법가치의 객관성에 대한 내재적 실재론의 가능성

Abstract

The issue of objectivity of legal values is a part of objectivity of general moral values. And this issue has been considered as a dispute about moral realism. Mackie argued anti-moral realism(error theory) through disagreement argument and queerness argument. Moral realist is against Mackie’s theory in that value property might not necessary induce moral conduct. Natural law theories conform with strong moral realism partly, but could not prove the reality of value property. Positive law theories could not prove the reality of value property, too. Internal realism asserts that idealized rational acceptability, that is, ideal coherence assures the objectivity of values. I think this theory to be best in the argument about objectivity of legal values.