사형에 대한 메타 윤리적 연구
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The criminal law relies upon the causality of crime and punishment. It would rather consider an act than an actor, since the act makes the very condition for the punishment. But in the perspective of christian ethics a punishment is not concerned with a criminal act but with its subject. Christian ethics, just like Jesus’ commendment, has much to do with the motive, rather than the act. It inclines to the personal being as a unity of being and act. On the contrary the criminal law is so absorbed in the act itself, that it has defectiveness in decision. The law is established by nature both for human being and for his restoration. Thus the order of law comes to absolutize itself, if it passes over the purpose. When the criminal law neglects the personal integrity as a constituent of the law-community, there would be always the possibility of dissonance between crime and punishment. The human being transcends the order of law. Accordingly the law-community should respect such a transcendent factor. Christian ethics has at once to distinguish the ethics from the law and to search for the mutual relation. The objection to the capital punishment, which christian ethics brings forward, does not fall into the absurdity of law. It can preferably recover the original meaning and function of law, since the capital punishment is opposed to the original function of law. Christian ethics constructs a metaethical dimension, which stands above the retention and abolishment of capital punishment. It provides, as it were, through capital punishment the basic understanding of reality, which builds the law-community.
Abstract
The criminal law relies upon the causality of crime and punishment. It would rather consider an act than an actor, since the act makes the very condition for the punishment. But in the perspective of christian ethics a punishment is not concerned with a criminal act but with its subject. Christian ethics, just like Jesus’ commendment, has much to do with the motive, rather than the act. It inclines to the personal being as a unity of being and act. On the contrary the criminal law is so absorbed in the act itself, that it has defectiveness in decision. The law is established by nature both for human being and for his restoration. Thus the order of law comes to absolutize itself, if it passes over the purpose. When the criminal law neglects the personal integrity as a constituent of the law-community, there would be always the possibility of dissonance between crime and punishment. The human being transcends the order of law. Accordingly the law-community should respect such a transcendent factor. Christian ethics has at once to distinguish the ethics from the law and to search for the mutual relation. The objection to the capital punishment, which christian ethics brings forward, does not fall into the absurdity of law. It can preferably recover the original meaning and function of law, since the capital punishment is opposed to the original function of law. Christian ethics constructs a metaethical dimension, which stands above the retention and abolishment of capital punishment. It provides, as it were, through capital punishment the basic understanding of reality, which builds the law-community.
참고문헌 (19)
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