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자료유형
학술저널
저자정보
저널정보
한국기독교학회 한국기독교신학논총 한국기독교신학논총 제85집
발행연도
2013.1
수록면
143 - 163 (21page)

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초록· 키워드

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The human rights is not a immanent disposition which belongs to his nature, but God`s rights upon him. It`s theological background is to be found through the idea of ``Imago Dei``. ``Imago Dei`` has good reason to insist that everyone is equal and August in front of God. It is relational a personality rather than a inherent character. Man as ``Imago Dei`` is responsible for his fellows, for the future generations and for whole creature as well as for God. This responsibility guarantees and restraints the human rights. To respect another`s rights signifies that we are to acknowledge God`s rights to ourselves and to respond to it. Our rights cannot be realized until we protects and recovers our neighbor`s rights. Human rights is divided into the legal rights and the moral one. The moral rights presupposes his dignity which is derived from the tradition of natural law, while the legal rights is based on the social law. Human rights becomes as it were the fundamental rights, when it is prescribed as legal rights. The human rights becomes the legal rights and the moral rights alike, if it is affirmed by the positive law. A debate on the legal rights, which exceeds the fundamental rights, has good reason to belongs the moral rights. The rights to reside belongs to the moral rights which is far beyond the legal rights. It is the superordinate concept of the legal rights, just as the moral law is the superordinate concept of the positive law. The moral law excels always the positive law. Regarding that the idea of covenant stands in the center of israelite history, the idea of land is representative symbol of this covenant. God`s covenant to his people is embodied in the law. The law of ``Year of Jubilee`` specifies first of all the right to reside. It is not only the cultic law which controls monotheistic community, but also the social regulation which seeks after the recovery of human rights in the every single area of life. God`s sovereignty to the land presupposes the violation of rights to reside which is caused by the inequality in the rights of ownership and property rights. The law of ``Year of Jubilee`` emphasizes that a real rights cannot exceed the human rights, assuring the rights of those with better economical conditions and the rights of those in need. The economical order does not make up the external structure which is opposed to the existence of man, but it is his own nature. It is interdependent with the other orders and solidary to human life. Therefor the economical problem suggests the problem of the social structure in general. It is necessary before anything else to analyze the crisis of ``homo economicus`` in order to diagnose the economical crisis. In this regards the rights to reside is to be handled as a structural problem of society. The infringement of the rights to reside is the crisis of ``homo economicus``, and in this sense the crisis of economical order in general.

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