형사법적 정당성에 비추어 본 빌라도의 예수재판

Abstract

The trial for Jesus Christ by Pontius Pilate, as the conflict between the positive law and the natural law, may arrive at the conclusion that the trial of Pilate may have justice. While Pilate was the Roman governor in Christ period, he was destined to try Christ. In the Apostles' Creed, it was recorded "suffered under Pontius Pilate". Pilate became the synonym for wicked man. This trial of Pilate may be very suggestive to the modern cases; If Korea would become unification of North and South, and the act under the law before unification would be punished by the men who have power the unification nation, Pilate case may take place. It is also very suggestive to deal with the prisoner of conscience. Relativism is defined as "truth itself is relative to the standpoint of the judging subject". The aspect of the subjects supposed to determine what truth is for them may include historical, cultural, social, linguistic, or psychological background. Relativism is one attempt to take these contingencies into account in formulating the relationship between the believer and the truth believed. Relativism in legal philosophy is defined that all judgement about justice lies in the eye of the his opinion that all social state and value may be duly considered. Radbruch stood his opinion that the idea of the law has three kinds, 「Gerechtigkeit」, 「Zweckmäßigkeit」, 「Rechtssicherheit」, and each idea has equivalence. But after the world war Ⅱ, he admitted the existence of the 「Übergesetzliches Recht」. In his opinion, 「Übergesetzliches Recht」is the criterion that the positive law would be interpreted and legal character and legitimacy would be measured. Above mentioned, The act of Pilate is a only judicial murder in order to prevent the riot of the Judea.