헤겔, 국가, 공동선

Abstract

G.W.F. Hegel stands as a pivotal figure in the systematic development of modern state theory following the emergence of the modern nation-state. Although Hegel’s political philosophy was long overshadowed by a predominantly negative reception, recent scholarship—particularly in the Anglophone world—has revisited his ideas with renewed rigor, aided by the removal of interpretive barriers that previously hindered a nuanced understanding of his work. Despite this global resurgence of interest, Hegel’s contributions remain relatively under-explored within Korean legal scholarship, especially in the field of constitutional theory. This article aims to examine the foundational elements and core concepts of Hegel’s theory of the state, as articulated in his Philosophy of Right, and to assess their relevance for interpreting the constitutional framework of the Republic of Korea. Hegel conceptualized the state as the culmination of Sittlichkeit—ethical life—within his dialectical system. He regarded the essence of humanity as grounded in the principle of the common good, and his theory of the state integrates the classical discourse of the body politic in Western political thought. Moreover, Hegel’s vision of the state as a political organism reflects the socio-historical conditions of early 19th-century Prussian society. Importantly, Hegel’s theory offers valuable insights into the constitutional notion of the state. While certain constitutional provisions distinguish the state from the people or civil society, others invoke the state as a normative concept encompassing the principles of political community and societal order. Thus, the state may be understood not merely as an institutional apparatus but as a comprehensive entity that includes the citizenry, civil society, and administrative structures.