1993 年 1993 巻 45 号 p. 121-125,331
Kohlberg considers human being as active and rational, and development as separation or autonomy from the other and the situation. Because he values autonomous individual, or objectivity and rationality, his theory is apt to be considered as a modern theory. But his principled level seems to differ to some extent from the image of autonomous man which modern law presupposes. He values autonomy in the sense that one gets rid of restraint of unessential factor, by acquiring objective and rational cognition, but it is not equal to autonomy in the sense that one excludes the intervention from the other and decides by oneself.
The problem of development is rather what the principle of judgement is than whether one can judge independently from the other: the direction of development is the increase of equilibrium between self and the other.
Kohlberg's principled level seems to be related to the problem of self-government by the persons concerned (adversary system). Stage 5 where one considers justice as agreement among free and rational individuals (that is contract) supports self-government system. In stage 5 it is just to arrive at agreement through justifiable procedure, so one can leave resolution to the persons concerned, if each is assured to be free and equal. In stage 6, agreement is considered as just only when it is based on universal ethical principle. One in stage 6 must check if procedure arriving at agreement is based on universal principle, and pursue universal resolution which not only the persons concerned but also everyone can agree.
Kohlberg's basic idea is that discussing and deciding by themselves promotes moral development. The system of self-government by the persons concerned is necessary to develop morality and process of pursuing agreement through dialogue lives up to universal principle, but determination through such agreement is not always just.