법실증주의와 자연법을 통해 바라본 군인의 책임
Soldier’s Responsibility Through the Legal Positivism and Natural Law
0
조회
0
다운로드
1
인용
0
참고문헌
키워드
초록
The purpose of this thesis is to investigate the soldier's responsibility by legal positivism and natural law. It is certain that the responsibility is most important values in the military. This is not a simple matter to be applied, because a state of soldier is unique position that is required a military discipline which are the most important values in the military. at the same time, moral values should be required. Thus, each soldier has not only the duty to follow military law but also the duty to act properly as a moral agent. This is, all soldier has both the responsibility of law and moral. However, the responsibility of law and moral do not always coincide. In some cases, there is a legitimate but immoral. In this cases that is a hard to determine the responsibility. To solve this problem, we should verify whether soldier's responsibility is valid even a legal positivism. For this, I shall criticize the legal positivism and reveals the limits of legal judgment. And then, I shall argue the justification of moral judgement by natural law. If we complete the task successfully, will be able to identify what a true concept of responsibility.
Abstract
The purpose of this thesis is to investigate the soldier's responsibility by legal positivism and natural law. It is certain that the responsibility is most important values in the military. This is not a simple matter to be applied, because a state of soldier is unique position that is required a military discipline which are the most important values in the military. at the same time, moral values should be required. Thus, each soldier has not only the duty to follow military law but also the duty to act properly as a moral agent. This is, all soldier has both the responsibility of law and moral. However, the responsibility of law and moral do not always coincide. In some cases, there is a legitimate but immoral. In this cases that is a hard to determine the responsibility. To solve this problem, we should verify whether soldier's responsibility is valid even a legal positivism. For this, I shall criticize the legal positivism and reveals the limits of legal judgment. And then, I shall argue the justification of moral judgement by natural law. If we complete the task successfully, will be able to identify what a true concept of responsibility.
참고문헌 (22)
- "군인복무규율", ~
- "국군병영생활규정", ~
- 강정인, "소크라테스, 악법도 법인가?" (1994), 문학과 지성사
- 게오르크 빌헬름 프리드리히 헤겔, "법철학 강요" (2008), 지만지
- 구스타프 라드부르흐, "법철학" (2011), 삼영사
- 국방부, "전쟁법 해설서" (2010), 국군인쇄창
- 마이클 왈쩌, "정당한 전쟁 부당한 전쟁" (2006), 연경문화사
- 박은정, "자연법의 문제들" (2007), 세창출판사
- 서울대학교 교육연구소, "교육학용어사전" (2011), 하우동설
- 김영환, "법철학" (2007), 나남출판사
- 아리스토텔레스, "니코마코스 윤리학" (2008)
- 임마뉴엘 칸트, "실천이성비판, In 도덕 형이상학정초" (2007), 위너초이스
- 존 롤즈, "정의론" (2003), 이학사
- 제임스 레이첼스, "도덕철학의 기초" (2007), 나눔의 집
- 카코 다야치, "전쟁범죄와 법" (2006), 연경문화사
- 폴 테일러, "윤리학의 기본원리" (1985), 서광사
- 플라톤, "에우티프론: 소크라테스의 변론: 크리톤: 파이돈" (2003), 서광사
- 한스 켈젠, "켈젠법이론선집" (1990), 법문사
- German War Trials, "Judgment in Case of Lieutenants Dithmar and Boldt", The American Journal of International Law, 16(4) (1922)
- Hartle, Anthony E., "Moral Issues in Military Decision Making" (1989), University Press of Kansas
- Kirchmann, J. H., "Die Wertlosigkeit der Jurisprudenz als Wissenschaft, Ausgabe H. Klenner", ~ (1990)
- Waldron, Jeremy, "“What is Natural Law Like?”, Reason, Morality, and Law: The Philosophy of John Finnis" (2013), Oxford University Press