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A Study on the ‘Legal Consciousness’ Appeared in Choi, In hoon’s Novels in the 1960s

  • 인문논총
  • 2014, 34(), pp.33-52
  • Publisher : Institute for Human studies, Kyungnam University
  • Research Area : Humanities > Other Humanities
  • Published : June 30, 2014

Lee Pyeong Jeon 1

1서원대학교

Accredited

ABSTRACT

Law and literature have a significant similarity, in regard that they are carried by language, butthey are also complementary due to the logical consistency that law cannot perform its purposeproperly without literary element. In this viewpoint, it can be said that it is very important to investigatethe subject's response to the period's culture and cognition in the violent situation in 1960s, whichwas exerted in the name of law, through the relation between Choi, Inhoon's novel and the law. Choi,Inhoon reveals his own traumatic experience as defendant who walked into court without knowingthe reason . This symbolically shows how the law can suppress a person ideologically in the contradictionof modern times, and dominate the subject's consciousness world. As it can be seen in Self criticismsession , the order of law, which is hard to understand and uncertain, reminds that the law is a systematically guaranteed violence and at the same time, is operated ideologically. His legal consciousnessreveals the period's ideology and contradictions in historic and epistemic prospect, in the process ofrevealing and reconstituting connotation of its universality and rationality, without disrupting thenature of law itself, which pursues universality and rationality. Choi, Inhoon also provides a newroute to read the period's social reality by directly mentioning the problem of law which compelledfixed, standardized order. The more important point is, Choi, Inhoon finds the point of political andideological crack and lack inside public law, which is supposed to realize freedom, equality, humanrights, etc. He combines law and novel by revealing recognition of informal world of life which constantly changes , by putting things hidden in the bottom, with the novel being a historical result aswell as having conventionary law meet our life flexibly together, as a thing which is not fixed ortranscendent.

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