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Vol 21 No 10 Oct/Nov 2016

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The Spirit of Korean Law: Korean Legal History in Context

Edited by: Marie Seong-Hak Kim

ISBN13: 9789004290778
Published: November 2015
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £120.00



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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.

Subjects:
Legal History, Other Jurisdictions , Asia
Contents:
Preface
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