『사적소유』에 대한 (법)철학적 사색

Abstract

In this article the original meaning of legal term “private property" is philosophically scrutinized, and then the limit of its usage and the transformation of its meaning are strongly questioned in modern hyper-biotechnological era. The english term “private property" should be translated into the chinese expression “私的 所有". The expression “所有” doesn't mean “that someone has a certain thing, but" a state in which something is or “what is". Why should it be translated in this way? It is sure that there is a certain theory of appropriation or a certain thought of property in the background of this translation. Besides, we wonder if the traditional theory of property can cover the legal relationship between a human and his own body in this generation of hyper bio-science. It has almost been a thing of the past that human body parts can be transplanted and we are living in the time when everyone can be cloned. Can I assert my property right on my own body parts which has been transplanted into the other person? Generally speaking, is it legally possible that my body or my body part belongs to me? In modern age we need an another type of property theory.