국가질서와 시민불복종의 연구 : 소로우(H. D. Thoreau)의 사상을 중심으로

Abstract

As everyone knows, the thoughts that are closely related to the establish and development of modern America are Locke’s social contract theory. Social contract theory was predicated on the premise that the necessity of nation’s order based on human’s reason and rationality to overcome the risks or dangers caused by the situation of pre-nation or no-nation. But,although based on the reason and rationality, some people distorted the social contract theory and supported the slave system for a long time which are inhuman and unjust in itself. Thoreau tried to showed the nation’s order by reinterpretation of social contract theory for these problems. By social contract theory, all men are free and independent and that the government is must be established for the purpose of protecting the people’s lives, liberty, and estate. Thoreau then turned to Emerson’s transcendentalism to overcome the limitation of nation’s order established by the social contract theory. This philosophy defined the individual as politically equivalent to the nation, thereby assuming that one person’s secession could effectively disintegrate a unjust and corrupt government. Thoreau integrated social contract theory and transcendentalism, and then developed the theory of civil disobedience, in here, he said the peaceable revolution. While, when the consciences are seriously hurted in national emergency, he suggested figuratively that people can’t help using the violence to the government. In fact, We can summary that Thoreau’s the whole of the theory of social participation are heroism. Of course, the hero is not elitism, but every individual that symbolize the people who have conscience when he see the social unjustice, and can show the resistance by both spirit and action. In fact, the problem of nation’s order and civil disobedience are very frequently occurred in the scene of the assembly and demonstration in today, and it is hard to find the clue of its solution. To solve these problems(especially, in the violent demonstration), we must sublate the conflict between the nation’s power and interest groups caused by political ㆍformal justification, and find the chance that can recognize the original identity of national’ order each other again. Therefore, we must remember that the civil disobedience must not be used by the absolutely means which incapacitate the nation’s official power. More important thing is to recognize the identity of the nation’s order which are based on the morality and conscience before the law.