This is the first book in English that covers the evolution of Korean law and custom comprehensively from the Choson dynasty through the colonial and postcolonial modern periods. In particular, this book discusses in detail legal developments under Japanese colonial rule that formed the foundation of the modern Korean legal system, and thus presents new interpretations of colonial history. This book is unique in that it provides in-depth comparisons between European and East Asian legal traditions, with discussions in French and Japanese legal history in addition to Korean legal history.
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.
Recenzijos
'In conclusion, although this book deals specifically with law and custom in Korea from a historical perspective, it is of general interest and should attract the attention of anyone who is interested in legal pluralism, law and society, legal culture and legal transplants, particularly in East Asia. The book cogently maintains that 'reference to custom in the process of creating a unified legal system was a universal occurrence in history'. It is for this reason that this book is a fascinating read, from a Chinese perspective, given the shared history and culture of Korea and China.' Lei Chen, Comparative Legal History 'Kim's work is a superb and informative piece of scholarship that only could be completed by a scholar with the breadth of knowledge and understanding that she possesses. Though custom and law is a difficult subject matter, [ she] does an excellent job of explaining complex legal terms and ideas in a comprehensible way and in dealing with a sensitive period of history, showing how the Japanese colonial period shaped Korean history without seeking to condone or exonerate imperialism Those interested in Korean, Japanese, or comparative legal history would likely gain the most from Law and Custom in Korea, but I would also highly recommend it to anyone interested in Korean history from the Chosn Dynasty to the present, as Kim ably shows how the impact of the past is still felt keenly today.' Franklin Rausch, Sungkyun Journal of East Asian Studies 'The colonizer's role still sparks heated debates in Korea, despite little attention to it abroad. Marie Seong-Hak Kim brings new attention to the issue with a spirited polemic about the origins of private or civil law in Korea under Japanese colonial rule (191045).' Dennis L. McNamara, The American Historical Review
Daugiau informacijos
Sets forth the evolution of Korea's law and legal system from the Chosn dynasty through the colonial and postcolonial modern periods.
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ix | |
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xi | |
| Acknowledgments |
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xiii | |
| Introduction |
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1 | (12) |
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1 Comparative Reflections on the Concepts of Law and Custom |
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13 | (28) |
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Concepts of Custom in European and East Asian Legal Traditions |
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16 | (5) |
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Law and Local Customs in Choson Korea, 1392--1910 |
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21 | (17) |
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38 | (3) |
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2 Law and Legal Culture under the Choson Dynasty |
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41 | (24) |
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43 | (8) |
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Law versus Standard of Behavior |
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51 | (5) |
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Rule of Law and the Role of Law |
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56 | (3) |
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Korea's Autonomous Attempts for Legal Reform |
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59 | (6) |
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3 Custom and Legal Reception: The Japanese Precedent |
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65 | (36) |
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The Introduction of the Legal Theory of Custom in East Asia |
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67 | (15) |
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The Making of the Japanese Civil Code and Ume Kenjiro |
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82 | (12) |
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Sources of Law in the Japanese and the French Civil Codes |
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94 | (7) |
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4 Legal Reforms in Protectorate Korea, 1905--1910 |
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101 | (50) |
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Precedents of Reform: The Building of a Colonial Legal System in Taiwan |
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105 | (7) |
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Ume Kenjiro and Reforms of Korean Law and the Legal System |
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112 | (22) |
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The Evolution of Japanese Politics and Legal Policy in Korea |
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134 | (12) |
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A Tale of Two Assimilations |
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146 | (5) |
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5 Colonial Law and the Legal System, 1910--1945 |
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151 | (41) |
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The Constitutional Status of the Colony |
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153 | (3) |
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The Creation of Colonial Courts |
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156 | (16) |
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The Colonial Customary Law Order |
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172 | (8) |
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Conflict of Laws in the Colonial Empire: The Coordination Law System |
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180 | (12) |
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6 Colonial Jurisprudence and the Construction of Korean Customary Law |
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192 | (43) |
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The Interpretation of Custom |
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193 | (8) |
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Reconfiguring Korean Customs into Customary Law |
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201 | (7) |
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Analysis of Customary Law Cases |
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208 | (24) |
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Jurisprudence of Customary Law and Colonial Policy |
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232 | (3) |
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7 The Japanese Deviation: Comparison of Colonial Customary Law Policies |
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235 | (32) |
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Legal Pluralism in European Colonies |
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237 | (8) |
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Comparison of Japanese and European Customary Law Policies |
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245 | (4) |
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Law, Civilization, and Assimilation |
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249 | (8) |
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The Evolution of Colonial Legal Policy |
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257 | (5) |
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The Legacy of the Deviation |
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262 | (5) |
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8 Customary Law in Modern Korea |
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267 | (30) |
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Custom and the Korean Civil Code |
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270 | (4) |
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Colonial Law and Postcolonial Jurisprudence |
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274 | (12) |
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Custom, Culture, and the Constitution |
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286 | (6) |
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Tradition versus Modernity and Jurisprudential Quandary |
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292 | (5) |
| Conclusion |
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297 | (6) |
| Appendix A List of Major Colonial Officials |
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303 | (2) |
| Appendix B Selected Law Provisions Cited in the Text |
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305 | (6) |
| Bibliography |
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311 | (34) |
| Index |
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345 | |
Marie Seong-Hak Kim was born in Seoul, Korea, and was educated at Ewha Womans University (BA and MA), the University of Minnesota (PhD) and the University of Minnesota Law School (JD). Originally trained as a sixteenth-century French historian, Professor Kim teaches and writes on both European and East Asian legal history, concentrating on France, Korea and Japan. Her book, Michel de L'Hōpital: The Vision of a Reformist Chancellor during the French Religious Wars, was published in 1997. Her articles have appeared in journals such as Law and History Review, The American Journal of Comparative Law, The Journal of Asian Studies, The Journal of Japanese Studies, Tijdschrift voor rechtsgeschiedenis, Ty Bunka Kenky and French History. Her major awards and grants include the National Endowment for the Humanities Research Fellowship, Fulbright Senior Scholar Grant, the Academy of Korean Studies Research Grants and the Japan Foundation Research Fellowship. She served as a visiting professor at the Institut d'Asie Orientale at École Normale Supérieure in Lyon, France, and was a fellow at the International Institute for Asian Studies in Leiden, The Netherlands. As a Fulbright Visiting Professor of Law, she taught at Handong Global University in Pohang, Korea. From 2011 to 2012, Professor Kim was a fellow at the Institut des Études Avancées (Collegium de Lyon) in France. She currently teaches at St Cloud State University. She is an attorney at law and a member of the Minnesota Bar.
