노예제 폐지과정에서 나타난 주권적 인간

Abstract

The purpose of this essay is to reveal the life pattern of the Constitutional Law by delving into the slave systems which had survived for long in England and America. They are champion states of both western democracy and economy. England above all established the modern Constitution with principles such as the rule of law and parliamentary system. This glory was mainly due to the successful mercantilism. The major source of national wealth at the time was slavery. Slave system might be inevitable for economic reasons, but it could not escape from being unlawful. It was destined to be abolished according as liberalism and capitalism advanced. England set an example to abolish the slave trade and slave system for the first time in Europe. USA, as it inherited the slavery during the British colonial period, was faced with the task to end the diehard unlawful practice. However, slave system which survived in the South until the Independence and the framing of the Constitution incurred constitutional cracks and instability. Abolition of slavery, that was to say the normalization of the constitution, came through the tragic Civil War. After the abolition, racial discrimination, a rather radical issue, was brought to the surface. Originating from deep-rooted emotion or sense of identity, racial discrimination can only be eliminated very slowly and with uncertainty. Unconstitutional institution as well as unjust and wrong culture can be done away with by concerted efforts of the community. Those efforts equal the founding of a sovereign person, that is the very type of citizen the democratic and republic Constitutional Law requires. The sovereign person is a person of both strong will to the Constitution and capability. To be a sovereign person is essential to realize the universal principles of the Constitution. Sovereign person can be an ideal type of the democratic republic citizen. Republic citizen is living assiduously in his job and pursuing his happiness at home and abroad but his public spirit is always awake. Accordingly he is a person who is well prepared to respond to some public service if necessary. However, the concept of sovereign person, who is a driving force for constitutional evolution, is still tentatively used in this paper.