Law And Political Authority In South Korea

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.

ÔAs dynamic as legal change has been in South Korea, it has also been understudied, at least until the arrival of this wonderful collection of essays. The authors, who are all leading figures in the field, demonstrate convincingly that Korean experience is relevant to many of the contemporary questions in law and society studies, including how to understand the dynamics of legal change, the role of law in development, the nature of transitional justice, and law in the postcolonial state. Every law and society scholar should read this book.Õ Ð Tom Ginsburg, University of Chicago, US This book sets out a panoramic view of law and society studies in South Korea, considering the factors that have made this post-colonial war-torn country economically and politically successful. The contributors examine societal and historical conditions that are reflected in Ð or that were shaped by Ð the law, through a variety of lenses; including law and development, law and politics, colonialism and gender, past wrongdoings, public interest lawyering, and judicial reform. In dismantling the historical specificity of the way in which Korea studies are universally framed the contributions provide novel views, theories and information about South Korean law and society. Incorporating various perspectives and methodologies, and demonstrating a finely crafted application of general theory to specific issues, this compendium will prove insightful to law scholars and researchers looking to widen their perspective and broaden their knowledge on law and society in Korea. Law practitioners whose practice requires knowledge of the Korean legal system will also find plenty of information in this authoritative book.

Expert contributors examine the challenges of fully implementing the rule of law in South Korea's fledgling democracy and market economy. The expert contributors detail the obstacles that must be overcome, such as corruption in politics and corporate governance and a deep-rooted cultural indifference to the rights of the individual, and offer suggestions on what can—and what should not—be done.

This study examines the legal, political and social framework of press freedom in South Korea. It covers Korea's judicial system, the constitution, periodicals and broadcast statutes, libel, privacy, national security, access to information, obscenity, copyright and cable broadcasting.

While popular movements in South Korea rightly grab the headlines for forcing political change and holding leaders to account, those movements are only part of the story of the construction and practice of democracy. In Top-Down Democracy in South Korea, Erik Mobrand documents another part – the elite-led design and management of electoral and party institutions. Even as the country left authoritarian rule behind, elites have responded to freer and fairer elections by entrenching rather than abandoning exclusionary practices and forms of party organization. Exploring South Korea’s political development from 1945 through the end of dictatorship in the 1980s and into the twenty-first century, Mobrand challenges the view that the origins of the postauthoritarian political system lie in a series of popular movements that eventually undid repression. He argues that we should think about democratization not as the establishment of an entirely new system, but as the subtle blending of new formal rules with earlier authority structures, political institutions, and legitimizing norms.

This book introduces readers to the concepts of political philosophy. It starts by explaining why the subject is important and how it tackles basic ethical questions such as 'how should we live together in society?' It looks at political authority, the reasons why we need politics at all, the limitations of politics, and whether there are areas of life that shouldn't be governed by politics. It explores the connections between political authority and justice, a constant theme in political philosophy, and the ways in which social justice can be used to regulate rather than destroy a market economy. David Miller discusses why nations are the natural units of government and whether the rise of multiculturalism and transnational co-operation will change this: will we ever see the formation of a world government? ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.