丁若鏞의 正義論

Abstract

The fundamental thoughts of the justice theory on the Jeong yak-yong is the respect of human dignity. In this context, Jeong yak-yong asserts that the realistic guarantee of human universal dignity is based on human rights. And Jeong yak-yong focus on peoples' problem of life, rights, and discrimination rather than concentrates on the rights of social leading class. Jeong yak-yong aims to resolve the problem which the people encountered discrimination and damage on the life, property, status. Therefore, the justice theory of Jeong yak-yong be called the justice of charity to the people. In order to resolve the injustice, Jeong yak-yong debates the issues that emotion causing injustice problem, property causing injustice problem, social state causing injustice problem, king related injustice problem. But Jeong yak-yong's theory of justice not only stress strict fairness but also attach greate importance to benevolence. And Jeong yak-yong emphasizes the importance of moral, at the same time he argues the conflict between justice and moral. The theory of justice on the Jeong yak-yong express progressive consciousness, but it includes the some point of era's paradigm. Those are as follows ; First, Jeong yak-yong rests on the basis of recognize the king's supreme state, so he accepts discrimination on the punishment of king's father's crime. Second, Jeong yak-yong recognizes the private homicide for a revenge conduct. The limitation on the Jeong yak-yong's justice theory reveals that he esteem the traditional culture.