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Author: Jeong-Oh Kim
Publisher: Taylor & Francis
ISBN: 1000772977
Category : Philosophy
Languages : en
Pages : 118
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Book Description
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.
Author: Jeong-Oh Kim
Publisher: Taylor & Francis
ISBN: 1000772977
Category : Philosophy
Languages : en
Pages : 118
Get Book Here
Book Description
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.
Author: Youngsun Back
Publisher: Rowman & Littlefield
ISBN: 1786601877
Category : Philosophy
Languages : en
Pages : 271
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Book Description
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.
Author: Hyoungchan Kim
Publisher: Rowman & Littlefield
ISBN: 1786608626
Category : Philosophy
Languages : en
Pages : 239
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Book Description
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.
Author: Sungmoon Kim
Publisher: CEACOP East Asian Comparative Ethics, Politics and Philosophy of Law
ISBN: 9781783482238
Category : Philosophy
Languages : en
Pages : 0
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Book Description
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.
Author: Seokwoo Lee
Publisher: BRILL
ISBN: 9004415823
Category : Law
Languages : en
Pages : 343
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Book Description
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.
Author: Charalampos Stamelos
Publisher: Ethics International Press
ISBN: 1804411868
Category : Law
Languages : en
Pages : 344
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Book Description
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.
Author: Bui Ngoc Son
Publisher: Routledge
ISBN: 1317529065
Category : Law
Languages : en
Pages : 234
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Book Description
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.
Author: Sungmoon Kim
Publisher: Rowman & Littlefield
ISBN: 1783482257
Category : Philosophy
Languages : en
Pages : 233
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Book Description
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.
Author: Sungmoon Kim
Publisher: Cambridge University Press
ISBN: 1107049032
Category : Political Science
Languages : en
Pages : 337
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Book Description
Confucian Democracy in East Asia explores the unique Confucian reasoning that still exists in much of East Asian culture.
Author: Arthur Ripstein
Publisher: Harvard University Press
ISBN: 0674054512
Category : Philosophy
Languages : en
Pages : 416
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Book Description
In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
