• Title/Summary/Keyword: 헤겔 법철학

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On the immanent Problems of Liberalism and Hegels Philosophy of Right (자유주의의 내재적 문제와 헤겔의 법철학)

  • Kwon, Young-woo
    • Journal of Korean Philosophical Society
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    • v.147
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    • pp.29-58
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    • 2018
  • The purpose of this article is to demonstrate that Hegel's philosophy of right is a dialectic critique of liberalism. The dialectical criticism in this article does not mean the formal logical denial, but a return to self by self-negation. Thus, if Hegel's philosophy of right is a dialectical critique of liberalism, Hegel's philosophy of right will be critical of liberalism and at the same time, it will not reject liberalism, but rather have aspects of liberalism. The criticism of liberalism implies that individual freedoms and rights can not be realized subjectively through individual free acts, but are realized intersubjectively through social mediums. And this is also found in controversies among modern liberalists because modern liberalism requires the government's role and institutional arrangements for the realization of individual freedoms and rights. We can find the aspects of liberalism in Hegel's philosophy of right since Hegel's ethical life entails ultimately the concrete realization and extension of individual freedom and rights.

Hegel's Philosophy of Law and Communitarianism - Focusing on Morality and Ethics - (헤겔의 법철학과 공동체주의 - 도덕성과 인륜성을 중심으로 -)

  • Yang, Hae-rim
    • Journal of Korean Philosophical Society
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    • v.117
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    • pp.161-189
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    • 2011
  • This thesis aims to examine the discussions on communitarianism and liberalism, which was actively debated post-1990's in the West. The paper will focus on the concepts of morality and ethics of Hegel's "Philosophy of Law" in order to connect the discussions on communitarianism and liberalism to our society's political reality. Specifically, through the introduction of Hegel's point of view, this paper will shed new light co the concept of communitarianism, which was viewed from the perspective of political philosophy within the West post-1990's. Through "Philosophy of Law," Hegel imbues a critical and fundamental meaning to modern ethical-political order. For Hegel, Kant's acceptance of morality has a foundational and compositional meaning for the concepts of law and nation. This paper will discuss this topic within the boundaries of Hegel's morality and ethics and regard this as a chance to look back on our political situation with a regretful introspection. International and national reviewers tend to regard the various perspectives of Hegel's philosophy of law as inspirational. However, it seems that the fundamental introspection of why our reality must adhere to his philosophy is lacking. Based on this concern, the paper aims to examine Hegel's "Philosophy of Law" to apply his perspectives to our political reality for a fundamental self-evaluation.