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법서의 출판과 보급으로 본 조선사회의 법적 성격 : An Essay on the Legal Aspects of Chosun Society by Publications and Spread of Legal Books
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- Authors
- Issue Date
- 2007
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.48 No.4, pp. 88-123
- Keywords
- 법서의 출판 ; 법문화 ; 법전편찬 ; 인쇄기술 ; 법서의 보급 ; 고사촬요 ; publication of Legal books ; spread of Legal books ; Legal culture ; art of printing ; Gosachwalyo
- Abstract
- In this article, I analyze legal aspects of traditional Korean Society by
publications and spread of legal books. In Chosun Dynasty (1392∼1910), Codes
and legal books were published and spreaded continuously from Taemyunglyulchikhae
[大明律直解] (1395) to the Penal Code of the Imperial Korea [刑法大全] (1905).
These facts were possible owing to social atmosphere. So Chosun Society is
estimated as the society of rule of law.
In the former Chosun Dynasty, features of publications and spread of legal
books are as follows: compilations of fundamental codes as like Kyungkuktaechun
[經國大典], importations and uses of Chinese legal books as like Taemyunglyul
and Muwonrok [無寃錄], publishings of private legal books as like Sasongyuchwi
[詞訟類聚]. In the latter Chosun Dynasty, they are as follows: compilations of
total codes in which the former codes and regulations were collected as like
Soktaechun [續大典], compilations of legal cases and precedents as like Chukwanchi
[秋官志], in King Kochong [高宗], diverse compilations of laws and cases as like
Taechunhoetong [大典會通] and Yukchunchorye [六典條例] to restore the governmental
systems.
To know spread of legal books, I survey Gosachwalyo [故事撮要] and the
book-lists of Kyuchangkag [奎章閣]. As the results, totally it was very low, but
the importance of legal books was higher in the former Chosun Dynasty than
the latter relatively. In the latter, Kings were emphasized in codifications, and
Yuneum [綸音] which was Kings decrees was promulgated in a large. Especially,
the King Yung-Chungcho [英正祖]s those were over half in the total period.
* Associate Professor, College of Law, Seoul National University
- ISSN
- 1598-222X
- Language
- Korean
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