The Spirit of Korean Law: Korean Legal History in Context

Author:   Marie Kim
Publisher:   Brill
Volume:   3
ISBN:  

9789004290778


Pages:   272
Publication Date:   23 December 2015
Format:   Hardback
Availability:   Available To Order   Availability explained
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The Spirit of Korean Law: Korean Legal History in Context


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Overview

This is the first book on Korean legal history in English written by a group of leading scholars from around the world. The chapters set forth the developments of Korean law from the Chosŏn to colonial and modern periods through the examination of codified laws, legal theories and practices, and jurisprudence. The contributors’ shared premise is that the evolution of Korean law can be best understood when viewed in terms of its interactions with outside laws. Each chapter integrates literature in Korean, Japanese, Chinese, and Western languages into comprehensive analyses to make up-to-date research available to readers both inside and outside Korea. This volume provides a solid framework from which to approach Korean legal history in the perspective of comparative legal traditions.

Full Product Details

Author:   Marie Kim
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   3
Dimensions:   Width: 15.50cm , Height: 2.00cm , Length: 23.50cm
Weight:   0.572kg
ISBN:  

9789004290778


ISBN 10:   900429077
Pages:   272
Publication Date:   23 December 2015
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order   Availability explained
We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately.

Table of Contents

Preface List of Contributors Introduction: Searching for the Spirit of Korean Law Marie Seong-Hak Kim Part 1 Legal Codes and Institutions of the Chosŏn Dynasty The Chosŏn Law Codes in an East Asian Perspective Jérôme Bourgon and Pierre-Emmanuel Roux Circulation of Law and Jurisprudence in Korea and China: Homicide and the Notion of Requital for Life Frédéric Constant Confucian Ideology and Legal Developments in Chosŏn Korea: A Methodological Essay Anders Karlsson Part 2 Law and the Legal System under Colonial Rule The Rise of Korean Constitutional Thought (1875–1945): An East Asian Perspective Noriko Kokubun Can There Be Good Colonial Law? Korean Law and Jurisprudence under Japanese Rule Revisited Marie Seong-Hak Kim Legality or Legitimacy: Revisiting Debates on the Korea-Japan Annexation Treaties Samuel Guex Part 3 Law, Court, and Legal Reform in Modern Korea The Making of the Constitution and the Civil Code in Postliberation Korea Joon-Young Moon The Role of the Constitutional Court of Korea in the Transition from Authoritarian to Democratic Rule Justine Guichard Korea and the Reform of the Northeast Asian Legal Complex Tom Ginsburg Index

Reviews

The book impressively reflects academic values by examining extensive volumes of literature in Korean, Chinese, Japanese, and Western languages. It covers such themes as the impacts of Confucianism as rule, as well as colonial laws and customs codified in civil/penal codes and/or legal theories, practices, and jurisprudence. (...) The book’s contribution is interpretive, allowing us to understand law in Asia as part of global processes. It provides an important lens that helps make sense of distinct developments in particular times and places. Law, in Asia and elsewhere, is part of the contested construction of state power. Yukyong CHOE Asian Law and Society 4,2 (2017).


The book impressively reflects academic values by examining extensive volumes of literature in Korean, Chinese, Japanese, and Western languages. It covers such themes as the impacts of Confucianism as rule, as well as colonial laws and customs codified in civil/penal codes and/or legal theories, practices, and jurisprudence. (...) The book's contribution is interpretive, allowing us to understand law in Asia as part of global processes. It provides an important lens that helps make sense of distinct developments in particular times and places. Law, in Asia and elsewhere, is part of the contested construction of state power. Yukyong CHOE Asian Law and Society 4,2 (2017).


Author Information

Marie Seong-Hak Kim (J.D. 1994; Ph.D. 1991) is Professor of History at St. Cloud State University. She is the author of Law and Custom in Korea: Comparative Legal History (2012) and Michel de L’Hôpital: The Vision of a Reformist Chancellor during the French Religious Wars (1997).

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