다형적 페르소나로서 법 - 낙태의 자유와 잊혀질 권리를 예로 하여 -
Law as Polymorphous Personas - Focusing on the freedom of abortion and the right to be forgotten
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This article introduces Jung’s analytic psychology as a new referential point for analyzing legal issues. Among Jung’s analytic psychology, this article focuses especially on his theory concerning the relationship between Persona, which is the outer personality presented to others socially by an individual, and inner personality. This theory is expected to be relevant when applied to jurisprudence, as the law of 'person's can be understood as the law of 'persona's. This article is based on the understanding that human life is created through the performance of diverse personas. Therefore, it claims that as a human right, plural and even mutually contradicting personas should be recognized by law. As persona, which originally means the mask worn by Greek actors, has an intrinsic power to induce narrative and storytelling, permitting diverse personas should be recognized as a condition for guaranteeing human rights. Furthermore, this article insists that guaranteeing diverse and contradictory, yet balancing personas will form a basis from which new justice, which restores the primordial Archetypus of human kind, will be produced, different from the existing justice which is achieved through unified and coherent legal order. From these theoretical points of view, the need to recognize the persona of prostitution and that of abortion is claimed. However, it is not without limit to recognize diverse personas. The work of guaranteeing personas should be performed in harmony with existing legal principles. Lastly, bearing in mind Jung’s warning that identifying with one’s persona is symbolically the same as death, this article suggests an analysis that law functions as pharmakon in regards to the identification with persona. Law has an essential attribute of causing the individual to identify with his persona, while it also works to prevent identification with one's past personas. This preventive aspect of law is discussed more with the right to be forgotten as an example which is appearing as an important right in this digitalized era.
Abstract
This article introduces Jung’s analytic psychology as a new referential point for analyzing legal issues. Among Jung’s analytic psychology, this article focuses especially on his theory concerning the relationship between Persona, which is the outer personality presented to others socially by an individual, and inner personality. This theory is expected to be relevant when applied to jurisprudence, as the law of 'person's can be understood as the law of 'persona's. This article is based on the understanding that human life is created through the performance of diverse personas. Therefore, it claims that as a human right, plural and even mutually contradicting personas should be recognized by law. As persona, which originally means the mask worn by Greek actors, has an intrinsic power to induce narrative and storytelling, permitting diverse personas should be recognized as a condition for guaranteeing human rights. Furthermore, this article insists that guaranteeing diverse and contradictory, yet balancing personas will form a basis from which new justice, which restores the primordial Archetypus of human kind, will be produced, different from the existing justice which is achieved through unified and coherent legal order. From these theoretical points of view, the need to recognize the persona of prostitution and that of abortion is claimed. However, it is not without limit to recognize diverse personas. The work of guaranteeing personas should be performed in harmony with existing legal principles. Lastly, bearing in mind Jung’s warning that identifying with one’s persona is symbolically the same as death, this article suggests an analysis that law functions as pharmakon in regards to the identification with persona. Law has an essential attribute of causing the individual to identify with his persona, while it also works to prevent identification with one's past personas. This preventive aspect of law is discussed more with the right to be forgotten as an example which is appearing as an important right in this digitalized era.
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