라이프니츠(GottfriedWilhelmLeibniz)의 법사상

Abstract

Leibniz was the last all-round man of the 17th century who made great achievements in various fields, including philosophy, mathematics, and logic. Just as Monadology argued that everything in the world was planned in harmony, it is relatively less known that he was a jurist who pursued universal law by organizing the most basic concepts of law, from ancient Roman law to the then-commonly used Empire's Landrecht. However, he pursued practical law that could integrate the real world, not just as a intellectual discipline, and this interest is well incorporated into his theory of justice and natural law.
 For Leibniz, justice is the benevolence of the sage. In other words, justice is based on mutual goodwill that allows all humans to do good to each other. In other words, justice is the prudentia of whether to help or harm others. For Leibniz, mutual love between humans is the best law at the same time. This is a completely different approach from Hobbes. For Leibniz, the purpose of natural law is to maintain and promote a 'natural society'. In other words, natural law is for the good of those who comply with it. The content of natural law is not just for oneself, but for the good of others.
 The three stages of natural law he classified are, first, a strict law based on the principle of law called 'nemene laedere', second, 'subject cuique tribuere' is an equity law based on the principle of law, and third, 'honeste viere' is a pietas that aims for the principle of law.
 The view of justice and the theory of natural law presented by him can be evaluated as having the possibility of a variety of ideas that are newly illuminated and reinterpreted in modern times.