk to population,' derived from the two arguments stated above, should be introduced to explain the public health crisis like COVID-19 pandemic. We theorize 'the extended harm principle' to include the 'risk to population' as a third liberty-limiting principle following 'harm to others' and 'harm to self.' Lastly, we examine whether the restriction of liberty of the revised 「Infectious Disease Control and Prevention Act」 can be justified under the extended harm principle. First, we conclude that forced isolation of the infected patient could be justified in a pandemic situation by satisfying the 'risk to the population.' Secondly, the forced examination of COVID-19 does not violate the extended harm principle either, based on the high infectivity of asymptomatic infected people to others. Thirdly, however, the provision of forced treatment can not be justified, not only under the traditional harm principle but also under the extended harm principle. Therefore it is necessary to include additional clauses in the provision in order to justify the punishment of treatment refusal even in a pandemic.