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법원에 관한 동아시아적 이해 : Ancient and New Sources of Law: An East Asian Perspective
DC Field | Value | Language |
---|---|---|
dc.contributor.author | 최종고 | - |
dc.date.accessioned | 2009-06-23T06:14:56Z | - |
dc.date.available | 2009-06-23T06:14:56Z | - |
dc.date.issued | 1995 | - |
dc.identifier.citation | 법학, Vol.36 No.2, pp. 235-251 | - |
dc.identifier.issn | 1598-222X | - |
dc.identifier.uri | https://hdl.handle.net/10371/4894 | - |
dc.description.abstract | It is symbolic irony that here in Bologna, the "birthplace" of world jurisprudence, a discussion
on the ancient and new sources of law would include a legal scholar from the "Far East". As we all know, Roman law as practiced in Bologna was founded on the dictates of usus modernus pandectarum (modern use of the pandect). The use of this legal treatise was in force for over three centuries in Europe, with its influence stretching as far as China, Korea, and Japan up to the 20th century. This phenomenon known as "reception", that is the integration of the Roman civil legal system by East Asian spheres of influence, is by no means a wonder to our legal professionals. The law, like water that flows from high to low or the evangelism that "must be witnessed from Samaria to the end of the world", displayed the dynamic movement of a developed system of law as it was spread and accepted in disparate places around the world. As a result of this legal Diaspora, the term "sources of law" takes on a more ambiguous meaning in this age of globalization. It is a term that presents a significant challenge to those of us examining the world map of legal history. In this discussion, I would like to use the concept of "sources of law" in a more flexible sense, thus avoiding the potential pitfalls of a rigid, technical interpretation. As law is primarily a device for regulating and ordering relations in society, any system of law should be able to answer clearly the question of what the law means or where the interpretation of the law can be found. Thus, the issue of a "source" is fundamental to any system of law, be it municipal or international. | - |
dc.language.iso | en | - |
dc.publisher | 서울대학교 법학연구소 | - |
dc.subject | source of law | - |
dc.subject | 서구의 법원론 | - |
dc.subject | 유교국가의 법규범 | - |
dc.subject | 동아시아의 법과 국가 | - |
dc.title | 법원에 관한 동아시아적 이해 | - |
dc.title.alternative | Ancient and New Sources of Law: An East Asian Perspective | - |
dc.type | SNU Journal | - |
dc.contributor.AlternativeAuthor | Choe, Jong Go | - |
dc.citation.journaltitle | 법학 | - |
dc.citation.endpage | 251 | - |
dc.citation.number | 2 | - |
dc.citation.pages | 235-251 | - |
dc.citation.startpage | 235 | - |
dc.citation.volume | 36 | - |
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