Law and Custom in Korea

FAIN: FB-54716-10

Marie Seong-Hak Kim
St. Cloud State University (St. Cloud, MN 56301-4442)

My study sets forth the evolution of Korea's civil law and legal culture in the modern period with a focus on customary law. The general reluctance in Korean legal scholarship to discuss colonial modernity has so far left unresolved the problem of drawing a connection between Korea's traditional law and its modern system based on the Romano-German legal tradition. My main thesis is that the transplantation of European civil law in Korea was facilitated by the colonial authorities who constructed a Korean customary law; this construction of customary law served as an intermediary regime between Korean tradition and the demands of modern civil law. Japan's decision to eschew legal pluralism prevalent in the European colonies in Africa and Southeast Asia facilitated a more efficient process of legal transplantation. My project will be the first comprehensive study of Korean customary law and one of the few works in Korean legal history in English.

Associated Products

Law and Custom in Korea: Comparative Legal History (Book)
Title: Law and Custom in Korea: Comparative Legal History
Author: Marie Seong-Hak KIM
Abstract: 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.
Year: 2012
Primary URL: http://www.worldcat.org/title/law-and-custom-in-korea-comparative-legal-history/oclc/779244872&referer=brief_results
Primary URL Description: WorldCat
Secondary URL: http://www.cambridge.org/us/knowledge/isbn/item6801560/?site_locale=en_US
Secondary URL Description: Cambridge University Press Academic and Professional Books
Publisher: Cambridge University Press
Type: Single author monograph
ISBN: 9781107006973

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