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A Study on the Method of Modern Redistribution based upon Constitutional basic rights: focusing on the equality of opportunity

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2018, 6(4), pp.151-183
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Hwang Jung Hoon 1

1신한대학교

Candidate

ABSTRACT

In order to build a desirable redistribution system through ‘equality of opportunity’ to resolve the fixedization of the gap between the rich and the poor with limited goods, it must be derived from the coordination and potential of common good based on freedom and individual differences. So as to find ways to realize this, we will first review the history of redistribution for the realization of social justice in a vertical manner in chronological order. Look at the limits of justice on the basis of utilitarianism, freedom in which people advocate market economy based on ‘fair’ and ‘equality’ approaches to ‘fair’ and ‘self-ownership,’ which differ from the limits of justice. Following a vertical review, we will examine modern redistribution systems in the U.S., Canada, and Sweden horizontally. Let’s take a closer look at the social situation, including the tax policies of the United States and Canada and the educational policies of Sweden that have begun to take a new path to social democracy. Modern reallocation is not a direct way of transferring income, but rather through enhancing accessibility through health care, education and other public services. Of course, direct cash payments, such as basic income schemes, are often made, but the form of use through the provision of public services is more common. This appears in reality as a form of using the services provided, but can be understood as a modern redistribution based on the fundamental rights. What sets the new redistribution system apart from the ‘third road’ taken by the European social democratic regime, represented by Britain and Sweden, is that it clearly values the good of the community and the difference between individuals. “The Third Way” is not to give away equality to quantitative measures of income disparity, but to only include equality and to eliminate inequality. The idea has something in common in that the distributed party must be able to understand the ‘reinvestment’ and that it will focus on fostering economic resources. As all mentioned, the current difficult financial situation is not easy to rebuild any income redistribution system. What are the essential factors to reconcile equality and economic growth, and how they can be implemented, should be discussed in greater depth.

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