공화민주주의모델의 헌법적 가치구성의 의의와 한계점 = The significance and limitation of constitutional value on basis of republican democracy model

다국어 초록 (Multilingual Abstract)

Thorough rule of law, liberal constitutional democracy attempts to deconstruct all the domination. In this point liberalists understand democracy which admits majority right as negative political system. They propose that democracy should be constrained by rule of law. But liberal constitutional democracy has obvious limits in basic human rights formation. Natural law tradition is not admitted under political pluralism. Consensual method can not be selected too. When we consider incommensurability working as a axiom of liberalists, consensual method is connected to majority rule that liberalists have excluded.
Here we meet repulican democracy model. Republican democracy model which pursues the formation of public willingness presents a alternative on the legitimacy of basic human rights. Basic human rights in republican democracy model works as condition for the production of good goodness to all the people. In other words, Basic human rights in republican democracy model is connected with all the citizen political participation and guaranteeing free argument on all the issue.
But unlike its attempt to create goodness accepted to all, the application of his republican democracy model to ‘real world’ is likely to produce not the ‘good goodness to all the people’ but the domination of power. When republican democracy model on the basis of the equality of power among diverse positions and the openness of each position is applied to ‘real world’ based on the inequality of power among diverse positions and the hardness of each position, the result of the application is likely to produce not the ‘good goodness to all the people’ but recursive consensus toward hegemony value.

참고문헌 (Reference)

1 Kymlicka, Will, "현대 정치철학의 이해" 동명사 2008

2 Mill, J. Stuart, "자유론" 삼성출판사 1988

3 Zima, P. V., "이데올로기와 이론" 문학과 지성사 1996

4 Sandel, Michael, "왜 도덕인가?"

5 Pettit, Philp, "신공화주의: 비지배 자유와 공화주의 정부" 나남 2011

6 MacPherson, C. P., "소유적 개인주의의 정치이론" 인간사랑 1991

7 Rawls, John, "사회정의론" 서광사 1989

8 Laclau, E, "사회변혁과 헤게모니" 터 1990

9 Friedman, Milton, "공화주의와 정치이론" 까치 2009

10 Viroli, Maurizio, "공화주의" 인간사랑 2006

11 Ackerman, Bruce, "We the People" Belknap 1991

12 Arendt, Hannah, "The Origins of Totalitarianism" Harcourt Brace Yovanowich 1951

13 Habermas, Jurgen, "The Inclusion of The Other" MIT Press 1998

14 Hayek, F. August, "The Constitution of Liberty" Chicago UP 1960

15 Barber, Benjamin, "Strong Democracy: Participatory Politics for a New Age" California UP 1984

16 Rawls, John, "Political Liberalism" Columbia UP 1993

17 Arendt, Hannah, "On Revolution" Viking Press 1963

18 Dahl, Robert, "On Democracy" Yale UP 1998

19 Hayek, F. August, "Majority Rule, Democracy: Theory and Practice" Wadsworth Publishing Company 1992

20 Hayek, F. August, "Law, Legislation and Liberty" Chicago UP 1982

21 Nozick, Robert, "Anarchy, State, and Utopia" Basic Books 1974