伯夷論, 조선 사대부의 정의론

Abstract

This paper looks at ‘absence of injustice’ as an aspect of justice system built by Joseon nobles through Boyi theory(伯夷論), then it primarily aims at revealing differences and finding out their modern meanings in conjunction with the definition of John Rolls, a representative figure of liberal justice. For this purpose, this paper first examines the justice system of Confucianism underlying the Boyi theory and identified the substance of the justice system projected on the Boyi theory in the foundation. Furthermore, this paper tries to clarify differences and extract meanings between the Western justice system and focusd on Kim Siseup’s “Baekyisukjechan(伯夷叔齊贊)” a representative of the Boyi theory of the Joseon Dynasty. According to the analysis of this paper, the Boyi theory is the best text realized justice system of Joseon nobles based on benevolence(仁義) of Confucianism. It is a theory of justice that has been deeply embedded in each person's life, not just in an argument like Kim Siseup’s case. Joseon nobles’ justice system based on benevolence operates to direction which emphasizes on responsibilities and duties in relationship, so this seems to separate from distribution justice or regal justice unconcerned about the issues of personal freedom and rights. Moreover, there is always the potential to conflict with the universally required justice outside of a relationship, and the question of justification as it is given within the system and customs without an agreed process still remains. However, considering the ethical tradition of our society, which has placed importance on community coordination and harmony over individual freedom and rights, we cannot blindly follow the arguments of liberal justiceists including John Rolls. Moreover, John Rolls’s justice theory may fall into formalism when it relates to specific socioeconomic conditions. This is because the root cause of inequality as an object problem of liberalism justice is not just about distribution, and securing fairness and procedurality does not eliminate social injustice. To build a practical normative justice system, we need to seriously consider the level of injustice that cannot be captured through abstract rationality which said by liberal justiceists. The justice system of Joseon nobles based on benevolence of Confucianism has significant value in this point. In particular, significant information can be provided in overcoming the limitations of liberalist justice, which is irrelevant to the suffering of others. As an alternative to liberal justice theory, it is necessary to recheck the justice theory of Joseon nobles projected on the Boyi theory, particularly to provide meaningful information in understanding the role and value of ethics in the realization of justice.