2014년 11월 29일 토요일

[발췌 10장: Hayek's Road to Serfdom] Why the Worst Get on Top


자료: [구글도서] his Collected Works, vol.2 (Univ. of Chicago Press 2009) ; [구글도서] Routledge(1944 [2001]) ;Some HTML (& its contents) ; Some PDF ; ... 차례/독서노트 ;

※ This is a reading note with excerpts taken and some personal annotations or remarks added, in trying to partially read the above text. So visit the links above or elsewhere to see the original work.

* * *
※ 발췌 (excerpts):
Chapter 10
Why the Worst Get on Top

Power tends to corrupt, and absolute power corrupts absolutely.
─Lord Acton. [n.1]

We must now examine a belief from which many who regard the advent of totalitarianism as inevitable derive consolation and which seriously weakens the resistance of many others who would oppose it with all their might if they fully apprehend its nature. It is the belief that the most repellent features of the totalitarian regimes are due to the historical accident that they were established by groups of blackguards and thugs. Surely, it is argued, if in Germany the creation of a totalitarian regime brought the Streichers and Killingers, the Leys and Heines, the Himmlers and Heydrichs to power, this may prove the viciousness of the German character but not that the rise of such people is the necessary consequence of a totalitarian system. [n.2] Why should it not be possible that the same sort of system, if it be necessary to achieve important ends, be run by decent people for the good of the community as a whole?

We must not deceive ourselves into believing that all good people must be democrats or will necessarily wish to have a share in the government. Many, no doubt, would rather entrust it to somebody whom they think more competent. Although this might be unwise, there is nothing bad or dishonorable in approving a dictatorship of the good. Totalitarianism, we can already hear it argued, is a powerful system alike for good and evil, and the purpose for which it will be used depends entirely on the dictators. And those who think that it is not the system which we need fear, but the danger that it might be run by bad men, might even be tempted to forestall this danger by seeing that it is established in time by good men.

( ... ... )

[발췌: Hayek's Constitution of Liberty] Why I Am Not a Conservative

출처: F. A. Hayek, The Constitution of Liberty: The Definitive Edition (University of Chicago Press, 2011)
자료: 구글도서


※ 발췌(excerpts):

Postscript: Why I Am Not a Conservative


1. (p. 519-1) ... 

(p. 519-2) ...

(p. 520-1) ...

2. (p. 520-2) ...

(p. 521-1) ... 

(p. 521-2) ... 

3. (p. 521-3) ... 

(p. 522-1) ... 

(p. 522-2) ... 

(p. 523-1) Let me return, however, to the main point, which is the characteristic complacency of the conservative toward the action of established authority and his prime concern that this authority be not weakened rather than that its power be kept within bounds. This is difficult to reconcile with the preservation of liberty. In general, it can probably be said that the conservative does not object to coercion or arbitrary power so long as it is used for what he regards as the right purposes. He believes that if government is in the hands of decent men, it ought not to be too much restricted by rigid rules. Since he is essentially opportunist and lacks principles, his main hope must be that the wise and the good will rule─not merely by example, as we all mush wish, but by authority given to them and enforced by them. [n.7] Like the socialist, he is less concerned with the problem of how the powers of government should be limited than with that of who wields them; and, like socialist, he regards himself as entitled to force the value he holds on other people.

(p. 523-2) When I say that the conservative lacks principles, I do not mean to suggest that he lacks moral conviction. The typical conservative is indeed usually a ... ...

[발췌] 형사소송법 제195·196조 및 제196조 3항 관련 2013년 대통령령

자료 1: 국가법령정보센터, 형사소송법
자료 2: 국가법령정보센터, 검사의 사법경찰관리에 대한 수사지휘 및 사법경찰관리의 수사준칙에 관한 규정


이하 발췌 메모:

* * *

1. 「형사소송법」 中,

   제195조(검사의 수사):
  • 검사는 범죄의 혐의 있다고 사료하는 때에는 범인, 범죄사실과 증거를 수사하여야 한다.
   제196조(사법경찰관리):
  • ① 수사관, 경무관, 총경, 경정, 경감, 경위는 사법경찰관으로서 모든 수사에 관하여 검사의 지휘를 받는다.
  • ② 사법경찰관은 범죄의 혐의가 있다고 인식하는 때에는 범인, 범죄사실과 증거에 관하여 수사를 개시·진행하여야 한다.
  • ③ 사법경찰관리는 검사의 지휘가 있는 때에는 이에 따라야 한다. 검사의 지휘에 관한 구체적 사항은 대통령령으로 정한다.
  • ④ 사법경찰관은 범죄를 수사한 때에는 관계 서류와 증거물을 지체 없이 검사에게 송부하여야 한다.
  • ⑤ 경사, 경장, 순경은 사법경찰리로서 수사의 보조를 하여야 한다.
  • ⑥ 제1항 또는 제5항에 규정한 자 이외에 법률로써 사법경찰관리를 정할 수 있다.  [전문개정 2011.7.18]

2. 「검사의 사법경찰관리에 대한 수사지휘 및 사법경찰관리의 수사준칙에 관한 규정」 中
     [시행 2013.6.19.] [대통령령 제24550호, 2013.5.31., 타법개정]

   제4조(수사지휘 건의)
  • 사법경찰관은 사건을 수사할 때 검사의 지휘가 필요하면 검사에게 건의하여 구체적 지휘를 받아 수사할 수 있다.
   제6조(신속한 수사지휘)
  • 검사는 사법경찰관으로부터 수사지휘 건의를 받은 때에는 지체 없이 지휘하여야 한다. 다만, 사안이 복잡하거나 장기간 검토하여야 할 특별한 사정이 있을 때에는 그러하지 아니하다.
   제79조(송치 이후 보완 지휘)
  • ① 사법경찰관은 사건을 송치한 후 검사로부터 보완수사 지휘를 받은 때에는 지휘 내용을 이행하고, 그 결과를 검사에게 보고하여야 한다.
  • ② 제1항의 경우 사법경찰관리는 사건관계인을 소환하거나 조사할 때 검사로부터 보완수사를 지휘받았다는 사실을 고지하여야 한다.
   제86조(송치 후의 수사 등)
  • ① 사법경찰관리는 사건을 송치한 후에 수사를 계속하려면 미리 주임검사의 지휘를 받아야 한다.
  • ② 사법경찰관리는 사건을 송치한 후에 해당 사건 피의자의 다른 범죄를 발견하였을 때에는 즉시 주임검사에게 보고하고 지휘를 받아야 한다.
  • ③ ( .. 생략 .. )

2014년 11월 5일 수요일

[Hayek's Road To Serfdom, Ch1] The Abandoned Road



※ 발췌 (excerpt): 

Chapter 1
The Abandoned Road


1. When the course of civilization takes an unexpected turn ... ...


2. While all our energies are directed to bring this war to a victorious conclusion, ... ...


3. Now, it is somewhat difficult to think of Germany and Italy, or Russia, not as different worlds but as products of a development of thought in which we have shared; ... ...


4. That a change of ideas and the force of human will have made the world what it is now, ... ...


5. The crucial point of which our people are still so little aware is, however, not merely the magnitude of changes which have taken place during the last generation but the fact that they mean a complete change in the direction of the evolution of our ideas and social order. ... ...


6. How sharp a break not only with the recent past but with the whole evolution of Western civilization the modern trend toward socialism means becomes clear if we consider it not merely agasint the backgound of the 19th century but in a longer historical perspective. ... ...


7. The Nazi leader who described the National Socialist revolution as a counter-Renaissance spoke more truly than he probably knew. ... ...


8. The gradual transformation of a rigidly organized hierarchic system into one where men could at least attempt to shape their own life, where man gained the opportunity of knowing and choosing between different forms of life, is closely associated with the growth of commerce. ... ...


9. During the whole of this modern period of European history the general direction of social development was one of freeing the individual from the ties which had bound him to the customary or prescribed ways in the pursuit of his ordinary activities. ... ...


10. Perhaps the greatest result of the unchaining of individual energies was the marvelous growth of science which followed the march of individual liberty from Italy to England and beyond.  ... ...


11. As is so often true, the nature of our civilization has been seen more clearly by its enemies than by most of its friends: ... ...


12. The result of this growth surpassed all expectations. Wherever the barriers to the free exercise of human ingenuity were removed, man became rapidly able to satisfy ever widening ranges of desire. ... ... 


13. What in the future will probably appear the most significant and far-reaching effect of this success is the new sense of power over their own fate, the belief in the unbounded possibilities of improving their own lot, which the success already achieved created among men. ... ...


14. There is nothing in the basic principles of liberalism to make it a stationary creed; there are no hard-and-fast rules fixed once and for all. ... ...


15. But, with this attitude taken by many popularizers of the liberal doctrine, it was almost inevitable that, once their position was penetrated at some points, it should soon collapse as a whole. ... ...


16. No sensible person should have doubted that the crude rules in which the principles of economic policy of the nineteenth century were expressed were only a beginning—that we had yet much to learn and that there were still immense possibilities of advancement on the lines on which we had moved. ... ... 


17. But while the progress toward what is commonly called “positive” action was necessarily slow, and while for the immediate improvement liberalism had to rely largely on the gradual increase of wealth which freedom brought about, it had constantly to fight proposals which threatened this progress. ... ...


18. Because of the growing impatience with the slow advance of liberal policy, the just irritation with those who used liberal phraseology in defense of antisocial privileges, and the boundless ambition seemingly justified by the material improvements already achieved, it came to pass that toward the turn of the century the belief in the basic tenets of liberalism was more and more relinquished. ... ... 


19. This is not the place to discuss how this change in outlook was fostered by the uncritical transfer to the problems of society of habits of thought engendered by the preoccupation with technological problems, the habits of thought of the natural scientist and the engineer, and how these at the same time tended to discredit the results of the past study of society which did not conform to their prejudices and to impose ideals of organization on a sphere to which they are not appropriate.11 All we are here concerned to show is how completely, though gradually and by almost imperceptible steps, our attitude toward society has changed. What at every stage of this process of change had appeared a difference of degree only has in its cumulative effect already brought about a fundamental difference between the older liberal attitude toward society and the present approach to social problems. The change amounts to a complete reversal of the trend we have sketched, an entire abandonment of the individualist tradition which has created Western civilization.


20. 


21. 


22.


23.