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Traditional Legal Thoughts in Korea
Journal of Korean Law, Vol.2, No.3, 2003 Traditional Legal Thoughts in Korea Chongko Choi * Abstract In spite of the scarcity of research related to traditional Korean law, this article attempts to offer a general overview of traditional Korean legal concepts for Western readers. It surveys the legal history of Korea, from ancient times to the reception of Western law in the 19th Century. Due to Korea’s geographic location--between China and Japan--Korean law holds many similarities to that of “East Asian Common Law.” However, Korea has continuously endeavoured to indigenize imported foreign laws. The Tangun mythology offers the archetype of the Korean concept of law and justice. On the subject of medieval legal concepts influenced by Buddhism, Wonhyo, Choe Chiwon and Chong Mongju are mainly analysed. In regard to early modern legal concepts, the Neo-Confucianists Chong Tojon, Yi Hwang (Toegye) are discussed. When discussing the legal concepts of the late modern period, the Sirhak School, namely Yi I (Yulgok), Yi Ik (Songho), Chong Yakyong (Tasan) are analysed. Kang Hang, Yi Chinyoung and Yi Maegye are included due to their contribution towards “East Asian Common Law”. Each period had dominant morals and values that were enforced by the law. Whilst analysing the dominant legal values during the different periods, the article tries to offer a philosophical foundation of traditional Korean law and East Asian jurisprudence. * Professor of Law, College of Law, Seoul National University; 1970 BA; 1972 LLM at Seoul National University; 1979 Dr. Jur. at Freiburg University; 1987-88 Visiting Scholar at Berkeley and Harvard Law Schools; 1996 Visiting Professor at Freiburg University; 1997 Visiting Professor at University of Hawaii; 2002 Distinguished Adjunct Professor at Santa Clara University Law School; Author of 20 books on Legal History, Jurisprudence, especially on the History of East Asian Legal Thoughts. -
About the Tradition of Writing the “Fu on the Terrace for Viewing Fish” in the Early Joseon Period
Special Feature About the Tradition of Writing the “Fu on the Terrace for Viewing Fish” in the Early Joseon Period Wook-Jin JEONG The Review of Korean Studies Volume 22 Number 2 (December 2019): 33-64 ©2019 by the Academy of Korean Studies. All rights reserved. 34 The Review of Korean Studies About the Tradition of Writing the “Fu on the Terrace for Viewing Fish” in the Early Joseon Period 35 Introduction regarded it as verse because it contains rhymed lines based on certain prosodic rules. However, it often includes prose lines. The fu was first created during In this paper,1 I examine how Joseon literati understood wen 文. In Korea, the late Warring States period, and it developed into a mature form, or dafu from the fifteenth century onward, the elite class was divided into two groups, (grand fu 大賦), during the Former Han period (202 BCE-8 ADE), when Sima according to their attitudes toward wen—the Hungu 勳舊 faction focused on Xiangru 司馬相如 (179-117 BCE) and Yang Xiong 揚雄 (53 BCE-18 ADE) the craft of literature, whereas the Sarim 士林 faction focused on incorporating wrote their fu works. After the Han period, the fu developed into different Confucian ideas into their literary works. By the end of the sixteenth century, forms. During the Tang dynasty the lüfu (regulated fu 律賦), a form of rhyme- the Sarim faction had come to dominate the entire court, while the Hungu prose became popular since it was required in the jinshi examinations. In faction had been absorbed into the Sarim. -
Joseon Literati's Righteous Principles
STUDIA ORIENTALNE 2021, nr 2 (20) ISSN 2299-1999 https://doi.org/10.15804/so2021209 Haesung Lee1 Joseon Literati’s Righteous Principles (Yiriron) as a Moral Practice in the Political Realities – Its Meaning and Limitation in a Historical Context Introduction:Dohak – the Joseon Neo-Confucianism Neo-Confucianism flourished as a central ideology and absolute social order during the Joseon dynasty (朝鮮 1392–1910). “Neo-Confucianism” is a gen- eral term commonly applied to the revival of the various strands of Confucian philosophy during the Chinese Sòng dynasty (宋 960–1280 C.E.), re-exam- ined and reconstructed by Zhu Xi (朱熹, 1130–1200 AD.) It provided Koreans with philosophical speculation, moral and social norms, and a most strongly functional lifestyle. However, the terms of Joseon Neo-Confucianism con- note some specific characteristics, compared to classic Confucianism and the Chinese version of “Neo-Confucianism”2. The term of Dohak (道學 Chin. Dàoxué) – Dao (Way) Learning – already existed in classical Confucian context. However, in Korea, it is generally called Dohak (道學), which concerns Neo-Confucianism of the Joseon dynasty in a holistic scale. Thus, a proper understanding of the term Dohak is essential to comprehend the essence and particular characteristics of Korean Neo-Con- fucianism. Among the similar terms which refer to Neo-Confucianism, such as Jujahak (朱子學 Chin. Zhūzǐxué: Zhu Xi’s Science) and Jeongjuhak (程朱學 1 University of Wrocław, Poland, ORCID ID: https://orcid.org/0000-0002-5185-3586, e-mail: [email protected]. 2 The Korean Neo-Confucianism 1) was condensed rather into an anthropological, centripetal, and inward way such as the “Four-Seven” theory and Human Nature; 2) pursued to seek religious an ethical legitimacy under the name of Confucian teaching, even beyond logical rationality; 3) put much more emphasis on Righteousness and Fidelity in a macroscale; 4) clarified the Righteousness as a theoretic speculation on moral propriety. -
Soh-Joseon-Kingdom.Pdf
Asia-Pacific Economic and Business History Conference, Berkeley, 2011 (Feb. 18-20): Preliminary Draft Institutional Differences and the Great Divergence:* Comparison of Joseon Kingdom with the Great Britain Soh, ByungHee Professor of Economics Kookmin University, Seoul, Korea e-mail: [email protected] Abstract If modern Koreans in the 20th century could achieve a remarkable economic growth through industrialization, why couldn’t their ancestors in Joseon Kingdom in early modern period achieve an industrial revolution at that time? This is the fundamental question of this paper. There existed several social and institutional constraints in Joseon Kingdom (1392-1897 A.D.) in the 17th through 19th centuries that made her industrial development impossible. The strictly defined social classes and the ideology of the ruling class deprived Joseon Kingdom of the entrepreneurial spirit and the incentives to invent new technology necessary for industrial development. Markets and foreign trades were limited and money was not used in transaction until late 17th century. Technicians and engineers were held in low social esteem and there was no patent to protect an inventor’s right. The education of Confucian ethical codes was intended to inculcate loyalty to the ruling class Yangban and the King. The only way to get out of the hard commoner’s life was to pass the national civil service examination to become a scholar-bureaucrat. Joseon Kingdom was a tributary country to Qing Dynasty and as such it had to be careful about technological and industrial development not to arouse suspicion from Qing. Joseon was not an incentivized society while the Great Britain was an incentivized society that was conducive to Industrial Revolution. -
Open Torrey.Dissertation.Pdf
The Pennsylvania State University The Graduate School Department of Comparative Literature SET APART BY MIND AND SOUL: SUBJECTIVITY IN THE WRITINGS OF EARLY KOREAN CATHOLICS A Dissertation in Comparative Literature by Deberniere J. Torrey 2010 Deberniere J. Torrey Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy August 2010 The dissertation of Deberniere J. Torrey was reviewed and approved* by the following: Thomas O. Beebee Distinguished Professor of Comparative Literature and German Dissertation Advisor Chair of Committee Ronnie Hsia Edwin Earle Sparks Professor of History Alexander C.Y. Huang Assistant Professor of Comparative Literature, Chinese, and Asian Studies Richard Nichols Professor Emeritus of Theater Arts Donald Baker Director, Centre for Korean Research Associate Professor, Department of Asian Studies, University of British Columbia Special Member Cho Sung-Won Professor of English Language and Literature, Seoul Women’s University Special Signatory Caroline D. Eckhardt Head, Department of Comparative Literature Director, School of Languages and Literatures *Signatures are on file in the Graduate School. iii ABSTRACT In Korean intellectual historiography, engagement with Western Catholic thought is cited as one of several influences contributing to the epistemic change that marked the eighteenth and nineteenth centuries. However, studies of this influence have thus far been limited to intellectual and social historiography. This project helps to complete the general picture and to -
Comparison Between Confucian Democracy of Dasan Jeong Yak-Yong and Modern Democracy of Jean-Jacques Rousseau
Korea Journal, vol. 57, no. 1 (spring 2017): 153–174. © Korean National Commission for UNESCO, 2017 Comparison between Confucian Democracy of Dasan Jeong Yak-yong and Modern Democracy of Jean-Jacques Rousseau YI Jongwoo Abstract One salient feature of modern democracy is that people elect their head of state, either directly or indirectly. This popular democracy is the result of revolutions in England, the USA, and France. However, this feature is also present in Confucian democracy as assert- ed by the Korean thinker Dasan Jeong Yak-yong. As such, this article presents a compara- tive analysis of Jean-Jacques Rousseau, a founding framer of modern democracy, and Dasan, a Korean Confucian and democratic thinker. Rousseau argued that the people had the right to elect their sovereign directly and dismiss him if he harmed peace and equality in the city-state (in this case, Geneva). However, Dasan claimed that lords cho- sen by the people had the right to elect the ruler and remove or even execute a tyrant if it were justified. Although Dasan and Rousseau did not influence each other, they made the common argument that the people had a right to elect and remove their chief. Rousseau stated that the people could elect their ruler directly, but that they should remove that ruler in a peaceful way through an assembly. Dasan suggested that the people elect their ruler indirectly and remove a tyrant through justified revolution. Their respective concep- tions of democracy both presuppose that the ruler should act on behalf of the people. Thus, this article analyzes the claims of these two thinkers when a ruler causes misery to the people. -
GET SOME FRESH AIR! Rejuvenate at Gakwonsa Temple Explore Geumosan Reservoir
VOLUME 9 NO. 22 MARCH 4 – MARCH 17, 2021 FREE SUBMIT STORIES TO: [email protected] STRIPESKOREA.COM FACEBOOK.COM/STRIPESPACIFIC INSIDE INFO Military children tell us your story! ey, all you kids in the military community need to read this. Seriously! So, H please put down your iPad, iPhone or other digital device for the next cou- ple of minutes. You’ll survive, and I promise no one will take them. And, I also promise that this has nothing to do with more COVID-19 restrictions. Now that I have your attention, I want to give you a little job. No, wait! Don’t stop reading! If you do a little bit of work, you’ll have the opportunity to be heard by tens of thousands of people. Seriously! You see, April is the Month of the Military Child, and for the 20th straight year, the Stars and Stripes community publications are dedicating it to you, the children of our men and women in uniform. Each Stripes Okinawa, Stripes Japan, Stripes Korea and Stripes Guam issue in April will contain your stories, poems, drawings and photos about what life is like as a military child. SEE MOMC ON PAGE 2 GET SOME FRESH AIR! Rejuvenate at Gakwonsa Temple Explore Geumosan Reservoir TASTY KOREAN GIFTS PAGES 8-9 PAGES 10-11 ROLLING STONES- INSPIRED EATERY Zig zag path SATISFIES APPETITE PAGE 12 Floating bridge 2 STRIPES KOREA A STARS AND STRIPES COMMUNITY PUBLICATION 75 YEARS IN THE PACIFIC MARCH 4 – MARCH 17, 2021 MOMC: Max D. Lederer Jr. Publisher We’re here for you! Lt. -
Korean Conceptual History and Modern Paradigm 韓國的概念史
東亞觀念史集刊 第二期 2012 年 6 月 頁429-448 Korean Conceptual History and Modern Paradigm 韓國的概念史研究和近代範例 * Lee Kyung-ku 李 坰 丘 1. Introduction Conceptual history, first proposed by the German historian Reinhart Koselleck, began with the critical self-examination of the modern history of Germany, taking Western Europe as its model. Koselleck’s main work focused on exploring and interpreting the mobile meanings of the very concepts that had changed the European traditional worldview and its 1 symbolic system. Naturally, there is some doubt about applying this method of research to the non-Western world, given its European, or more specifically, 2 German origin. Conceptual history, however, enables us to reveal the * HK professor of Hallym Academy of Sciences at Hallym University. 1 Inho Na, What is Conceptual History? (Seoul: Yeoksabipyeong-sa, 2011), 20-31. 2 Ilmo Yang, “Exploration and Issues of Korean Conceptual History,” Concept and Communication 8 (2011): 11-12. 430 東亞觀念史集刊 process of choice and re-creation which the so-called marginal regions— the frontier areas of Europe, East Asia, South America, and others— undertook while they were accepting concepts which had originated in the central regions—the advanced West—and also gives us a chance to shed light on the multi-layered process of independent modernization in the th “marginal.” Conceptual history in the 21 century is now expanding its scope from the history of one particular state to polycentric, comparative history, and this change is very reasonable in that it reflects the natural development of conceptual history, the purpose of which is to emphasize the concrete utterance of concepts in a socio-historical context. -
New Old Foundations for Confucian Ethical Philosophy
New Old Foundations for Confucian Ethical Philosophy: Itō Jinsai 伊藤 仁斎 (1627 –1705), Dai Zhen (戴震) (1722-1776), and Jeong Yakyong (丁若鏞 ) (1762–1836) Philip J. Ivanhoe City University of Hong Kong (30 March 2013) I. Introduction1 One of the most prominent features of neo-Confucian philosophy during the Song-Ming Period is its complex metaphysical foundation. While there is variation among the different “schools” of neo-Confucianism, to a large extent they share a metaphysical view of the world in which “principles” (li 理) combine with an inherently lively but material element called qi 氣 to produce and sustain the actual world in which we live. In regard to ethics, the interplay between li and qi gives shape and direction to neo-Confucian accounts of the nature of morality, explanations of virtue and human character, and theories concerning how to cultivate the self; indeed, such theories about li and qi play a crucial role in conceptions of what a self is. In the 18th century a trio of thinkers2 in Japan, China, and Korea quite independently offered trenchant criticisms of this general account, especially in the form it took within the orthodox Cheng-Zhu 1 This work was supported by a grant from The Academy of Korean Studies funded by the Korean Government (MEST) (AKS-2011-AAA-2102). Thanks to Erin M. Cline, Youngmin Kim, Sungmoon Kim, Michael R. Slater, Justin Tiwald, and Youngsun Back for providing me with copies of and access to the works of Jeong Yakyong and extremely helpful discussions, comments, and suggestions on different drafts of this essay. -
The Frederick Mccormick Korean Collection This Inventory Is Created Based on the Following Two Sources
The Frederick McCormick Korean Collection This inventory is created based on the following two sources. The numeric numbers follow the list numbers in Judith Boltz’ 1986 inventory. 1. 1986 inventory of the McCormick collection, by Judith Boltz. 2. Frederick McCormick Collection in the Special Collections in the Claremont Colleges Library, the Overseas Korean Cultural Heritage Foundation, 2015. I. CHINESE CLASSICS, EDITIONS AND STUDIES A: THE BOOK OF HISTORY 1. (NLK Catalog #: 1) 서전대전 | Sŏjŏn taejŏn | 書傳大全 Complete Commentaries on the Book of History 1820, 10 vols., Woodblock Part of Complete Collection of the Five Classics (五經大全) complied by Hu Guang at the order of Emperor Yongle (永樂, r. 1402-1424) of China’s Ming Dynasty. This is a collection of scholastic discourses based on Collected Commentaries on the Book of History compiled by Cai Shen. (蔡沈, 1167-1230) 2. (NLK Catalog #: 2) 서전언해 | Sŏjŏn ŏnhae | 書傳諺解 Commentary on the Book of History 1820, 5 vols., Woodblock A vernacular translation of the Book of History (書經) that provides pronunciations and syntax in Korean throughout the original Chinese text. This is part of Vernacular Translations of Four Books and Three Classics (書經諺解) published by the order of King Seonjo (宣祖) of Joseon. B. THE BOOK OF ODES 3. (NLK Catalog #: 3) 시전대전 | Sijŏn taejŏn | 詩傳大全 Complete Commentaries on the Book of odes 1820, 10 vols., Woodblock Part of Complete Collection of the Five Classics (五經大全) that complies commentaries based on Collected Commentaries on the Book of Odes (詩集傳) published by Zhu Xi (朱熹, 1130-1200) of China’s Song Dynasty. 4. (NLK Catalog #: 4) 시경언해 | Sigyŏng ŏnhae | 詩經諺解 Commentary on the Book of Odes 1820, 7 vols., Woodblock A vernacular translation of the Book of Odes (詩經) that provides pronunciation and syntax in Korean throughout the original Chinese text. -
The Hwadam Jip and Seo Gyeongdeok’ S Place in the Intellectual History of Joseon Isabelle Sancho
What Master Hwadam Loved to Learn: The Hwadam jip and Seo Gyeongdeok’ s Place in the Intellectual History of Joseon Isabelle Sancho To cite this version: Isabelle Sancho. What Master Hwadam Loved to Learn: The Hwadam jip and Seo Gyeongdeok’ s Place in the Intellectual History of Joseon. THE REVIEW OF KOREAN STUDIES, 2020, 23, pp.55 - 88. 10.25024/review.2020.23.1.55. hal-02903511 HAL Id: hal-02903511 https://hal.archives-ouvertes.fr/hal-02903511 Submitted on 21 Jul 2020 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. Distributed under a Creative Commons Attribution - NonCommercial - NoDerivatives| 4.0 International License Special Feature What Master Hwadam Loved to Learn: The Hwadam jip and Seo Gyeongdeok’s Place in the Intellectual History of Joseon Isabelle SANCHO The Review of Korean Studies Volume 23 Number 1 (June 2020): 55-88 doi: 10.25024/review.2020.23.1.55 ©2020 by the Academy of Korean Studies. All rights reserved. 56 The Review of Korean Studies Introduction Seo Gyeongdeok 徐敬德 (1489-1546), better known as Hwadam 花潭 or Master Hwadam, is seen today as a respected scholar of the Joseon period. -
Korean Studies of Confucian Classics 1
Chapter 8 Korean Studies of Confucian Classics 1. Introduction This report is an analysis of the research outcomes related to the Study of Confucian classics among the academic papers published in Korea in 2019. The selection criteria for the papers to be analyzed were: 1) papers on the study of Confucian classics that examine the annotations on the 13 classics(Shisanjing 十三經) written by Korean, Chinese, and Japanese scholars and 2) papers registered and selected for publication in the National Research Foundation of Korea(NRF) in 2019. The literature search yielded a total of 51 papers, listed below: 1. Kang Kyung‒Hyun, The Purpose and Significance of Noneosangseol Compilation: Recomposition of Zhuxi's Letters for Understanding Analects, Tae‒Dong Yearly Review of Classics 42, The Taedong Center for Eastern Classics, Hallym University 2. Kang Kyung‒Hyun, Encyclopedic Works in the Joseon Period and its understanding of Confucian Classics: Focused on Oju‒yeonmun‒ jangjeon‒sango, Korean Cultural Studies 83, Research Institute of Korean Studies, Korea University 3. Kang Bo‒Seung, A Study on the Revision of Daehak Janggu by Hoejae Lee Eon‒Jeok and Arguments on that Revision by Joseon Scholars of 16 and 17th Century, The Study of Confucian Philosophy and Culture 75, The Korean Society of Confucianism 4. Gil Tae‒Eun, A Study Characteristics of Jungyonggieui of Gan‒Jae: Based on Chapter 1 analysis, Journal of Eastern Philosophy 97, T he Society of Eastern Philosophy 5. Kim Kyeong‒Soo, The Past examination of Nammyeong, Nammyeong and The book of Change, Youngsan Journal of East Asian Cultural Studies 30, Institute of East Asian Culture, Youngsan University 224 / Part Ⅱ.