The spirit of Korean Law. Korean Legal History in Context, by Marie Seong-Hak Kim (ed.)
Leiden:
Brill Nijhoff, 2016
ISBN13:
9789004290778
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.
Biographical note
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).
Readership
Anyone interested in Korean law,
Korean history, East Asian legal history, and comparative legal traditions.
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
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