「新しい市民社会」の法哲学を求めて : 共和主義的法理論,再帰的政治理論からcompassionとしての自然法論へ

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From the 1990s the "New Civic Society" which is diffent from the market society becomes the focus of public attention. The "New Civic Society" is composed of various associations and communities including NPO, NGO, volunteer groups, ecology movements, etc. The reason why many people pay attention to the "New Civic Society" is their expectations for it to open not only a new development in politics but also a public space for human flourishing. Then what role does law play in this "New Civic Society" movement? "Republicanism" insists that law makes possible and activates communications in the New Civic Society. Therefore law is the basis for politics and human flourishing in the new era. Criticizing republicanism thoroughly, Emilios A. Christodoulidis insists that law pauperises politics and excludes many human (anguished) voices. Instead of law, he proposes "Reflexive Politics" which activates politics and human activities. His theory is based on "contingency" and "self-reference" so as to "remain free to contest." I think Christodoulidis' criticism of republicanism is to the point, but reflexive politics does not bring about open public sphere, non-exclusive human relationships. This is because the theory presupposes "passion"-based human relationships. I will propose politics (or love) as "corn-passion" instead of politics (or love) as "passion." I think "compassion"-based human relationships will certainly open the possibility to "remain free to contest." A theory based on "compassion" would restore the world of ethics, and it would try not to exclude law and politics from the world of ethics, but to locate them in the world of ethics. We can name it "Natural Law Theory as Compassion." This theory is worth studying as a philosophy of law for the "New Civic Society."
2002-12-10

「新しい市民社会」の法哲学を求めて : 共和主義的法理論,再帰的政治理論からcompassionとしての自然法論へ

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