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특집 - 사회정의와 공동선

존 로크의 재산권 이론 : 단서 조항과 정의론에 대한 재해석

원문정보

Lockian Theory of Property An Interpretation on Lockian Proviso and Justice

김용환

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The purpose of this thesis is to study Lockian theory of property based on his Two Treatises of Government, book II. chapter 5. In this thesis, section two and three includes an analysis of four concepts; freedom, consent, agent of power and possessive individualism, all four of which are the key factors in understanding Lockian theory of property. Freedom and consent, among these, are the main concepts that runs through Lockian theory of epistemology, political philosophy and his philosophy of religion. An Essay concerning Human Understanding premises the mental freedom of a human being, and Two Treatises of Government and A letter on Toleration stress political freedom and religious freedom respectively. Locke views a human being as a performer of power and a possessive individual, and thereby Locke approves the individual property rights. Human beings, as in the case of all other creatures, prioritize self-preservation in the ultimate sense and in this regards, power is a necessary mean, which can be acquired by possessing property. Human beings also strive to satisfy their desire and as Macpherson puts it, T. Hobbes and J.Locke describe a human being as a possessive individual. In section four, Lockian Proviso and his concept of labour are analysed. The well-known Proviso is stated as follows. “Man can have a right to what that is once joined to, at least where there is enough, and as good left in common for others” “as much as any one can make use of to any advantage of life before it spoils.” In this thesis, this Proviso is named ‘nominal Proviso.’ There are two other clauses, named ‘moral Proviso’, and they are stated as follows. “God gave it to the use of the Industrious and Rational(man)” “Charity gives every Man a Title to so much out of another’s Plenty, as will keep him from extreme want, where he has no means to subsist otherwise.” In my respect, these moral Proviso are the essential elements to comprehend Lockian theory of property fully. Lockian concept of labour is centered on the theory of labour value. This thesis interprets his concept of labour in a relational aspect, since Locke intended to emphasize interdependence in labour. Section five focuses on the relation between justice and charity. In Charles Monson’s words, Locke tried to explain that justice and charity, desert and need are not in dilemma. Rather, they are co-related and are merely different in the way of distribution. When distributing social property according to one’s desert, the possession of the outcome of one’s labour is approved, while distributing according to one’s need, the right to life is relatively well protected. Therefore, these two elements, desert and need, are the concrete methods to accomplish justice. In addition, this thesis sees that Locke intended to tell in his theory that charity is beyond individual morality and is public obligation to protect the poor’s right to live. In other words, individual property rights can be morally justified only when justice and charity are interdependent.

목차

1. 서 론
2. 로크 철학의 일이관지(一以貫之): 자유와 동의
3. 인간에 대한 이해
4. 로크 재산권 이론의 구조 분석
5. 정의와 자선
6. 결 론

저자정보

  • 김용환 Kim, Young-Hwan

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