Law And Custom In Korea

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

"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 first book on Korean legal history in English written by a group of leading scholars, The Spirit of Korean Law examines the developments of Korean law from the Chosŏn to colonial and modern periods from the perspective of comparative legal traditions.

This book sets forth the evolution of Korea's law and legal system from the Chosǒn 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 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 forces of Westernisation points to new interpretations of colonial history and presents an intriguing case for investigating the spread of law on a global level. In-depth discussions of French customary law and Japanese legal history also provide a solid conceptual framework suitable for comparing European and East Asian legal traditions.

At publication date, a free ebook version of this title will be available through Luminos, University of California Press’s Open Access publishing program. 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 (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.

Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.