Product details:
| ISBN13: | 9781107660335 |
| ISBN10: | 1107660335 |
| Binding: | Paperback |
| No. of pages: | 364 pages |
| Size: | 234x156x21 mm |
| Weight: | 560 g |
| Language: | English |
| Illustrations: | 5 b/w illus. 2 tables |
| 0 |
Category:
Law and Custom in Korea
Comparative Legal History
Publisher: Cambridge University Press
Date of Publication: 17 July 2014
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Short description:
Sets forth the evolution of Korea's law and legal system from the Chos&&&466;n dynasty through the colonial and postcolonial modern periods.
Long description:
This book sets forth the evolution of Korea's law and legal system from the Chos&&&466;n 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.
'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
'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
Table of Contents:
1. Comparative reflections on the concepts of law and custom; 2. Law and legal culture under the Chos&&&466;n Dynasty; 3. Custom and legal reception: the Japanese precedent; 4. Legal reforms in protectorate Korea, 1905-10; 5. Colonial law and the legal system, 1910-45; 6. Colonial jurisprudence and the construction of Korean customary law; 7. The 'Japanese deviation': comparison of colonial customary law policies; 8. Customary law in modern Korea; 9. Conclusion: Korean law and custom in comparative perspective.
