법의 지배에 관한 연구
A Study on the Rule of Law
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Abstract
This article aims to examine the theoretical and practical implications of the rule of law in the viewpoint of discourse theory. Discourse is language as social practice determined by social structures. Actual discourse is determined by socially constituted orders of discourse. Orders of discourse are ideologically shaped by power relations in social institutions and in society as a whole. Discourse has effects on social structures and contributes to social continuity and social change. Legal discourse is a special type of discourse which operates in the realm of law. Legal discourse as a kind of official discourse has defining and regulatory effects on other social discourses and practices: that is, legal discourse has the effects of incorporating and excluding other social discourses and practices. Rule of law discourse is a type of legal discourse. Rule of law discourse has many dimensions: rule of law as general discourse, rule of law as interdiscourse and intradiscourse, rule of law as counter discourse and dominant discourse, rule of law as means discourse and end discourse. Through the discursive investigation of the rule of law, we can understand many aspects of the rule of law such as formal legality and substantive legality, rule by law and rule of law, rule of law and rule of reason etc. But further study of discourse theory is needed to clarify the meanings of the rule of law.
참고문헌 (15)
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