서구 자유주의권리이론에 나타나는 '일 방향 권리-의/책무관계구조'의 오류비판

Abstract

This essay is to examine and redress the problems of one-way structure in right-duty(obligation) relations conceived erroneously in the Western liberal rights theories. This one-way structure, as it has so far done, comes to confront the equal rights principle which is the major premise of the rights-centric discourses, which, in turn, means no other than forfeiture of the moral basis of the latter. In redressing such problems, I not only employ Rainbolt's "duty rights" but also draw on J. Rawls' fairness account of obligation and take advantage of his conceptions of “fiduciary ties” and “operative words". After having been redressed, one-way structure is transformed itself into two-way structure. And this transformation necessitates some other changes such as that in the form of non-duty entailing rights, that in the right-duty/obligation relationship, and that in the relationship between the right-holder and the duty/ obligation-bearer. Such changes bring out the justice-related issues, for they cannot but cause the corresponding changes in the structure of distribution of freedom(benefits) from rights and restrictions(burdens) from duties(obligations) between the concerned parties.