Introduction
Human conscience is often spoken of as if it were a single, universal moral compass.
But in reality,
“conscience” emerges through different internal interactions
between the spiritual and physical dimensions of human nature.
Depending on what purpose or value it centers upon,
conscience can become divine, moral, organizational, or even criminal.
Because of this variability,
conscience cannot serve as a reliable legal standard.
Germany’s legal history demonstrates
why conscience must be excluded from legislation to prevent arbitrariness and judicial abuse.
Korea, too,
must now establish judicial justice on objective legal foundations,
not on distorted notions of loyalty or organizational interest.
1. A Creative-Principle Analysis of
How Conscience Is Generated
A. The Emergence of the Mind of Original Divine Nature
When the spiritual mind (from the spirit self) and the physical mind (from the physical body)
engage in a developmental give-and-take action
—centered on God’s purpose—
the resulting independent, newly generated entity is
the mind of Original Divine Internal Nature.
B. The Emergence of Moral Conscience (良心)
When the same spiritual and physical minds interact
—centered on the values of Truth, Beauty, and Goodness—
the resulting new entity is moral conscience.
C. The Emergence of Organizational Conscience
When the interaction is centered not on universal values but on
organizational power, privilege, and interests,
the resulting entity becomes organizational conscience.
This conscience:
• protects organizational benefits
• justifies secrecy
• rationalizes wrongdoing for the sake of the group
• appears in political parties, corrupt institutions, gangs, and power networks.
D. The Emergence of Back-Alley Gangster Conscience
When the interaction is centered on
extortion, intimidation, and exploiting the weak,
the resulting entity becomes a gangster-style conscience,
one that emphasizes distorted “loyalty” and justifies predatory behavior.
2. Why ‘Conscience’ Must Be Excluded from
Legislation and Judicial Standards
Germany provides a clear historical example of
why conscience cannot be used as a legal criterion.
• Risk of Arbitrary Interpretation
Conscience differs from person to person.
Judges may reach inconsistent rulings on the same case, undermining legal predictability.
• History of Judicial Abuse
During the Nazi era, “conscience” was invoked to justify ideological rulings,
leading to the instrumentalization of law and severe human rights violations.
• Legal Stability and Procedural Justice
Germany strengthened positive law to ensure clarity and accountability.
By excluding metaphysical standards like conscience,
they clarified the responsibility of legislators
and ensured that judges interpret and apply the law with precision.
• Hegel’s Distinction
Hegel distinguished between formal conscience and true conscience.
He argued that law must rest not on private conviction
but on the public ethical order of society.
Implication for Korea
Korean judicial practice must not rely on subjective or distorted notions of “loyalty,”
“organizational conscience,” or factional interest.
Law must operate on public justice and procedural legitimacy.
3. Establishing the Foundation for Judicial Justice in Korea
To uproot the distortions, abuses, and political manipulation of law in Korea,
we must remove from the courtroom any form of conscience
that protects organizational interests or political factions.
Recent political events have revealed how deeply such distorted consciences operate.
Korean citizens now clearly recognize the need to rebuild judicial authority
on objective legal principles, not on back-alley codes of honor
or the “loyalty” of political gangs.
4. Conclusion
Conscience is not a single moral entity.
It can be divine, moral, organizational, or criminal—
depending on the purpose that shapes it.
Because of this variability,
conscience cannot serve as a legal standard.
Germany’s historical experience shows the necessity of excluding conscience from legislation.
Korea must now establish a judicial system grounded in objective justice,
free from the influence of organizational or gangster-style conscience.
Only then can true legal integrity and national justice be secured.
댓글 없음:
댓글 쓰기
참고: 블로그의 회원만 댓글을 작성할 수 있습니다.