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E-book
Author Kim, Marie Seong-Hak

Title Law and custom in Korea : comparative legal history / Marie Seong-Hak Kim
Published Cambridge [UK] ; New York : Cambridge University Press, 2012

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Description 1 online resource (xiv, 349 pages) : illustrations
Contents 1. Comparative reflections on the concepts of law and custom -- 2. Law and legal culture under the Chosen Dynasty -- 3. Custom and legal reception : the Japanese precedent -- 4. Legal reforms in protectorate Korea, 1905-10 -- 5. Colonial law and the legal system, 1910-45 -- 6. Colonial jurisprudence and the construction of Korean customary law -- 7. The 'Japanese deviation': comparison of colonial customary law policies -- 8. Customary law in modern Korea
Summary "This book sets forth the evolution of Korea's law and legal system from the Chosen dynasty through the colonial and postcolonial modern periods. This is the first book in English that comprehensively studies Korean legal history in comparison with European legal history, with particular emphasis on customary law. Korea's passage to Romano-German civil law under Japanese rule marked a drastic departure from its indigenous legal tradition. The transplantation of modern civil law in Korea was facilitated by Japanese colonial jurists who created a Korean customary law; this constructed customary law served as an intermediary regime between tradition and the demands of modern law. The transformation of Korean law by the forces of Westernisation points to new interpretations of colonial history and presents an intriguing case for investigating the spread of law on a global level. In-depth discussions of French customary law and Japanese legal history also provide a solid conceptual framework suitable for comparing European and East Asian legal traditions"-- Provided by publisher
"This book sets forth the evolution of Korea's law and legal system from the Chosŏn dynasty through the colonial and postcolonial modern periods. This is the first book in English that comprehensively studies Korean legal history in comparison with European legal history, with particular emphasis on customary law. Korea's passage to Romano-German civil law under Japanese rule marked a drastic departure from its indigenous legal tradition. The transplantation of modern civil law in Korea was facilitated by Japanese colonial jurists who themselves created a Korean customary law; this constructed customary law served as an intermediary regime between tradition and the demands of modern law. The transformation of Korean law by the brisk forces of Westernization points to new interpretations of colonial history, and it presents an intriguing case for investigating the spread of law on the global level. In-depth discussions of French customary law and Japanese legal history in this book provide a solid conceptual framework suitable for comparing European and East Asian legal traditions"-- Provided by publisher
Bibliography Includes bibliographical references (pages 311-343) and index
Notes English
Print version record
In EBL
Subject Customary law -- Korea
Civil law -- Korea
Legislative histories -- Korea
Customary law -- Europe
HISTORY -- Asia -- General.
Civil law
Customary law
Legislative histories
Europe
Korea
Form Electronic book
LC no. 2012011316
ISBN 9781139047630
1139047639
9781139525800
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9781283574730
128357473X
9781139528191
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9781107227620
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9786613887184
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1139531662
9781139531665