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Law and Society in Korea

Author : Hyunah Yang
Publisher : Edward Elgar Publishing
Page : 254 pages
File Size : 30,57 MB
Release : 2013
Category : Law
ISBN : 1781953635

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ÔAs dynamic as legal change has been in South Korea, it has also been understudied, at least until the arrival of this wonderful collection of essays. The authors, who are all leading figures in the field, demonstrate convincingly that Korean experience is relevant to many of the contemporary questions in law and society studies, including how to understand the dynamics of legal change, the role of law in development, the nature of transitional justice, and law in the postcolonial state. Every law and society scholar should read this book.Õ Ð Tom Ginsburg, University of Chicago, US This book sets out a panoramic view of law and society studies in South Korea, considering the factors that have made this post-colonial war-torn country economically and politically successful. The contributors examine societal and historical conditions that are reflected in Ð or that were shaped by Ð the law, through a variety of lenses; including law and development, law and politics, colonialism and gender, past wrongdoings, public interest lawyering, and judicial reform. In dismantling the historical specificity of the way in which Korea studies are universally framed the contributions provide novel views, theories and information about South Korean law and society. Incorporating various perspectives and methodologies, and demonstrating a finely crafted application of general theory to specific issues, this compendium will prove insightful to law scholars and researchers looking to widen their perspective and broaden their knowledge on law and society in Korea. Law practitioners whose practice requires knowledge of the Korean legal system will also find plenty of information in this authoritative book.

The Korean Developmental State

Author : Iain Pirie
Publisher : Routledge
Page : 248 pages
File Size : 49,35 MB
Release : 2007-09-12
Category : Business & Economics
ISBN : 1134141580

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Ian Pirie gives a comprehensive and up-to-date analysis of state and economic restructuring in South Korea since the 1997 crisis.

The Park Chung Hee Era

Author : Byung-Kook Kim
Publisher : Harvard University Press
Page : 753 pages
File Size : 26,24 MB
Release : 2013-03-11
Category : History
ISBN : 0674265092

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In 1961 South Korea was mired in poverty. By 1979 it had a powerful industrial economy and a vibrant civil society in the making, which would lead to a democratic breakthrough eight years later. The transformation took place during the years of Park Chung Hee's presidency. Park seized power in a coup in 1961 and ruled as a virtual dictator until his assassination in October 1979. He is credited with modernizing South Korea, but at a huge political and social cost. South Korea's political landscape under Park defies easy categorization. The state was predatory yet technocratic, reform-minded yet quick to crack down on dissidents in the name of political order. The nation was balanced uneasily between opposition forces calling for democratic reforms and the Park government's obsession with economic growth. The chaebol (a powerful conglomerate of multinationals based in South Korea) received massive government support to pioneer new growth industries, even as a nationwide campaign of economic shock therapy-interest hikes, devaluation, and wage cuts-met strong public resistance and caused considerable hardship. This landmark volume examines South Korea's era of development as a study in the complex politics of modernization. Drawing on an extraordinary range of sources in both English and Korean, these essays recover and contextualize many of the ambiguities in South Korea's trajectory from poverty to a sustainable high rate of economic growth.

Legal Reform in Korea

Author : Tom Ginsburg
Publisher : Routledge
Page : 248 pages
File Size : 40,82 MB
Release : 2004-03
Category : Law
ISBN : 1134326807

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Law in Korea has historically been viewed as merely a tool of authoritarian rule, but since the transition to democracy in 1987 it has served a more important and visible role as a force for social change. With contributions from leading US and Korean scholars, Legal Reform in Korea explores this response to domestic and international pressures, applying a socio-legal perspective to both legal practices and the legal institutions themselves, which have become a major political issue throughout the developing world. An invaluable resource for students of Asian law and Korean studies.

Philosophy of Law in Korea

Author : Jeong-Oh Kim
Publisher : Taylor & Francis
Page : 118 pages
File Size : 42,14 MB
Release : 2022-10-21
Category : Philosophy
ISBN : 1000772977

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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.

Regime Transition and the Judicial Politics of Enmity

Author : Justine Guichard
Publisher : Springer
Page : 263 pages
File Size : 42,67 MB
Release : 2016-04-08
Category : Political Science
ISBN : 1137531576

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Among the societies that experienced a political transition away from authoritarianism in the 1980s, South Korea is known as a paragon of 'successful democratization.' This achievement is considered to be intimately tied to a new institution introduced with the 1987 change of regime, intended to safeguard fundamental norms and rights: the Constitutional Court of Korea. While constitutional justice is largely celebrated for having achieved both purposes, this book proposes an innovative and critical account of the court's role. Relying on an interpretive analysis of jurisprudence, it uncovers the ambivalence with which the court has intervened in the major dispute opposing the state and parts of civil society after the transition: (re)defining enmity. In response to this challenge, constitutional justice has produced both liberal and illiberal outcomes, promoting the rule of law and basic rights while reinforcing the mechanisms of exclusion bounding South Korean democracy in the name of national security.

Law and Custom in Korea

Author : Marie Seong-Hak Kim
Publisher : Cambridge University Press
Page : 365 pages
File Size : 23,86 MB
Release : 2012-08-27
Category : History
ISBN : 110700697X

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Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.

Confucianism, Law, and Democracy in Contemporary Korea

Author : Sungmoon Kim
Publisher : Rowman & Littlefield
Page : 233 pages
File Size : 32,4 MB
Release : 2015-03-26
Category : Philosophy
ISBN : 1783482257

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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.