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A Study on Diversity and Legal System

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2017, 5(1), pp.237-260
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

PARK HYUN JOON 1

1중원대학교

Candidate

ABSTRACT

The concept of diversity is understood as multiple ways depending on a given fact or a situation and it usually adopts in the fields of politics, economics, social and cultural studies. Especially in the field of political and legal studies the concept of diversity denotes clear difference which could be identified from the background or lifestyle of their social members. Therefore it usually considered as the most positive and comprehensive principle including not only the public side but also the private side because the value of diversity can be realized when the identified variables were accepted comprehensively. This study examined the concept of diversity based on ideology and the results show that within the liberalism, in which the personal freedom, guarantee of right and self realization are securing, the value of the diversity is working in the highest level in social, economic and legal fields. Within the legal system the value of the diversity is directing normative eclecticism. The main idea of the normative eclecticism is adopting various variables in equally respect and comprehensively receptive in the process of legislative policy-making. Thus the concept of diversity functions to encourage formulating good legal system, to protect prejudiced legal conditions, and to promote universal validity of legal system. In sum, the value of diversity in modern society.

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