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Law and power in modern society

  • DONG-A LAW REVIEW
  • 2011, (52), pp.1-29
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

이종률 1

1동의대학교

Accredited

ABSTRACT

As a form of governing order with a medium of power, Law, a product of human spirit, carries out the function of maintaining social order. Furthermore, it can be understood as a means which prevents degenerating into barbarous and violent governing order. But it should not be overlooked that far from preventing degenerating, power could disguise violence with the medium of power in the human history. This is because such violence hidden behind law degenerates law into a maid of power or a tool representing profit for certain power subject. When with a premise of such a relation mechanism between law and power, one approaches near thoughts of ‘governing by law’ or ‘law-governed country’ which reside in nearly prevailing consciousness in modern society, it is thought with doubt on these thoughts that prevailing recognition about law in a society would be false consciousness. Of course, theoretically, today's human existence is all entitled to position of a master in law ideology or law form. But political, economic, and cultural power never allow such a position to majority of human beings in the form of legality. That is, absolute majority of human groups living in modern countries are certainly entitled to subjective position in the level of the positive law but nevertheless, it is thought that they are prisoners of false consciousness - they wrongly recognize the reality compared to life like a slave as human's real life as it was. We sought the cause from social distribution problem of power which can be the mother's womb forming and operating law.

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