법담론의 전환기적 특성

Abstract

In this article, I keep in mind that it is necessary to reflect on the limit and potential of law in the transitional period of the current era. In this transitional period of increasing legal disclosure, I would like to express some fragmentary thoughts on how to understand the situation where more controversial and uncertain elements are transferred to the legal area than ever before: First of all, the gradual changes we observe since decades-long, in theory of legal concept, theory of the source of law, legal interpretation methodology, applied legal philosophy, and etc., suggest that the scope of legal discussion has much expanded than ever before. Additionally, it manifests embracement and convergence, rather than making distinctions and boundaries, when considering matters of legal interest. The ‘expanded jurisprudence’ of this transitional period requires the expansion of legal reasoning, which might arise based on the dilemma inherent in the law. Therefore, for the expansion of legal reasoning, we should focus more on how the following categorical antagonisms, frequently mentioned in the philosophy of law, e.g., form and content, is and ought, objectivity and subjectivity, observer’s and participant’s point of view, core and periphery, and etc., hold relationships that are mutually constrained rather than artificially divided.