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18.97.14.83
18.97.14.83
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자유와 법의 관계 -공화주의적 자유관념-
Liberty and Law-from the Conception of Republican Liberty
김연미 ( Yeon Mi Kim )
UCI I410-ECN-0102-2014-300-001751386

The contemporary conceptions of freedom have generally been classified as being negative, positive, or republican. The division between negative and positive liberty has played a major formative role in the rights theory of liberal jurisprudence over the past several decades. This division has been resulted from, above all, Isaiah Berlin`s "The Two Concepts of Liberty". According to him, the negative freedom means non-interference and the positive freedom means self-mastery. A third republican freedom is based on P. Pettit`s concept of nondomination. Republicans such as P. Pettit and Q. Skinner have formulated freedom as nondomination based on the Ancient Athenian and Roman republicanism. But they have little attention on Aristotle`s and Cicero`s conception of a mixed polity and a proportional justice, which covered over different classes, in particular aristocracy. In Roussau`s Social Contract , he divided freedom into natural liberty( under natural situation) and social liberty/moral liberty(under general will, that is, rule of law). He argued that we can`t have natural liberty under rule of law because of anti-reason. His moral liberty is positive. In contrast, Pettit`s freedom as nondomination is negative. I think that the division between natural freedom(dominium) and normative freedom(imperium) is impossible under rule of law.

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