미국 독립선언과 프랑스 인권선언 이후에도 노예제도는 유지되었고, 아프리카 흑인 노예는 천부인권이 부여된 존재로 파악되지 않았다. 성문화된 선언이 적용되지 않았더라도 자연법 논의가 활성화되어 그 당시 성행했던 노예무역과 노예제도를 폐지하는 쪽으로 가야 했는데 그러질 않았다. 19세기 초 노예제도가 법으로 금지된 이후에도 노예무역은 계속되었고, 흑인에 대한 차별은 없어지지 않았다.
노예제는 이후 제국주의 시대 식민주의로 이어진다. 제국주의 시대가 들어서면서 유럽의 강국들은 아프리카와 아시아의 국가들을 식민화했다. 국제법이 제대로 된 효력을 발휘하기 전이라면, 자연법 논의를 통해 식민화를 반대하는 목소리가 당연히 나와야 하는데 그런 목소리는 너무나 소수에 불과했다. 제국주의 식민주의는 흑인 노예제의 연장에서 백인의 유색인종 지배를 정당화했다. 뛰어난 문명이 뒤떨어진 인종과 사람들을 지도하고 인도하고 계몽해야 한다는 논리가 통용되었다.
필자는 서양에서 노예제와 식민주의가 진행되고 활성화될 때, 왜 자연법 논의가 없었을까, 있더라도 미비했을까 의문이 생겼다. 현실과 당위의 모순이 발생했음에도 자연법론은 현실에 맞게 당위를 조정했을 뿐이었다. 현실에 반하는 당위를 주장하는 자연법론은 침묵했다. 자연법은 천부인권으로 실정법에 명시되었지만, 자연법의 역할은 거기에서 끝이 났다. 천부인권이 부여된 인간에 흑인 노예는 해당되지 않았다. 실정화로 목소리를 다했다고 하기에는 자연법의 침묵은 길었다. 흑인 노예와 식민지인이 제소리를 찾아낼 때까지 그 누구도 자연법의 소리를 들려주지 않았다. 유럽인들은 ‘자연법론’을 활발히 논의했지만 흑인 노예와 식민지인에게는 적용하지 않았다.
서양 백인들은 자신들의 문명 기준에서 아프리카와 아시아의 원주민들을 미개하게 보았고, 스스로 다스릴 능력이 없다고 판단했다. 그들이 자랑하는 이성과 문명으로 그들은 다른 세계의 다양성을 살피지 못했다. 그들의 이성과 문명은 광기와 범죄로 가는 통로가 되었다. 19세기에 들어서는 인종과 지능을 연결하는 적극적 우생학의 시대가 전개되었고, 이에 기초해 식민지 지배를 정당화했다. 이성이 부족한 사람은 비유럽인이 아니라 그 당시 유럽인들이었다.
인간 이성뿐만 아니라 인간 감정도 메말랐던 시대였다. 타인의 고통을 외면했던 시대였다. 흑인 노예에 사람에 속하지 않았고 사람과 동물 그 사이에 있는 존재처럼 취급되었다. 모든 사람을 동등하게 대우하라는 자연법이 존재함에도 그 자연법의 적용을 외면했다. 흑인 노예는 사람에 속하지 않았다. 자연법이 인권선언으로 선언되었음에도 인권선언은 무시되었다. 인권선언이 적용되지 않는 상태에서 자연법적 논의가 부활하지도 않았다. 암흑의 시대가 있다면 16세기에서 19세기에 이르는 시대일 것이다. 이는 공교롭게도 문명의 시대, 이성의 시대, 감정의 시대와 일치한다. 문명의 시대가 야만의 시대였다는 점을 역사는 여실히 보여주었다.
Even after the American Declaration of Independence and the French Declaration of Human Rights, slavery was maintained, and black African slaves were not considered as beings granted natural human rights. Even if the written declaration had not been applied, discussions on natural law should have been activated and led to the abolition of the slave trade and slavery that were prevalent at the time, but this did not happen. Even after slavery was banned by law in the early 19th century, the slave trade continued, and discrimination against black people did not disappear. Slavery later led to colonialism in the era of imperialism. With the advent of imperialism, European powers colonized countries in Africa and Asia. Before international law took full effect, voices opposing colonization should have come out through discussions on natural law, but such voices were very few. Imperial colonialism justified white domination of people of color as an extension of black slavery. The prevailing logic was that a superior civilization should guide, guide, and enlighten backward races and peoples. I wondered why there was no discussion of natural law when slavery and colonialism were progressing and becoming active in the West, or why it was insufficient even if there was discussion. Even though there was a contradiction between reality and justification, natural law theory only adjusted the justification to suit reality. Natural law theory, which asserts justification that runs counter to reality, was silent. Natural law was specified in positive law as an innate human right, but its role ended there. Black slaves were not included in the category of human beings granted natural human rights. The silence of natural law was too long to say that it had exhausted its voice through actualization. No one heard the sound of natural law until black slaves and colonists found their own voice. Europeans actively discussed ‘natural law’, but did not apply it to black slaves and colonists. Western whites viewed the indigenous people of Africa and Asia as uncivilized by their civilizational standards and judged them to be incapable of governing themselves. With the reason and civilization they boast about, they were unable to explore the diversity of other worlds. Their reason and civilization became a pathway to madness and crime. In the 19th century, an era of active eugenics linking race and intelligence developed, and colonial rule was justified on this basis. Those who lacked reason were not non-Europeans, but Europeans at the time. It was a time when not only human reason but also human emotions were dry. It was a time when we ignored the pain of others. Black slaves did not belong to humans and were treated like beings between humans and animals. Even though there is a natural law to treat all people equally, the application of that natural law has been ignored. Black slaves did not belong to people. Even though natural law was declared as a declaration of human rights, the declaration of human rights was ignored. In a state where the Declaration of Human Rights is not applied, natural law discussions have not been revived. If there is a dark age, it is the period from the 16th to the 19th centuries. Coincidentally, this coincides with the era of civilization, the era of reason, and the era of emotions. History has clearly shown that the era of civilization was an era of barbarism.
Even after the American Declaration of Independence and the French Declaration of Human Rights, slavery was maintained, and black African slaves were not considered as beings granted natural human rights. Even if the written declaration had not been applied, discussions on natural law should have been activated and led to the abolition of the slave trade and slavery that were prevalent at the time, but this did not happen. Even after slavery was banned by law in the early 19th century, the slave trade continued, and discrimination against black people did not disappear. Slavery later led to colonialism in the era of imperialism. With the advent of imperialism, European powers colonized countries in Africa and Asia. Before international law took full effect, voices opposing colonization should have come out through discussions on natural law, but such voices were very few. Imperial colonialism justified white domination of people of color as an extension of black slavery. The prevailing logic was that a superior civilization should guide, guide, and enlighten backward races and peoples. I wondered why there was no discussion of natural law when slavery and colonialism were progressing and becoming active in the West, or why it was insufficient even if there was discussion. Even though there was a contradiction between reality and justification, natural law theory only adjusted the justification to suit reality. Natural law theory, which asserts justification that runs counter to reality, was silent. Natural law was specified in positive law as an innate human right, but its role ended there. Black slaves were not included in the category of human beings granted natural human rights. The silence of natural law was too long to say that it had exhausted its voice through actualization. No one heard the sound of natural law until black slaves and colonists found their own voice. Europeans actively discussed ‘natural law’, but did not apply it to black slaves and colonists. Western whites viewed the indigenous people of Africa and Asia as uncivilized by their civilizational standards and judged them to be incapable of governing themselves. With the reason and civilization they boast about, they were unable to explore the diversity of other worlds. Their reason and civilization became a pathway to madness and crime. In the 19th century, an era of active eugenics linking race and intelligence developed, and colonial rule was justified on this basis. Those who lacked reason were not non-Europeans, but Europeans at the time. It was a time when not only human reason but also human emotions were dry. It was a time when we ignored the pain of others. Black slaves did not belong to humans and were treated like beings between humans and animals. Even though there is a natural law to treat all people equally, the application of that natural law has been ignored. Black slaves did not belong to people. Even though natural law was declared as a declaration of human rights, the declaration of human rights was ignored. In a state where the Declaration of Human Rights is not applied, natural law discussions have not been revived. If there is a dark age, it is the period from the 16th to the 19th centuries. Coincidentally, this coincides with the era of civilization, the era of reason, and the era of emotions. History has clearly shown that the era of civilization was an era of barbarism.