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KMID : 1011120140080010001
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Bioethics Policy Studies
2014 Volume.8 No. 1 p.1 ~ p.22
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The Complementarity between Bioethics and Constitutional Law: Focusing on Beauchamp and Childress’s Wide Reflective Equilibrium and “Human Being” in Korean Constitutional Law
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Ryu Jae-Han
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Abstract
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The thesis amis to find the complementarity between bioethics and constitutional law. this thesis analyses the connection between reflective equilibrium and common morality as Tom L. Beauchamp and James F. Childress proposes. According to the analysis, this thesis interprets reflective equilibrium with intrinsic probability. This probability bears the limit that justifies immoral system. Also It is believable, in order to overcome the limit, Beauchamp and Childress introduces common morality with extrinsic authority. When making the analysis, the mutual relationship between bioethics and constitutional law should be understood. In order to understand that, it should be analysed in the premise that human being the self-autonomy that is raised in provision 10 of constitutional law. This analysis, without the introduction of extrinsic authority, through intrinsic augment manages to overcome the limit of moral inference of Beauchamp and Childress, also it will set the foundation of building the mutual relationship between bioethics and constitutional law.
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KEYWORD
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Wide Reflective Equilibrium, Common Morality, “Human Being” in Constitutional Law, Pluralistic Society
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