Download or read book Philosophy of Law in Korea written by Jeong-Oh Kim and published by Taylor & Francis. This book was released on 2022-10-21 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Korea began as a newly independent state in 1948, its economy was very underdeveloped and the rule of law was just established. The journey of democratization in Korea was not without challenges. This book traces the history of the legal philosophy development in Korea and highlights Korea's unique experience. This book shows how Western legal philosophy has been accepted in Korea, a non-Western country that has newly introduced the Western legal system and what role the legal philosophy has played in social context. The book also examines academic scholars' intellectual activities in a historical context and how their intellectual products are yielded through their continuous response to the circumstances of the time. It specifically looks at the many challenging tasks legal philosophers had to overcome in a society when the rule of law and democracy had not yet settled. The book explores how Korean legal philosophers coped during such unique historical situations. It also illustrates how Korean scholars accepted German and Anglo-American legal philosophies and integrated them to change social realities of Korea. Through Korea’s experience, this book will provide insights into how modern legal philosophy develops in a new state and what legal philosophers' responses would be like during such a process. The developing process of legal philosophy in Korean society will interest not only readers in countries who have had similar experiences to Korea, but also readers in the West.
Download or read book Traditional Korean Philosophy written by Youngsun Back and published by Rowman & Littlefield. This book was released on 2016-11-08 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique volume of original essays presents in-depth analyses of representative periods, problems, and debates within the long and rich history of Korean philosophy. It provides the reader with a sense of the problems that motivated thinkers within the tradition and the kinds of arguments that characterize their reflections. With contributions from some of the best and most significant contemporary Korean philosophers, this volume marks an important new stage in the Western-language study and appreciation of Korean philosophy. In order for philosophy to be understood and appreciated as philosophy it must at some point be presented and evaluated as the human effort to understand problems through a process of careful and sustained analysis and argument. This anthology offers Western readers the first opportunity to meet and engage with traditional Korean Buddhist and Confucian philosophy on these terms.
Download or read book Korean Confucianism written by Hyoungchan Kim and published by Rowman & Littlefield. This book was released on 2018-10-16 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores Neo-Confucianism and its relationship to politics by examining the life and work of the two iconic figures of the Joseon dynasty Yi Hwang (1501-1570, Toegye) and Yi I (1536-1584, Yulgok). Neo-Confucianism became state orthodoxy in 1392, and remained in place for over five centuries until the end of the dynasty in 1910, thereby shaping the Korea of today. Toegye and Yulgok founded the two main schools of Josean Neo-Confucianism, which became the most dominant schools of thought in Korean history. In shedding new light on the important relationship between these two iconic figures, Hyoungchan Kim offers an important new examination of Korea today, which will be essential to those interested in the philosophy and history of Korea.
Download or read book Confucianism Law and Democracy in Contemporary Korea written by Sungmoon Kim and published by CEACOP East Asian Comparative Ethics, Politics and Philosophy of Law. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of original essays developing a Confucian political and legal theory, focusing on South Korea, traditionally the most Confucian East Asian country in its legal, political, and cultural practices.
Download or read book Asian Yearbook of International Law Volume 23 2017 written by Seokwoo Lee and published by BRILL. This book was released on 2019-12-16 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.
Download or read book Philosophy of Law Theories Examples and Human Rights written by Charalampos Stamelos and published by Ethics International Press. This book was released on 2024-08-13 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book Philosophy of Law presents relevant theories, puts emphasis on the analysis of the branches of law and of basic human rights, and proposes the holistic analysis of law. In the first part the author analyses the main elements of each theory (natural law, legal positivism, legal realism, legal formalism, legal liberalism, economic analysis of law, critical legal studies). The main philosophers of law or supporters of each theory are discussed. In the second part of the book human rights and jurisprudence are analysed in the context of public law, criminal law (e.g., death penalty), private law and international law. The holistic analysis of law is proposed as a theory to address modern problems, such as poverty, climate change, the pandemic, and other global issues. The book is designed primarily for law students, teachers and supervisors.
Download or read book Ethics Out of Law written by Dana Hollander and published by University of Toronto Press. This book was released on 2021-06-29 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hermann Cohen (1842–1918) was a leading figure in the Neo-Kantian philosophical movement that dominated European thought before 1918. He is also the inaugural figure for what is meant by "modern Jewish philosophy" in the twentieth and twenty-first centuries. This book explores Cohen’s striking claim that ethics is rooted in law – a claim developed in both his philosophical ethics and his philosophy of Judaism, in particular in his writings on "love-of-neighbor," up to and including his well-known Religion of Reason. Dana Hollander proposes that neither Cohen’s systematic philosophy nor his "Jewish" philosophy should be seen as the dominant framework for his oeuvre as a whole, but that his understanding of key philosophical questions takes shape in the passages between both corpuses, a trait that could be seen as paradigmatic for modern Jewish philosophy. Ethics Out of Law taps into one of the prime topics of current interest in the field of Jewish philosophy: the nature of Jewish political existence and the changing configurations of "law" that this entails.
Download or read book Natural Law in Court written by R. H. Helmholz and published by Harvard University Press. This book was released on 2015-06-08 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.
Download or read book Confucian Democracy in East Asia written by Sungmoon Kim and published by Cambridge University Press. This book was released on 2014-02-28 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confucian Democracy in East Asia explores the unique Confucian reasoning that still exists in much of East Asian culture.
Download or read book Confucianism Law and Democracy in Contemporary Korea written by Sungmoon Kim and published by Rowman & Littlefield. This book was released on 2015-03-26 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative political theory has grown into a recognized discipline in its own right in the last two decades. Yet little has been done to explore how political theory engages with the actual social, legal, and political reality of a particular polity. East Asians are complexly conditioned by traditional Confucian norms and habits, despite significant social, economic, and political changes in their contemporary lives. This volume seeks to address this important issue by developing a specifically Confucian political and legal theory. The volume focuses on South Korea, whose traditional society was and remains the most Confucianized among pre-modern East Asian countries. It offers an interesting case for thinking about Confucian democracy and constitutionalism because its liberal-democratic institutions are compatible with and profoundly influenced by the Confucian habit of the heart. The book wrestles with the practical meaning of liberal rights under the Korean Confucian societal culture and illuminates a way in which traditional Confucianism can be transformed through legal and political processes into a new Confucianism relevant to democratic practices in contemporary Korea.
Download or read book Game Theory and the Law written by Douglas G. Baird and published by Harvard University Press. This book was released on 1994 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to apply the tools of game theory and information economics to advance our understanding of how laws work. Organized around the major solution concepts of game theory, it shows how such well known games as the prisoner's dilemma, the battle of the sexes, beer-quiche, and the Rubinstein bargaining game can illuminate many different kinds of legal problems. Game Theory and the Law highlights the basic mechanisms at work and lays out a natural progression in the sophistication of the game concepts and legal problems considered.
Download or read book Law s Empire written by Ronald Dworkin and published by . This book was released on 2011-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
Download or read book Law and Truth written by Dennis Michael Patterson and published by Oxford University Press, USA. This book was released on 1996 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking up a single question--"What does it mean to say a proposition of law is true?"--this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. He offers a powerful alternative account of legal justification, one in which linguistic practice--the use of forms of legal argument--holds the key to legal meaning.
Download or read book Confucian Constitutionalism in East Asia written by Bui Ngoc Son and published by Routledge. This book was released on 2016-02-12 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.
Download or read book Justice in Robes written by Ronald Dworkin and published by Harvard University Press. This book was released on 2006-04-15 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should a judge’s moral convictions bear on his judgments about what the law is? Lawyers, sociologists, philosophers, politicians, and judges all have answers to that question: these range from “nothing” to “everything.”In Justice in Robes, Ronald Dworkin argues that the question is much more complex than it has often been taken to be and charts a variety of dimensions—semantic, jurisprudential, and doctrinal—in which law and morals are undoubtedly interwoven. He restates and summarizes his own widely discussed account of these connections, which emphasizes the sovereign importance of moral principle in legal and constitutional interpretation, and then reviews and criticizes the most influential rival theories to his own. He argues that pragmatism is empty as a theory of law, that value pluralism misunderstands the nature of moral concepts, that constitutional originalism reflects an impoverished view of the role of a constitution in a democratic society, and that contemporary legal positivism is based on a mistaken semantic theory and an erroneous account of the nature of authority. In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard Posner, Cass Sunstein, Antonin Scalia, and Joseph Raz.Dworkin’s new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.
Download or read book Current Issues in Korean Law written by Laurent Mayali and published by Robbins Collection. This book was released on 2014-04 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the first in a series of comparative studies that focuses on Korea's legal system and its political institutions under the sponsorship of the Korea Law Center at UC Berkeley Law School. Korea has experienced an astonishing pace of legal reforms within an interval of two generations. The collapse of the authoritarian regime started an irreversible process of democratization that has not yet completed its full course. The papers included in this volume cast new lights on the challenges and institutions that define the substance and the structure of current legal reforms. Although it is not the purpose of this volume to provide a comprehensive report on the current state of Korean law, the selective range of the themes is not a simple happenstance. It is representative of the current political debate which echoes the Korean society's determination to resolve the paradoxes of its legal tradition and overcome the trials of its democratic aspirations.
Download or read book Contemporary Korean Political Thought and Park Chung hee written by Jung In Kang and published by Rowman & Littlefield. This book was released on 2017-06-12 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new book identifies the distinctive characteristics of the ideological terrain in contemporary (South) Korean politics and reexamines the political thought of Park Chung-hee (1917–1979), the most revered, albeit the most controversial, former president in the history of South Korea, in light of those characteristics. Jung In Kang articulates “simultaneity of the nonsimultaneous” and the “sanctification of nationalism” as the most preeminent characteristics of the Korean ideological topography, which are distinct from those of modern Western Europe, while acknowledging the overwhelming and informing influence of modern Western civilization in shaping contemporary Korean politics and ideologies. He goes on to analyze the political thought of Park Chung-hee, in this way investigating and confirming the academic validity and relevance of those ideological characteristics in more specific terms. The book assesses how nonsimultaneity and sanctification are interwoven with Park’s thought, while reconstructing the political thought of President Park in terms of four modern ideologies: liberalism (liberal democracy), conservatism, nationalism and radicalism. Kang concludes by tracing the changes undergone by simultaneity and sanctification in the three decades since democratization, with some speculation on their future, and by examining the ideological legacy and ramifications of Park Chung-hee’s authoritarian politics in the twenty-first century.
