카르네아데스의 널
요약
형법상 긴급피난의 본질 ·요건을 논할 때에 자주 인용되는 사례.
BC 2세기경의 그리스 철학자 카르네아데스는, 대양(大洋)에서 배가 난파하였을 때 1인만이 붙잡을 수 있는 한 조각의 판자를 붙들고 있는 사람을 밀어내고, 판자를 빼앗아 자기 목숨을 구하는 일은 정당한가 하는 문제를 제기하였다. 그 뒤로 이 사례가 형법상 긴급피난의 본질과 요건을 논할 경우에 자주 인용되었다.
한국 형법(22조)은 ‘타인’의 권리에 대한 위난(危難)까지도 긴급피난의 성립을 인정하였고, 그 성립요건으로서 가한 해가 피하려는 해의 정도를 넘지 않을 것을 요구하고 있으므로, 긴급피난의 본질을 위법조각사유로 보는 것이 통설이다. 이에 따르면 ‘카르네아데스의 널’의 경우도 사람의 목숨은 법적으로 가치가 같으므로, 가한 해가 피하려는 해의 정도를 넘었다고 할 수 없다. 따라서, 그 행위는 긴급피난으로서 위법성이 조각되어 처벌되지 않는다고 해석된다.
[네이버 지식백과] 카르네아데스의 널 (두산백과)
카르네아데스
요약
그리스의 회의학파(懷疑學派) 철학자. 스토아 철학을 연구, 그 철학을 논박하여 진위의 기준이 존재하지 않기 때문에 여하한 인식도 불가능하다고 주장했다. 한편으로는 개연적 지식을 인정하고 그 3단계를 논한 후, 그에 바탕을 둔 도덕학을 전개하였다.
원어명
Carneadēs
출생-사망
BC 214? ~ BC 129?
퀴레네 출생. BC 137년까지 제3아카데미아 학장으로 있었고, BC 155년에는 다른 철학자들과 함께 로마에 파견되었다. 스토아 철학을 연구, 그 철학을 논박하여, 진위(眞僞)의 기준이 존재하지 않기 때문에 여하한 인식도 불가능하다는 것을 주장하였으며, 한편으로는 개연적 지식(蓋然的知識)을 인정하고 그 3단계를 논한 후, 그에 바탕을 둔 도덕학(道德學)을 전개하였다고 전한다. 만년에 실명, 죽음을 매우 무서워하였다고 하며 저서는 없다.
[네이버 지식백과] 카르네아데스 (두산백과)
Carneades (/kɑːrˈniːədiːz/; Greek: Καρνεάδης, Karneadēs, "of Carnea"; 214/3–129/8 BC[1]) was an Academic skeptic born in Cyrene. By the year 159 BC, he had started to refute all previous dogmatic doctrines, especially Stoicism, and even the Epicureans whom previous skeptics had spared. As head of the Academy, he was one of three philosophers sent to Rome in 155 BC where his lectures on the uncertainty of justice caused consternation among leading politicians. He left no writings and many of his opinions are known only via his successor Clitomachus. He seems to have doubted the ability, not just of the senses but of reason too, in acquiring truth. His skepticism was, however, moderated by the belief that we can, nevertheless, ascertain probabilities of truth, to enable us to live and act correctly.
Contents
1 Life
2 Philosophy
3 See also
4 Notes
5 References
6 External links
Life
Carneades, the son of Epicomus or Philocomiis, was born at Cyrene, North Africa in 214/213 BC. He migrated early to Athens, and attended the lectures of the Stoics, and learned their logic from Diogenes. He studied the works of Chrysippus, and exerted his energy of a very acute and original mind in their refutation.
He attached himself to the Academy, which had suffered from the attacks of the Stoics; and on the death of Hegesinus, he was chosen to preside at the meetings of Academy, and was the fourth in succession from Arcesilaus. His great eloquence and skill in argument revived the glories of his school; and, defending himself in the negative vacancy of asserting nothing (not even that nothing can be asserted), carried on a vigorous war against every position that had been maintained by other sects.
In the year 155 BC, when he was fifty-eight years old, he was chosen with Diogenes the Stoic and Critolaus the Peripatetic to go as ambassador to Rome to deprecate the fine of 500 talents which had been imposed on the Athenians for the destruction of Oropus. During his stay at Rome, he attracted great notice from his eloquent speeches on philosophical subjects, and it was here that, in the presence of Cato the Elder, he delivered his several orations on Justice. The first oration was in commendation of the virtue of Roman justice, and the next day the second was delivered, in which all the arguments he'd made on the first were refuted, as he persuasively attempted to prove that justice was inevitably problematic, and not a given when it came to virtue, but merely a compact device deemed necessary for the maintenance of a well-ordered society. Recognizing the potential danger of the argument, Cato was shocked at this and he moved the Roman Senate to send the philosopher home to his school, and prevent the Roman youth from the threat of re-examining all Roman doctrines. Carneades lived twenty-seven years after this at Athens.
Carneades was succeeded, in his old age (137/136 BC), by his namesake Carneades, son of Polemarchus, but the younger Carneades died 131/0 BC and was succeeded by Crates of Tarsus.[2] The elder Carneades died at the advanced age of 85 (although Cicero says 90), in 129/128 BC. After the death of Crates of Tarsus in 127/126 BC Clitomachus became head of the Academy.[2]
Carneades is described as a man of unwearied industry. He was so engrossed in his studies, that he let his hair and nails grow to an immoderate length, and was so absent at his own table (for he would never dine out), that his servant and concubine, Melissa, was constantly obliged to feed him. Latin writer and author Valerius Maximus, to whom we owe the last anecdote, tells us that Carneades, before discussing with Chrysippus, was wont to purge himself with hellebore, to have a sharper mind.[3] In his old age, he suffered from cataract in his eyes, which he bore with great impatience, and was so little resigned to the decay of nature, that he used to ask angrily, if this was the way in which nature undid what she had done, and sometimes expressed a wish to poison himself.[citation needed]
Philosophy[edit]
Carneades, depicted as a medieval scholar in the Nuremberg Chronicle, where he is called "Carmeides".[4]
Carneades is known as an Academic skeptic. Academic skeptics (so called because this was the type of skepticism taught in Plato's Academy in Athens) hold that all knowledge is impossible, except for the knowledge that all other knowledge is impossible.
Carneades left no writings, and all that is known of his lectures is derived from his intimate friend and pupil, Clitomachus; but so true was he to his own principles of withholding assent, that Clitomachus confesses he never could ascertain what his master really thought on any subject.[citation needed] In ethics, which more particularly were the subject of his long and laborious study, he seems to have denied the conformity of the moral ideas with nature. This he particularly insisted on in the second oration on Justice, in which he manifestly wished to convey his own notions on the subject; and he there maintains that ideas of justice are not derived from nature, but that they are purely artificial for purposes of expediency.[citation needed]
All this, however, was nothing but the special application of his general theory, that people did not possess, and never could possess, any criterion of truth.
Carneades argued that, if there were a criterion, it must exist either in reason (logos), or sensation (aisthêsis), or conception (phantasia). But then reason itself depends on conception, and this again on sensation; and we have no means of judging whether our sensations are true or false, whether they correspond to the objects that produce them, or carry wrong impressions to the mind, producing false conceptions and ideas, and leading reason also into error. Therefore, sensation, conception, and reason, are alike disqualified for being the criterion of truth.[citation needed]
But after all, people must live and act, and must have some rule of practical life; therefore, although it is impossible to pronounce anything as absolutely true, we may yet establish probabilities of various degrees. For, although we cannot say that any given conception or sensation is in itself true, yet some sensations appear to us more true than others, and we must be guided by that which seems the most true. Again, sensations are not single, but generally combined with others, which either confirm or contradict them; and the greater this combination the greater is the probability of that being true which the rest combine to confirm; and the case in which the greatest number of conceptions, each in themselves apparently most true, should combine to affirm that which also in itself appears most true, would present to Carneades the highest probability, and his nearest approach to truth.[5]
See also[edit]
Anti-realism
Moral relativism
Plank of Carneades
Philosophical skepticism
Pyrrhonism
Subjectivism
Notes[edit]
Jump up ^ Dorandi 1999, p. 48.
^ Jump up to: a b Dorandi 1999, p. 33.
Jump up ^ Val. Max., VIII,7, ext.., 5: Idem cum Chrysippo disputaturus elleboro se ante purgabat ad expromendum ingenium suum attentius et illius refellendum acrius.
Jump up ^ Die Schedelsche Weltchronik, 079
Jump up ^ Grenfell 1870, p. 614.
References[edit]
Dorandi, Tiziano (1999). "Chapter 2: Chronology". In Algra, Keimpe; et al. The Cambridge History of Hellenistic Philosophy. Cambridge: Cambridge University Press. pp. 33, 48. ISBN 9780521250283.
Attribution:
This article incorporates text from a publication now in the public domain: Grenfell, Algernon (1870). "Carneades". In Smith, William. Dictionary of Greek and Roman Biography and Mythology. 1. p. 614.
External links[edit]
Wikimedia Commons has media related to Carneades.
Allen, James. "Carneades". Stanford Encyclopedia of Philosophy.
"Carneades". Internet Encyclopedia of Philosophy.
Wikisource-logo.svg "The Academics: Carneades". Lives of the Eminent Philosophers. 1:4. 1925.
Wikisource-logo.svg "Carneades". Encyclopedia Americana. 1920.
Wikisource-logo.svg "Carneades". Encyclopædia Britannica (11th ed.). 1911.
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