서구 ‘권리’ 관념의 수용과 변용 ― 유길준과 후쿠자와 유키치의 비교 고찰

Abstract

The modern Western concept of right(s) or the idea of natural rights was introduced to the East Asian countries China, Japan, and Korea, through the mediation of Confucian thought, especially with the help of neo-Confucian concepts. For example, ziranquan(自然權; natural rights), tianfurenquan(天賦人權; rights endowed by Heaven) or xingfa(性法)/ziranfa(自然法; natural law) could not be introduced without the neo-Confucian concepts of the ‘Heavenly Principle of Nature, tianliziran(天理自然)’ or the idea of ‘Nature as Principle/Reason, xingzeli(性卽理).’ Here mediation means a way of reception which entails hybridization between ‘traditions’ and ‘the modern.’ By the way, the neo-Confucian traditions in the East Asian countries showes similarities and differences. Therefore it appeared similarities and differences in the modes of reception, change, and hybridization of the right(s) idea among East Asian countries. Then what does it mean that the idea of right(s) was introduced through the mediation of (neo-) Confucian thought? It means that there have been indeginous ideas of right(s) in (neo-) Confucianism. In this paper, I will examine and compare the mode of reception and the change of the concept of right(s) in the thought of Yu Kilchun (1856-1914) and Fukuzawa Yukichi (1835-1901). How did both receive the concept of the natural rights and law? How did the notion of right(s) change in both? In this process of change, how did both tackle the question how to coordinate the relationship between rights and power; between natural rights and law-bound rights (i.e., people’s rights enacted bt law)? Before answering these questions, in the next section, I would like to discuss the problems of translation concerned with renderings of right(s). Lastly, I will analyze the differences in legal thinking of Yu and Fukuzawa, and put my view on it.