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법학과 사회과학-학제 연구방법론의 모색 : 제2부 ; 제5주제 : 독일헌법상 정당조항과 그 한국적 이식 -비교법사회학적 접근- : The Party Clause of the German Constitution and its Transplantation to Korea -A Comparative Socio-Legal Approach-
DC Field | Value | Language |
---|---|---|
dc.contributor.author | 송석윤 | - |
dc.date.accessioned | 2009-09-08T06:30:19Z | - |
dc.date.available | 2009-09-08T06:30:19Z | - |
dc.date.issued | 2000 | - |
dc.identifier.citation | 법학, Vol.41 No.3, pp. 115-146 | - |
dc.identifier.issn | 1598-222X | - |
dc.identifier.uri | http://lawi.snu.ac.kr/ | - |
dc.identifier.uri | https://hdl.handle.net/10371/8965 | - |
dc.description.abstract | The constitutions began to mention the phenomenon of political parties in
the middle of the 20th century. Article 7 of the Korean Constitution of 1962 which regulated political parties had its root in Article 21 (party clause) of the German Constitution of 1949. This will exemplify what role the transplantation of the western constitutions to the developing countries played for the political modernization. In order to analyze the function of this transplantation, it will not be sufficient to compare the similarities and differences between the two articles. A methodological consideration of comparative law research as to the legal transplantation seems to be necessary. At first it is important to recognize that the law is not independent from the social development and that not only the 'law in books' but also the 'law in action' should become the object of the comparison. In the epoch of codification the legal transplantation doesn't take place gradually and simultaneously with the process of assimilation. The transplantation is only the beginning of assimilation, which could also end in a negative one. This peril is greater, when a norm is transplanted as a means to a social and political modernization. As to the situation of the political parties in West Germany of 1949, democratic mass parties had been quickly reconstructed and began to change themselves into non-sectorial parties (Volksparteien). In 1950's South Korea lacked in such democratic mass parties: the ruling party was a state... | - |
dc.language.iso | ko | - |
dc.publisher | 서울대학교 법학연구소 | - |
dc.subject | 독일의 정당국가론 | - |
dc.subject | 독일헌법 제21조 | - |
dc.subject | 제3공화국 헌법 | - |
dc.subject | 비교법사회학 | - |
dc.title | 법학과 사회과학-학제 연구방법론의 모색 : 제2부 ; 제5주제 : 독일헌법상 정당조항과 그 한국적 이식 -비교법사회학적 접근- | - |
dc.title.alternative | The Party Clause of the German Constitution and its Transplantation to Korea -A Comparative Socio-Legal Approach- | - |
dc.type | SNU Journal | - |
dc.contributor.AlternativeAuthor | Song, Seog Yun | - |
dc.citation.journaltitle | 법학 | - |
dc.citation.endpage | 146 | - |
dc.citation.number | 3 | - |
dc.citation.pages | 115-146 | - |
dc.citation.startpage | 115 | - |
dc.citation.volume | 41 | - |
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