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Law and history of infectious diseases

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2020, 8(4), pp.29-50
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : November 10, 2020
  • Accepted : November 25, 2020
  • Published : November 30, 2020

Joung Soon Hyoung 1

1광주여자대학교

Candidate

ABSTRACT

Infection is passing on to other people. There is no problem of infection where other people are not present. So, the more people you have, the more likely you are to get an infection. Therefore, the issue of infection has been discussed in places where the circulation of people called cities is intense and concentrated. The main topic was an attempt to discuss historically how these viewpoints were mixed and created in Paris from the end of the 17th century to the end of the 19th century and how it was legally spoken. What we’ve seen so far is the history of behavior in which the infection problem in cities has been captivated by people. These are marginalization, isolation, and hygiene. It is a history that has been gradually added to avoiding death and promoting life. It is a history that is added to the marginalization and isolation of the human body by managing the space of the city and acting on its conditions. It was a history that gradually changed what works on the body to what works on the population or society, and turned into a viewpoint of protecting and promoting the health of society. From the point of view of illness, illness that was personal is gradually changed to that of society. From that point of view, the relationship between the individual and society is reversed. Each individual should have an obligation to hygiene to prevent society from getting sick. It is a Rousseau world, but the social contract is not voluntary. Solidarityism was the establishment of the hygiene law as an obligatory relationship to the society that belonged to from birth. The position of social solidarity, according to the bourgeois, lies in the middle of the opposing theories of economic laissez-faire and collectivism. The role played in the meantime is not to exclude freedom, but to develop it effectively and respect it in its true sense. Therefore, the notion of solidarity is close to charity or philanthropy and influences the notion of justice, equality, and property in the relationship between morality and rights. “Human living in society, amongst one another, has each other's obligations. That duty is broader and more complex than a position that calls human beings independent and isolated, and is limited to its scope.” The rule of equity necessary for social peace is to promote the constant exchange of assistance, whether voluntary or forced, and that assistance is a social duty. Each has a social debt to everyone. Its obligations or liabilities are based on the principle of justice.

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