정약용의 복수의 윤리 - 법과 윤리의 상관관계를 중심으로 -

Abstract

This paper attempts to grasp the theory of revenge of Jung Yak-Yong in the context of the relational self of Confucian society which is the ground of familism. This paper deals with relation of the law as the ethical behavioral norm of the national community and ethics that differently apply to social relations. If the existing studies are focused on analyzing the revenge theory of Jeong Yak-yong in the context of institutional problems, legal positivism and natural law, this paper considers revenge in the moral philosophical horizon distinguishes meanings of self - awareness, an behavioral approach to human nature. The results are as follow. First, his legal philosophical point of view through the theory of revenge of Jeong Yak-yong is a mixture of legal positivism and natural law. Second, by expanding the voluntary and autonomous nature of his ethics of consideration in relation to theory of revenge to social norms, anger and conflict can be resolved from the terrain of mutual understanding. Third, his understanding of human beings, composed of the nature of good and the possibility of action, will open a way to acquire universality of conduct beyond kin or family. The distinction between the nature of good as original possibilities and empirical good according to autonomous judgments will help to clearly distinguish between revenge categories that are ambiguous in the boundary between lawand morality. In conclusion, the conclusion that can be drawn from this paper is that Jung Yak-yong proposed the grounds for reconciliation and integration community in that he strictly restrained revenge requirements for social order and stability instead of taking the revenge innocence.