유기사관과 풍토적 자연법론 -자연법의 역사성과 구체성-

Abstract

The main issue which has been presented in the field of modern natural law is historicity and concreteness of laws. For this subject matter, Prof. Lee, Hang-Nyeong has developed a climatological natural law built on a spiritualistic view of history based on Korean religious tradition as a culture theory which is different from western religion. Then he also gave concrete form, that is to say, assigned duty for justice of social law. Law is one of a social phenomenon constrained by time and space. And a social phenomenon or a cultural phenomenon limited by time and space is climate. Therefore it is concluded that a law is climatological one. Human and Nature or Ethnic group and environment combined to form climate. The climate can be categorized by three types, the East, the Middle and the West according to shape of the combination. The spirit is a mental and a material existence. In other words, the spirit is not a mental and not a material one also. A material phenomenon and mental phenomenon are moving alternatively in the form of wave. The world history has developed to ancient, medieval, modern and contemporary history by activity between yin and yang. Prof. Yi, Hang-Nyeong presented twelve types of laws in the world, so called ‘climatological natural law’ according to combination of climate and time. There are justice as natural law and justice as postive law in concept of justice. The justice as natural law consists of freedom as a individual justice,equality as a collective justice and peace as a cooperative. And the justice as positive law is composed rights as a civil law, duty as a public law and assigned duty as a social law. The assigned duty is a legal concept harmonized, not conflicted, with rights and duty in nature. The theory of natrual law developed by justice of duty is materialized based on the spiritual view of history and attempted to overcome the gap between law and reality.