정의 개념의 두 국면 -여성주의와 유학

Abstract

This dissertation try to approach to the theory of justice in terms of feminism and confucianism which have been excluded from the traditional western theory of justice. This attempt aims to secure a possibility that can approach to a new theory of justice in examination it from a viewpoint of feminism and confucianism focusing on some drawbacks and limitations of John Rawls’Theory of justice regarded as a typical theory in the tradition of western philosophy. This new theory of justice which will be reconstructed by feminism and confucianism is different from John Rawls’Theory of justice focusing on procedures and formalities for a fair distribution of sources and rights. According to feminism and confucianism, justice could be an ethical principle and fundamentals for constitution of society. John Rawls’Theory of justice stresses on fairness through the mutual disinterestedness and asserts that a subject of justice is an independent,autonomous, and rational being. Confucianism, however, insists on a sensitivity of pain on others and takes naturally internalized consideration and responsibility for others as the most important principle. This is similar to relational self in feminism. The Care Ethics from feminism which could be compared with ren(仁) of confucianism is a kind of a theory of justice on relation and it is evaluated as a counterpart on the opposite position from the male-dominated theory of justice. However,the evaluation that both feminism and confucianism are ‘relational’need to be considered carefully. The Care Ethics should be paid close attention because it may not be concerned as a necessary element for justice but only a feature of females contrasted to the justice for males. Especially, confucianism can communi-cate with feminism which take the care as general situations and political practices because confucianism thinks the care should be fulfilled in a political context over personal relations. To recover the limitations of western theory of justice, therefore,justice should be set as a regulatory principle under the concept of love and care beyond the dichotomy between justice and care. On the one hand, the matter of justice is ultimately related to the pursuit of human happiness because the unjustness is directly connected to the pain of a member of a society. Therefore,an axis of the theory of justice is constituted to the Ideal Society Theory. Traditionally, confucianism has been sought a fair and righteous society but it shows a limitation that it could be led to‘ a nation for family’. As well as given the western theory of justice insisting on ‘a nation for market’, feminism can play an important role of an axis to prevent those two viewpoints. Feminism can give a theoretical base which contain the western theory of justice and the confucianism's because feminism aim for the community that values on solicitude and care not denying market, family, and nation.