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Law and Custom in Korea

Law and Custom in Korea
Author: Marie Seong-Hak Kim
Publisher: Cambridge University Press
Total Pages: 365
Release: 2012-08-27
Genre: History
ISBN: 110700697X

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Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.


Law and Custom in Korea

Law and Custom in Korea
Author: Marie Seong-Hak Kim
Publisher:
Total Pages: 366
Release: 2014-05-14
Genre: Civil law
ISBN: 9781139525800

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"This book sets forth the evolution of Korea's law and legal system from the Choson dynasty through the colonial and postcolonial modern periods. This is the first book in English that comprehensively studies Korean legal history in comparison with European legal history, with particular emphasis on customary law. Korea's passage to Romano-German civil law under Japanese rule marked a drastic departure from its indigenous legal tradition. The transplantation of modern civil law in Korea was facilitated by Japanese colonial jurists who themselves created a Korean customary law; this constructed customary law served as an intermediary regime between tradition and the demands of modern law. The transformation of Korean law by the brisk forces of Westernization points to new interpretations of colonial history, and it presents an intriguing case for investigating the spread of law on the global level. In-depth discussions of French customary law and Japanese legal history in this book provide a solid conceptual framework suitable for comparing European and East Asian legal traditions"--


The Spirit of Korean Law

The Spirit of Korean Law
Author: Marie Kim
Publisher: BRILL
Total Pages: 282
Release: 2015-11-02
Genre: Law
ISBN: 9004306013

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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.


Rules of the House

Rules of the House
Author: Sungyun Lim
Publisher: Univ of California Press
Total Pages: 188
Release: 2018-11-13
Genre: History
ISBN: 0520972503

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A free ebook version of this title is available through Luminos, University of California Press’s Open Access publishing program for monographs. Visit www.luminosoa.org to learn more. Rules of the House offers a dynamic revisionist account of the Japanese colonial rule of Korea (1910–1945) by examining the roles of women in the civil courts. Challenging the dominant view that women were victimized by the Japanese family laws and its patriarchal biases, Sungyun Lim argues that Korean women had to struggle equally against Korean patriarchal interests. Moreover, women were not passive victims; instead, they proactively struggled to expand their rights by participating in the Japanese colonial legal system. In turn, the Japanese doctrine of promoting progressive legal rights would prove advantageous to them. Following female plaintiffs and their civil disputes from the precolonial Choson dynasty through colonial times and into postcolonial reforms, this book presents a new and groundbreaking story about Korean women’s legal struggles, revealing their surprising collaborative relationship with the colonial state.


Record of the Seasonal Customs of Korea

Record of the Seasonal Customs of Korea
Author:
Publisher: University of Hawaii Press
Total Pages: 209
Release: 2021-12-31
Genre: History
ISBN: 0824891597

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Record of the Seasonal Customs of Korea (Tongguk sesigi) is one of the most important primary sources for anyone interested in traditional Korean cultural and social practices. The manuscript was completed in 1849 by Toae Hong Sŏk-mo, a wealthy poet and scholar from an influential family. Toae, with his keen interest in the habits and customs of both courtiers and commoners, compiled in almanac form (he divided his book into chronological sections by lunar and intercalary months) a comprehensive record of seasonal palace events, rituals, entertainment, and food and drink consumed on high days and holidays, as well as information on farm work and traditions. Nineteenth-century Korean intellectuals possessed a deep understanding of Chinese history and culture together with a growing awareness of the distinctiveness of Korea’s past and traditions. Toae’s work reflects this in the many comparisons he makes between the habits and customs of the two countries, quoting literary and philosophical sources to note similarities and contrasts. Knowledge of the seasonal traditions he describes was largely forgotten over the generations as Korea rapidly modernized, but in recent years much effort has been made to recover this wisdom: Tongguk sesigi is now widely read and referenced as a popular source for details on traditional food, customs, and entertainment. While an ever-increasing number of books introducing Korean culture written by non-Koreans or Koreans researching their roots is now available, Record of the Seasonal Customs of Korea contains information “from the source” that also reveals the mindset and penchants of a premodern Korean intellectual. Readers will thus be confronted with many concepts, names, and ideas not readily understandable so extensive notes are provided in this translation. Those studying other Asian cultures with some Chinese influence will also find valuable insights here for cross-cultural comparison and research.


South Korea 101

South Korea 101
Author: Mancho Soto
Publisher:
Total Pages: 63
Release: 2019-10-30
Genre:
ISBN: 9781703200416

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South Korea 101 is a book that shares with you practical information that holds great value in better understanding the Korean mindset and culture! If you have an interest in Korea and Korean people then this book will bring you tremendous value. I cover subjects like: how to eat spicy foods, how to not get run over by vehicles in Korea, dating in Korea and many MORE!I share insight with you about Korea that I gathered from living there for almost a decade. I love Korea and Korea is a big part of my life. With this book, you'll be able to make a better life with Korea and Koreans!


Constitutional Transition and the Travail of Judges

Constitutional Transition and the Travail of Judges
Author: Marie Seong-Hak Kim
Publisher: Cambridge University Press
Total Pages: 361
Release: 2021-03-11
Genre: Law
ISBN: 9781108465571

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This book looks at the history of the courts in South Korea from 1945 to the contemporary period. It sets forth the evolution of the judicial process and jurisprudence in the context of the nation's political and constitutional transitions. The focus is on constitutional authoritarianism in the 1970s under President Park Chung Hee, when judges faced a positivist crisis as their capacity to protect individual rights and restrain the government was impaired by the constitutional language. Caught between the contending duties of implementing the law and pursuing justice, the judges adhered to formal legal rationality and preserved the fundamental constitutional order, which eventually proved essential in the nation's democratization in the late 1980s. Addressing both democratic and authoritarian rule of law, this volume prompts fresh debate on judicial restraint and engagement in comparative perspectives.


Law and Political Authority in South Korea

Law and Political Authority in South Korea
Author: Tae-gyu Yun
Publisher: Routledge
Total Pages: 272
Release: 1990
Genre: Law
ISBN:

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This book provides an analysis of South Korean constitutional history since 1948. It furnishes an overview of the cultural and political context of Korean legal institutions, and it evinces an understanding of competing theories of the Rule of Law. The author provides an account of many important institutional transformations, including detailed discussions of Korean Supreme Court cases.


The Nature of Customary Law

The Nature of Customary Law
Author: Amanda Perreau-Saussine
Publisher: Cambridge University Press
Total Pages: 322
Release: 2007-05-17
Genre: Law
ISBN: 1139463217

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Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.