@article{ART002621172},
author={Lee, Young-Lok},
title={The Source of Civil Law in Chosun Dynasty and Concept of Law - On Behalf of Conceptualization of Civil Law Source in Chosun Dynasty -},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2020},
number={88},
pages={1-28},
doi={10.31839/DALR.2020.8.88.1}
TY - JOUR
AU - Lee, Young-Lok
TI - The Source of Civil Law in Chosun Dynasty and Concept of Law - On Behalf of Conceptualization of Civil Law Source in Chosun Dynasty -
JO - DONG-A LAW REVIEW
PY - 2020
VL - null
IS - 88
PB - The Institute for Legal Studies Dong-A University
SP - 1
EP - 28
SN - 1225-3405
AB - I tried in this paper to propose the term ‘official’s law’ to conceptualize the source of civil law in Chosun Dynasty, and to explain what characteristics and distinctiveness it had, and how it worked as law. Official’s law meant the law which was living in consciousness of officials as judges, and was found at the moment of, and by judgments in individual cases. It was not law in the strict meaning in which law worked as rules. Nevertheless, it was qualified to be called as law in the broader meaning in that it carried binding force in each case as shared criteria of right and wrong among officials. In that respect, it was different from judge’s ad hoc, or concilliation which based on agreement of both parties. It enabled us to see that the deeper significance of Chosun Civil Ordinance(1912) lied in the change of the conception of law rather than sources of law. It was the radical factor that was at the roots of the ostensible double structure of legal sources, i.e., the coexistence the written law with modern contents, and customary law based on tradition.
KW - official’s law;people’s law;source of civil law;Chosun Civil Ordinance(1912);sa-song(詞訟);customary law (custom);judgment;concilliation;concept of law
DO - 10.31839/DALR.2020.8.88.1
ER -
Lee, Young-Lok. (2020). The Source of Civil Law in Chosun Dynasty and Concept of Law - On Behalf of Conceptualization of Civil Law Source in Chosun Dynasty -. DONG-A LAW REVIEW, 88, 1-28.
Lee, Young-Lok. 2020, "The Source of Civil Law in Chosun Dynasty and Concept of Law - On Behalf of Conceptualization of Civil Law Source in Chosun Dynasty -", DONG-A LAW REVIEW, no.88, pp.1-28. Available from: doi:10.31839/DALR.2020.8.88.1
Lee, Young-Lok "The Source of Civil Law in Chosun Dynasty and Concept of Law - On Behalf of Conceptualization of Civil Law Source in Chosun Dynasty -" DONG-A LAW REVIEW 88 pp.1-28 (2020) : 1.
Lee, Young-Lok. The Source of Civil Law in Chosun Dynasty and Concept of Law - On Behalf of Conceptualization of Civil Law Source in Chosun Dynasty -. 2020; 88 : 1-28. Available from: doi:10.31839/DALR.2020.8.88.1
Lee, Young-Lok. "The Source of Civil Law in Chosun Dynasty and Concept of Law - On Behalf of Conceptualization of Civil Law Source in Chosun Dynasty -" DONG-A LAW REVIEW no.88(2020) : 1-28.doi: 10.31839/DALR.2020.8.88.1
Lee, Young-Lok. The Source of Civil Law in Chosun Dynasty and Concept of Law - On Behalf of Conceptualization of Civil Law Source in Chosun Dynasty -. DONG-A LAW REVIEW, 88, 1-28. doi: 10.31839/DALR.2020.8.88.1
Lee, Young-Lok. The Source of Civil Law in Chosun Dynasty and Concept of Law - On Behalf of Conceptualization of Civil Law Source in Chosun Dynasty -. DONG-A LAW REVIEW. 2020; 88 1-28. doi: 10.31839/DALR.2020.8.88.1
Lee, Young-Lok. The Source of Civil Law in Chosun Dynasty and Concept of Law - On Behalf of Conceptualization of Civil Law Source in Chosun Dynasty -. 2020; 88 : 1-28. Available from: doi:10.31839/DALR.2020.8.88.1
Lee, Young-Lok. "The Source of Civil Law in Chosun Dynasty and Concept of Law - On Behalf of Conceptualization of Civil Law Source in Chosun Dynasty -" DONG-A LAW REVIEW no.88(2020) : 1-28.doi: 10.31839/DALR.2020.8.88.1
