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자료유형
학술저널
저자정보
저널정보
한국법철학회 법철학연구 법철학연구 제12권 제1호
발행연도
2009.5
수록면
353 - 376 (24page)

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This paper analyzes a normative concept on the basis of the philosophical discussion about a concept formation and the performative speech act theory of J. L. Austin. In this work we can construct five standards to form a normative concept. The first, the normative concept formation starts from the overriding normative discourse. I`ll call it the Overriding Discourse Thesis. The second, the utility of a normative concept shall be considered. I`ll call it the Utility Thesis. The third, the concept needs to satisfy the five felicity conditions of the performative speech action proposed by J. L. Austin, ① an accepted conventional procedure to the utterance, ② the appreciation of the person and circumstances for the conventional procedure, ③ the corrective and completive execution of the procedure, ④ the participant`s truth, ⑤ the participant`s consistency of speech and action. I`ll call it the Performance Thesis. The fourth, the contents of a normative concept shall be proper. The judgement whether the contents are proper or not can be divided two, a coincidence judgement with the purpose as the belief and a truth or false judgement about the phenomenon description. I`ll call it the Fit Thesis. But we can not form a normative concept with only these conditions. Specially the second condition, the Utility Thesis and the third, the Fit Thesis have many problems. The second condition, the Utility Thesis has so task for the utility judgement of a normative concept as what are the standards of a utility judgement. This work connects with our beliefs. The fourth condition, the Fit Thesis, connects with them also as the Utility Thesis. Because we should estimate the belief to judge if the contents of a normative concept are proper. The only its difference from the Utility Thesis is that it concludes the judgement not only about the belief but also about the truth or false of the phenomenon description. But the truth or false judgement of a descriptive sentence, as J. L. Austin says, is not apart from the human belief system. This study shows that a normative concept cannot be formed apart from the belief system. Therefore for forming a normative concept we need to review how the belief system is confirmed. However the belief is the confidence for realizing our desires and another name of our desires. The desires are the power of human life. These cannot be judged by good or evil and are a life`s will that includes death. These desires change and are arranged with belief. And then on the basis of the belief system a normative concept is formed. A normative concept connects closely with our desires. Our desires to realize something are the motive power to form a normative concept. So this will confirms the belief system or the judgement standard to judge if the concept is proper. But our desires lose the subjecthood and trap us. Therefore we need to reflect on our desires. So in addition to the four standards in order to form a normative concept, we need to consider and discuss what we desire by the concept. I`ll call it the Desire Thesis. In conclusion for forming a normative concept we need to consider five theses, the Overriding Discourse Thesis, the Utility Thesis, the Performance Thesis, the Fit Thesis, and the Desire Thesis.

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