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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. -
Beyond Yi Sun-Shin and the Ming 45 the Weak Korean Army
44 Lee Beyond Yi Sun-Shin and the Ming 45 the weak Korean Army. 2 Another major perspective, which is often found in Korean historical records, is that the Ming army played a major role in defeating the Japanese, because the Ming had more advanced weapons, especially large firearms. The best example can be found from the record of the Korean King Sonjo, who rnled Korea during the entire war period. After the war, while discussing the distribution of awards of the Korean generals, the king said, "This war was mostly led by the Ming mmy. Our troops KYEONG-BOK LEE were just following after the Ming army, and we won the battle by a fluke. In our own strength, we could not solely kill or capture one single Japanese soldier and their base." 3 Internationally, American On April 13th, 1592, about 20,000 Japanese soldiers came historian, Kenneth M. Swope, also overemphasizes the ashore at the southeastern region of Korea, hoping to conquer the contribution of the Ming army in his book, A Dragon 's head and a new land for the Japanese warlord Toyotomi Hideyoshi. This was Serpent's Tail, although it provides fairly accurate descriptions of the beginning of the brutal warfare betvveen the Joseon Dynasty in the Korean army in the early war period. In the book, the author Korea and Hideyoshi Japan, which was later named as the "Imjin says "the Koreans thanked the Ming profusely by defeating the War" in Korea. Later, Ming China also joined in the skirmish by Japanese, and in acknowledgement of their services, living shrines sending troops to support Korea. -
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. -
Engaging Differences in Chosŏn Korea: a Post-Ming Context *
International Journal of Korean History (Vol.25 No.1, Feb. 2020) 157 Engaging Differences in Chosŏn Korea: A Post-Ming Context * Jeong-il Lee* The Use of Confucianism in a Time of Crisis For more than half a century, modern Korean scholarship has sought to counter the colonialist narrative of Japanese historiography by tying cer- tain changes in pre-modern Korea to an orientation towards ‘the modern.’ The Chosŏn dynasty (1392-1910) was regarded as the endpoint of pre- modern Korea and the beginning of modern Korea.1 In intellectual histo- ry, this supposition has reinforced such themes as the discovery of proto- national identity, new streams of thought against or beyond Confucianism, and the growth of popular culture. This paradigm, however, places a pre- mium on certain intellectuals whom Korean historians expect to better represent a self-motivated consciousness towards modern Korea. Some scholars underscore the intellectual strands of marginalized elite groups in * Research Fellow, Northeast Asian History Foundation. 1 More specifically, the Internal Development Theory (naejaejŏk palchŏnnon 內在的 發展論) characterizes late Chosŏn as the Dissolution Period (haech’egi 解體期) or the Transition Period (chŏnhwan’gi 轉換期) to enhance the empirical and theoreti- cal sophistication of the development discourse and accommodate the space of par- ticularity in Korean history. See Han’guk chungsesahoe haech’egi ŭi chemunje (I) (II), ed. Kŭndaesa yŏn’guhoe (Seoul: Hanul, 1987); Han’guksa chŏnhwan’gi ŭi munjedŭl, ed. Han’guksa yŏn’guhoe (Seoul: Chisiksanŏpsa, -
Confucianism in Korea Confucianism Comes to Korea
Confucianism in Korea Confucianism Comes to Korea Confucianism entered Korea around the same time as Buddhism (4th century). Korea was divided into three kingdoms (see map). Koguryo King Sosurim created a Confucian university in 372 C.E. Neo-Confucianism Flourishes During Joseon (Choson) Dynasty (1392 – 1910 C.E.) Among all the dynasties, Chinese and foreign, the long- lived Joseon was undoubtedly the most thoroughly Confucianized. The Confucian aristocrats (Yangban) ruled the court politics with an elite culture of Neo- Confucianism. (Encyclopedia Britannica) Gyeongbok Palace Constructed in 1394 in the Joseon Dynasty (Seoul, South Korea. Home of the king or “Ruler” who, according to Confucius, had an obligation to take care of his subjects. If he was a virtuous ruler, his subjects would be loyal and obedient. The Mandate of Heaven in Korea Truly the Chinese Emperor had the Mandate of Heaven and Korea’s king would be a tributary state. Confucian Hierarchy – Positions of importance lined up for the King Changdeok Palace Built in 1405 during the Joseon Dynasty in Seoul, South Korea. Mandate of Heaven Ruler and Subject Yangdong Confucian Village The village is home to many historical figures including Eon-jeok Lee (1491- 1553), a noted Confucian scholar of the Joseon Dynasty. It is home to descendents of the Yangban (Scholarly officials – an aristocratic title) Meeting with the lineage heir Part of the Five College Center for East Asian Studies Study Tour to South Korea 2009. Professor Mark Peterson of Brigham Young University translated for the lineage heir and lectured. Dosan Seowon Confucian Academy Built in 1561 by Yi Hwang, one of the great Korean Neo Confucian scholars. -
Codruta Sintionean Commoner Women's Lives in 19Th and Early 20Th Century Korea Download
Commoner Women’s Lives in 19th and early 20th Century Korea1 Codruța Sîntionean Babeș-Bolyai University Cluj-Napoca, Romania In the autumn of 2007, a coalition of feminist groups organized a boycott of the Bank of Korea proposal to print the portrait of painter Sin Saimdang (1504-1551) on the new fifty thousand wŏn bill. While feminist organizations lauded the initiative to represent a woman on Korean currency for the first time, they criticized the choice of Sin Saimdang, known as the mother of Confucian philosopher Yi I (pen name Yulgok, 1536-1584) and as the embodiment of the Confucian ideal of “womanly virtue” (pudŏk) and “wise mother, good wife” (hyŏnmo yangch’ŏ).2 The debate which followed the Bank of Korea announcement questioned how representative is Sin Saimdang for Korean women today and opposed the symbolic promotion of dated ideals of womanhood. Feminists particularly castigated the preservation and promotion of patriarchal ideals that Chosŏn dynasty (1392-1910) intellectuals cultivated and imposed on women, like narrowly prescribed social roles and moral imperatives. Any discussion of Sin Saimdang opens the ground for critical reflection about the social standing of Chosŏn women within family and society. It is paradoxical how little we know about one of the most famous women of the Chosŏn era, and we owe what we do know to her connection to philosopher Yulgok, her son. For instance, we do not know her given name: Sin was her father’s family name, and Saimdang––her pen name. She was mythicized by Yulgok’s followers for several centuries after hear death, to the point that the individual disappeared. -
The Neo-Confucianism of the Joseon Dynasty: Its Theoretical Foundation and Main Issues
DOI: 10.4312/as.2016.4.1.165-194 165 The Neo-Confucianism of the Joseon Dynasty: Its Theoretical Foundation and Main Issues HaeSung LEE*1 Abstract The theoretical foundation of Joseon Neo-Confucianism, which started with the theory of the Principle and Material Force (Seongriseol), seeks for the fundamental values of all things in the universe by means of the theories of Cosmology (Ujuron) and Mind and Nature (Simseongron). The theory of Self-Cultivation (Suyangron) pursues ideal char- acter training to reach the ultimate Noble Gentleman’s (Gunja) status; then established the theory of Fidelity (Yiriron), which stresses moral practice against injustice. These theories functioned organically with the theory of Ritual Formalities (Yeseol) and the theory of Statecraft Ideas (Gyeongseron), deeply rooted in Democentrism (Minbonjuyi), in order to realize Confucian ideas as methodological indicators. The theory of Four Beginnings and Seven Emotions (Sadanchiljeongron) extended to be the theories of the Principle’s Dominance (Juriron) and Material Force’s Dominance (Jugiron). Likewise, the theory of Sameness-Difference of Human Nature and Material Nature (Inmulseong Dongiron) became the Horak debates, which formed the Neo-Confucian academic ge- nealogies of the Joseon dynasty. Keywords: Neo-Confucianism, Joseon dynasty, Korean philosophy, theory of Principle and Material Force Izvleček Teoretske osnove novokonfucijanstva korejske dinastije Joseon, ki so zakoreninjene v te- oretskem modelu načela in materialne sile (Seongriseol), vidijo osnovne vrednote vsega bivajočega v teorijah (Ujuron) ter srčni zavesti in naravi (Simseongron). Teorija samo-kulti- vacije (Suyangron) opisuje kultivacijo posameznika, katerega značaj naj bi v tem postopku sčasoma dosegel stopnjo plemenitnika (Gunja). Utemeljena je tudi na teoriji zvestobe oziroma lojalnosti (Yiriron), ki poudarja moralno prakso in si prek nje prizadeva odprav- iti nepravičnost. -
A Glimpse of Confucian Scholar's Intimacy. the Correspondence Of
A glimpse of Confucian scholar’s intimacy. The correspondence of Yulgok Yi I (1536-1584). Isabelle Sancho To cite this version: Isabelle Sancho. A glimpse of Confucian scholar’s intimacy. The correspondence of Yulgok Yi I (1536-1584).. 3rd cycle. SOAS seminar series, SOAS, University of London, United Kingdom. 2010. hal-02905227 HAL Id: hal-02905227 https://hal.archives-ouvertes.fr/hal-02905227 Submitted on 23 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. Isabelle SANCHO CNRS-EHESS February, 5 2010 SOAS seminar series A glimpse of Confucian scholar’s intimacy. The correspondence of Yulgok Yi I (1536-1584). The topic I would like to address today is related to a both simple and ambitious question: “How Confucianism, regarded as a historical phenomenon and not solely as a philosophy, can be studied today? And what can be really said about it?” With the recent renewal of intellectual history, Confucianism can no more be encapsulated in fixed scholarly – and even Byzantine – debates, as well as in a few great figures that are supposed to embody them. With the new interest in anthropology and history for private life, socio-cultural aspects and multidisciplinary approaches, Confucianism should now also be studied through its representatives, that is to say the Confucian scholars-officials. -
Ki-Moon Lee, S. Robert Ramsey, a History of the Korean Language
This page intentionally left blank A History of the Korean Language A History of the Korean Language is the first book on the subject ever published in English. It traces the origin, formation, and various historical stages through which the language has passed, from Old Korean through to the present day. Each chapter begins with an account of the historical and cultural background. A comprehensive list of the literature of each period is then provided and the textual record described, along with the script or scripts used to write it. Finally, each stage of the language is analyzed, offering new details supplementing what is known about its phonology, morphology, syntax, and lexicon. The extraordinary alphabetic materials of the fifteenth and sixteenth centuries are given special attention, and are used to shed light on earlier, pre-alphabetic periods. ki-moon lee is Professor Emeritus at Seoul National University. s. robert ramsey is Professor and Chair in the Department of East Asian Languages and Cultures at the University of Maryland, College Park. Frontispiece: Korea’s seminal alphabetic work, the Hunmin cho˘ngu˘m “The Correct Sounds for the Instruction of the People” of 1446 A History of the Korean Language Ki-Moon Lee S. Robert Ramsey CAMBRIDGE UNIVERSITY PRESS Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, Sa˜o Paulo, Delhi, Dubai, Tokyo, Mexico City Cambridge University Press The Edinburgh Building, Cambridge CB2 8RU, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521661898 # Cambridge University Press 2011 This publication is in copyright. -
How Does a Philosophy Show up in a Kingdom? an Examination of the Effect of Neo-Confucianism on the Chosŏn Kingdom of Korea, and Its Continuing Presence Today
HOW DOES A PHILOSOPHY SHOW UP IN A KINGDOM? AN EXAMINATION OF THE EFFECT OF NEO-CONFUCIANISM ON THE CHOSŎN KINGDOM OF KOREA, AND ITS CONTINUING PRESENCE TODAY GRADES: Middle School (6-8) AUTHOR: Barbara Hall SUBJECT: Medieval World History TIME REQUIRED: Two class periods OBJECTIVES: 1. Recognize the pervasive nature of Confucian philosophy in medieval and modern Korea 2. Recognize that Neo-Confucian attitudes still affect Korean life and thinking 3. Evaluate the importance of the Neo-Confucian teachings on Korea STANDARDS: Common Core: RH 1 Cite specific textual evidence to support analysis of primary and secondary sources RH 2 Determine the central ideas or information of a primary or secondary source RH7 Integrate visual information with other information RI 1 Cite the textual evidence that most strongly supports an analysis of what the text says explicitly as well as inferences drawn from the text SL 1 Engage effectively in a range of collaborative discussions SL 4 Present claims and findings emphasizing salient points in a focused, coherent manner with relevant evidence MATERIALS REQUIRED: Handout 1: Background Reading on Confucianism Handout 2: Blank 4 Worlds of History Teacher Guides: Key to 4 Worlds of History Chart, Additional 4 Worlds of History References for the Teacher 16 Cards: Examples of Confucianism in Korea BACKGROUND: As the Chosŏn Kingdom rose to power (1392 – 1910), Buddhism was the primary religion of the kingdom. However, due to widespread corruption in the Koryo Kingdom, Chosŏn leaders made a concerted effort to eliminate Buddhism and replace it with Neo-Confucianism. The philosophy of Confucianism became so completely ingrained into Korean life as to change not only political leadership, but the social structure of the kingdom and the culture itself. -
Helen Koh Women and Korean Literature
Women and Korean Literature Helen Koh In South Korea today, women writers are as Confucian cosmology, the split between the domes- numerous as their male counterparts, frequently tic or inner sphere and the public or outer sphere winning top literary prizes and publishing best sell- was personified by the separation of women and ers. Several women are well-known public figures men into distinct orders.Women were restricted to widely sought for interviews, lectures, and opinion the inner sanctum of domestic life and family care, pieces. Professional women writers appeared in while men properly occupied the outer realm that Korea at the turn of the century, but only since the governed the life of the family – politics, ethics, and late 1960s have they noticeably grown in visibility the ownership of property. Ideally, these two realms and numbers. In fact, the number of women writing were considered complementary and were not nec- professionally has increased so sharply that by the essarily hierarchical, but in fact women’s exclusion 1990s conservative male literary critics and writers from the outer realm meant the denial of formal were complaining that Korean literature was inun- education, legal rights, and economic means. The dated with young women eager to publish.This com- Chosòn Period (1392-1910) was founded on plaint reflects a changing literary landscape in which Confucian principles. Confucianism places heavy women, who had been marginalized by the literary emphasis on learning as a means of improving one- establishment as in other public forums, became self, but education meant different things for men highly active. -
Neo-Confucian Theories and Political Choices of Yi Hwang (李滉, 1501-1570) and Yi I (李珥, 1536-1584)
APA in San Francisco, 2013-03-30 Actualization of Ideologies and the Role of Humans in Sage Politics: Neo-Confucian Theories and Political Choices of Yi Hwang (李滉, 1501-1570) and Yi I (李珥, 1536-1584) Kim, Hyoungchan (Dpt. of Philosophy, Korea University) 1. Introduction As part of their efforts to pursue their personal interests, people create diverse types of groupings. To forge a group on a scale and with a system amounting to a nation, however, a shared ideology is required that transcends or at least is able to subtly mask the direct interests of its individual members. In addition, a nation is likely to endure for a greater period when the governing class consists of people who are able to internalize, represent, and practice that ideology. Although dogma can at times overwhelm individuals and trigger negative consequences, the establishment of human roles within an ideological system can serve as an important variable in real-world politics in the sense that ideology can be actualized only via the conduit of the individuals involved. One fitting example is the Joseon Dynasty, which made use of the philosophy of Zhu Xi and the national civil service examination known as the Gwageo to maintain a system supporting such a state ideology and supply the governing body with intellectuals to embody and practice this ideology. Joseon upheld Zhu Xi’s doctrines as a national ideology from the establishment of the country in 1392 until its collapse in 1910. The goal of this paper is to compare the philosophies of two prominent Joseon Dynasty scholars as a means to investigate how an overarching ideology pursued by a country and the roles of individuals can be plaited into an academic theory then interpreted and practiced in actual politics.