Detailed Information

Cited 0 time in webofscience Cited 0 time in scopus
Metadata Downloads

법의 한계 영역으로서의 가정(家庭)The Family as a Boundary Area of the Law

Authors
오세혁
Issue Date
2013
Publisher
중앙대학교 법학연구원
Keywords
family; private sphere; limit; family law; philosophy of law; 가정․가족; 사적 영역; 한계; 가족법; 법철학
Citation
法學論文集, v.37, no.2, pp 5 - 30
Pages
26
Journal Title
法學論文集
Volume
37
Number
2
Start Page
5
End Page
30
URI
https://scholarworks.bwise.kr/cau/handle/2019.sw.cau/19671
DOI
10.22853/caujls.2013.37.2.5
ISSN
1225-5726
Abstract
The domain of human lives has been divided into the private sphere and the public sphere traditionally. It is an unwritten rule everywhere that the state should not interfere in the family as far as possible. The basic private sphere of human life consists of the personal privacy and the family. The family has been protected from the interference of the state as an autonomous domain institutionally. But there is a growing tendency for the state to interfere in the family in modern welfare state. Metaphorically speaking, the patriarchy has been changed from private one to public one. We should deliberate on whether the arbitrary interference of the state into the family is desirable. It is highly likely that the interference of the state into the family will intrude the privacy of the members of the family. Futhermore, the enlargement of the state power resulted from the expansion of its interference is likely to destroy the ideal equilibrium between state and individual. So, the family is doomed to remain as a boundary area of the law. The legal investigation into the basic problems of the family needs the philosophy of family law. The philosophy of family law is a branch of jurisprudence that investigates into the principles of family law and the method of applying it on the legal issues concerning family law. The study of the philosophy of family law is one of our most urgent task.
The domain of human lives has been divided into the private sphere and the public sphere traditionally. It is an unwritten rule everywhere that the state should not interfere in the family as far as possible. The basic private sphere of human life consists of the personal privacy and the family. The family has been protected from the interference of the state as an autonomous domain institutionally. But there is a growing tendency for the state to interfere in the family in modern welfare state. Metaphorically speaking, the patriarchy has been changed from private one to public one. We should deliberate on whether the arbitrary interference of the state into the family is desirable. It is highly likely that the interference of the state into the family will intrude the privacy of the members of the family. Futhermore, the enlargement of the state power resulted from the expansion of its interference is likely to destroy the ideal equilibrium between state and individual. So, the family is doomed to remain as a boundary area of the law. The legal investigation into the basic problems of the family needs the philosophy of family law. The philosophy of family law is a branch of jurisprudence that investigates into the principles of family law and the method of applying it on the legal issues concerning family law. The study of the philosophy of family law is one of our most urgent task.
Files in This Item
There are no files associated with this item.
Appears in
Collections
Law School > Law > 1. Journal Articles

qrcode

Items in ScholarWorks are protected by copyright, with all rights reserved, unless otherwise indicated.

Related Researcher

Researcher Oh, Se Hyuk photo

Oh, Se Hyuk
법학전문대학원 (법학과)
Read more

Altmetrics

Total Views & Downloads

BROWSE