(해외한국학 씨앗형 사업, [Lyon-Geneva:Launching a Dual-Locus Laboratory of Korean Studies in the Heart of Europe], Ecole Normale Superieure de Lyon, 2012.7.1~2015.6.30)
Marie Seong-Hak Kim (St. Cloud State University)
![]() |
The Spirit of Korean Law: Korean Legal History in Context
Marie Seong-Hak Kim (St. Cloud State University)
We are pleased to announce the publication of The Spirit of Korean Law: Korean Legal History in Context from Brill Nijhoff.
Marie Seong-Hak Kim, ed., The Spirit of Korean Law: Korean Legal History in Context. Leiden: Brill Nijhoff, 2016 ISBN13: 9789004290778 E-ISBN: 9789004306011
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.
Law remains one of the least understood aspects of East Asian tradition. Premodern Chinese law, along with the laws of Korea, Japan, and Vietnam, had long been regarded as little more than a recitation of Confucian moral injunctions, with its penal legal system functioning as an apparatus for a sort of Oriental despotism. The conventional view that traditional East Asia did not have a law worthy of its name was a result of an ill-informed cultural bias of Western jurists in the nineteenth century. This outdated opinion has now been effectively disputed by scholars. Still, study of East Asian legal history lags, and Korean law, in particular, is regularly treated by Western scholars as an afterthought in the shadows of Chinese and Japanese law. This volume aims to help correct this state of scholarship.
This book is divided into three parts: the Chosŏn, colonial, and modern periods. The chapters in each part deal with the developments of codified laws, legal theories and practices, and jurisprudence, against the backdrop of political and institutional mutations. Together they show that Korean legal history bears powerful imprints of foreign laws but reveals a distinctive force of acculturation at work, reflecting original and creative contributions by lawmakers, legal scholars, and judges. In East Asia, law did not always circulate in a systematic way, and Korea’s selective adaptations of legal models, were not always rational or successful. But the process has shown that legal reception is capable of transcending nationalistic confines. Legal developments in Korean history have been affected by foreign and domestic power relations and by political and bureaucratic challenges, but these developments have rendered Korean law flexible, resilient, and dynamic.
Today there is a rising demand for knowledge about Korea. when the current Chinese legal system has little to lend to countries aspiring for the rule of law, and Japan has seemingly lost its economic luster and its clout outside, Korea can become a powerful center of legal diffusion in the newly configured Asian order. This volume attests to the importance of development through the replication of a model; law is the ideal interface for such a venture. The East Asian legal civilization sphere has seen its locus of action shifting across time and space. The dynamic momentum of legal globalism continues, and Korea has a meaningful role to play.
We hope this volume serves as a catalyst for a more active scholarship on Korean legal history and also for a more accurate and engaged understanding of Korea by the general public.