복지국가 원리의 이념적 기초에 대한 고찰

초록

The principle of the Welfare State/Social State has been a historical correction to the formal rule of law and a constitutional response to the social problems after the Industrial Revolution. The welfare state in the 20th century, maintained by the political-economic liberalism and the subsidiary social welfare system, has rapidly broken down due to the social and economic globalization. The existing welfare system is confronted with a double crisis: a fiscal crisis and a legitimacy crisis. Criticizing both Keynesian economic-welfare policies and the neoliberal policies, some scholars recently argue for reconstructing the alternative forms of social labor and social security system, which can be supported by the conception of basic income and the idea of solidarity. The conception of basic income is related to the idea of enabling every citizen to s u rvive and act socially, regardless of the actual willingness or ability to labor. The idea of solidarity as the normative basis of the alternative system can be meaningfully justified and institutionalized by Rawls’ theory of justice and Communitarianism. In addition, the rule of law is essential for the political setting of economic liberalism as the undeniable foundation of contemporary welfare state system. Socioculturally it can be helpful to regard the law not only as a pragmatic tool of welfare state practice but as a ‘cultural self-concept’.

키워드