Law and Custom in Korea

Law and Custom in Korea PDF

Author: Marie Seong-Hak Kim

Publisher: Cambridge University Press

Published: 2012-08-27

Total Pages: 365

ISBN-13: 110700697X

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Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.

Law and Custom in Korea

Law and Custom in Korea PDF

Author: Marie Seong-Hak Kim

Publisher:

Published: 2014-05-14

Total Pages: 366

ISBN-13: 9781139525800

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"This book sets forth the evolution of Korea's law and legal system from the Choson 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 themselves 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 brisk forces of Westernization points to new interpretations of colonial history, and it presents an intriguing case for investigating the spread of law on the global level. In-depth discussions of French customary law and Japanese legal history in this book provide a solid conceptual framework suitable for comparing European and East Asian legal traditions"--

The Spirit of Korean Law

The Spirit of Korean Law PDF

Author: Marie Kim

Publisher: BRILL

Published: 2015-12-23

Total Pages: 282

ISBN-13: 9004306013

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The first book on Korean legal history in English written by a group of leading scholars, The Spirit of Korean Law examines the developments of Korean law from the Chosŏn to colonial and modern periods from the perspective of comparative legal traditions.

Rules of the House

Rules of the House PDF

Author: Sungyun Lim

Publisher: Univ of California Press

Published: 2018-11-13

Total Pages: 188

ISBN-13: 0520972503

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A free ebook version of this title is available through Luminos, University of California Press’s Open Access publishing program for monographs. Visit www.luminosoa.org to learn more. Rules of the House offers a dynamic revisionist account of the Japanese colonial rule of Korea (1910–1945) by examining the roles of women in the civil courts. Challenging the dominant view that women were victimized by the Japanese family laws and its patriarchal biases, Sungyun Lim argues that Korean women had to struggle equally against Korean patriarchal interests. Moreover, women were not passive victims; instead, they proactively struggled to expand their rights by participating in the Japanese colonial legal system. In turn, the Japanese doctrine of promoting progressive legal rights would prove advantageous to them. Following female plaintiffs and their civil disputes from the precolonial Choson dynasty through colonial times and into postcolonial reforms, this book presents a new and groundbreaking story about Korean women’s legal struggles, revealing their surprising collaborative relationship with the colonial state.

North Korea, International Law and the Dual Crises

North Korea, International Law and the Dual Crises PDF

Author: Morse Tan

Publisher: Routledge

Published: 2015-04-24

Total Pages: 315

ISBN-13: 1134122438

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The Democratic People's Republic of Korea (DPRK) has a reputation as one of the worst human rights situations in the world. This book utilizes a unique international law perspective to examine the actions and inactions of North Korea with regard to international security and human rights. Adopting political, military, historical and legal perspectives, the book explores how the two issues of nuclear weapons and the human rights abuses in North Korea are interconnected, and why the international community should apply the same international law framework to find a solution for both. Drawing on eyewitness accounts, such as refugee and defector testimony, Morse Tan offers a real-life story of North Korea that covers the pertinent law, and constructive approaches of its regime. Tan examines the specific objectives and actions of the North Korean government, and measures these according to international legal obligations such as applicable treaty law, jus cogens norms, and customary international law. The book concludes by offering solutions for dealing with international security surrounding the Korean Peninsula, and forwards a proposal for the creation of a tribunal to prosecute those at the top of the regime for international crimes and human rights abuses. As a project exploring the extremes of international law violation, this book will be of great interest and use to readers interested in the history, and political and legal implications of the strategies employed by the North Korea government.

Record of the Seasonal Customs of Korea

Record of the Seasonal Customs of Korea PDF

Author:

Publisher: University of Hawaii Press

Published: 2021-12-31

Total Pages: 209

ISBN-13: 0824891597

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Record of the Seasonal Customs of Korea (Tongguk sesigi) is one of the most important primary sources for anyone interested in traditional Korean cultural and social practices. The manuscript was completed in 1849 by Toae Hong Sŏk-mo, a wealthy poet and scholar from an influential family. Toae, with his keen interest in the habits and customs of both courtiers and commoners, compiled in almanac form (he divided his book into chronological sections by lunar and intercalary months) a comprehensive record of seasonal palace events, rituals, entertainment, and food and drink consumed on high days and holidays, as well as information on farm work and traditions. Nineteenth-century Korean intellectuals possessed a deep understanding of Chinese history and culture together with a growing awareness of the distinctiveness of Korea’s past and traditions. Toae’s work reflects this in the many comparisons he makes between the habits and customs of the two countries, quoting literary and philosophical sources to note similarities and contrasts. Knowledge of the seasonal traditions he describes was largely forgotten over the generations as Korea rapidly modernized, but in recent years much effort has been made to recover this wisdom: Tongguk sesigi is now widely read and referenced as a popular source for details on traditional food, customs, and entertainment. While an ever-increasing number of books introducing Korean culture written by non-Koreans or Koreans researching their roots is now available, Record of the Seasonal Customs of Korea contains information “from the source” that also reveals the mindset and penchants of a premodern Korean intellectual. Readers will thus be confronted with many concepts, names, and ideas not readily understandable so extensive notes are provided in this translation. Those studying other Asian cultures with some Chinese influence will also find valuable insights here for cross-cultural comparison and research.

Customary International Humanitarian Law

Customary International Humanitarian Law PDF

Author: Jean-Marie Henckaerts

Publisher: Cambridge University Press

Published: 2005-03-03

Total Pages: 610

ISBN-13: 0521808995

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Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Custom, Law, and Monarchy

Custom, Law, and Monarchy PDF

Author: Marie Seong-Hak Kim

Publisher: Oxford University Press

Published: 2021

Total Pages: 302

ISBN-13: 0192845497

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Custom, Law, and Monarchy explores how law evolved in early modern France, from an amalgam of customs, Roman and canon law, royal edicts, and judicial decisions, to the unified Civil Code of 1804. In exploring the history of this codification of law, Marie Seong-Hak Kim lays out a new way of understanding French history.

Law and Political Authority in South Korea

Law and Political Authority in South Korea PDF

Author: Tae-gyu Yun

Publisher: Routledge

Published: 1990

Total Pages: 272

ISBN-13:

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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.