본문 바로가기
  • Home

Care as a Constitutional Value

  • Korea Social Policy Review
  • Abbr : KSPR
  • 2018, 25(2), pp.3-29
  • DOI : 10.17000/kspr.25.2.201806.3
  • Publisher : Korean Association of Social Policy
  • Research Area : Social Science > Sociology > Medical / Welfare / Social policy
  • Published : June 30, 2018

Kim, Hee-Kang 1

1고려대학교

Accredited

ABSTRACT

By examining care from a normative perspective projected in the Constitution of South Korea, this paper attempts to assess care from the standpoint of justice and establish the status of care as a concrete political value. The point that this paper focuses on in the Constitution is about the “human worth and dignity” and “right to pursue happiness” clauses of the Article 10 at the beginning of Chapter II which defines the rights and duties of citizens. The clauses of “human worth and dignity” and the “right to pursue happiness” are generally interpreted as the highest values of the constitutional order. While exploring the human dignity and the pursuit of happiness clauses in light of care, this paper intends to address the value of care as human dignity, which is the highest ideology and constitutional principle of the Constitution and, at the same time, the limitation of explaining the freedom to care with a liberal concept of freedom implied in the pursuit of happiness. Ultimately, this paper argues for the justification of putting ‘care’ in the Constitution. In the end, this paper aims to emphasize the significance of care as a guiding principle for the maintenance of our lives and society, a primary principle of social regulation and public governance, and a direction for a just state which can identify and rectify care injustices.

Citation status

* References for papers published after 2022 are currently being built.

This paper was written with support from the National Research Foundation of Korea.