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Jeong Yak-yong's Theory of Four-Seven and Legal Emotions

  • PHILOSOPHY·THOUGHT·CULTURE
  • 2021, (37), pp.147~172
  • DOI : 10.33639/ptc.2021..37.007
  • Publisher : Research Institute for East-West Thought
  • Research Area : Humanities > Other Humanities
  • Received : October 19, 2021
  • Accepted : November 24, 2021
  • Published : November 30, 2021

Lee Jaebok 1

1한양대학교

Accredited

ABSTRACT

Jeong Yak-yong suggested his own theory of four-seven based on the existing four-seven discussion, by commenting on it. This study examines how Jeong's theory of four-seven and his theory of human nature as moral inclination can be applied in practice. The former is an extension of Seongho School's theory of seven public feelings and the latter is discussion on the cognitive judgment of moral emotions. Subsequently, the paper looks into cases in which the court gave reduced punishment based on moral emotions and discusses Jeong's view on tension between moral emotions and law. It moves on to analyzing the precedents about which Jeong stated that the law should be bending when judging and discussing what his theory of emotions practically implies. The findings provide the basis in seeking the interface between Jeong's philosophy and theories of emotions discussed in the contemporary philosophy.

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