현대인권론과 공리주의 -인권의 정당화

• Published in: Pŏpch'ŏrhak yŏn'gu Vol. 12; no. 1; pp. 443 - 474
• Main Author: 이동희(Dong Hee Lee)
• Format: Journal Article
• Language: Korean
• Published: 한국법철학회 01.05.2009
• Subjects: 법학; 밀; 공리주의; 게워스; R. Nozick; 드워킨; 벤담; Utilitarianism; Natural rights; 자연권; 헤어; A. Gewirth; J. Bentham; 인권; 현대인권론; J. Rawls; Human rights; J. S. Mill; 롤즈; R. M. Dworkin; Contemporary Theory of Human rights; R. M. Hare; 노직
• ISSN: 1226-8445; 2508-4372

One of the traditional debate on the objective existence of substantial justice and its possibility of knowledge is whether the criteria which apply to judge base of moral rights should be distributive and equalitarian one or aggregative and utilitarian one. The former stands on the utilitarianism which takes preference of community value, the latter lies at the root of comtemporary theory of human rights which emphasizes on indispensible individual human rights. Present-days theory of human rights has criticized utilitarian theory of human rights through cognizing human rights as a moral rights and developed new alternative theory which could take place of value relativism and utilitarinism which has prevailed throughout the field of ethics generation after generation. By challenging contemporary theory of human rights and utilitarianism, I will seek the methodology for ensuring objective justification of human rights and establish basis of human rights as a moral rights on the philosophy of law. KCI Citation Count: 7