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Law and Society in Korea

Author : Hyunah Yang
Publisher : Edward Elgar Publishing
Page : 254 pages
File Size : 13,66 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.

Philosophy of Law in Korea

Author : Jeong-Oh Kim
Publisher : Taylor & Francis
Page : 118 pages
File Size : 10,43 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.

Current Issues in Korean Law

Author : Laurent Mayali
Publisher : Robbins Collection
Page : 212 pages
File Size : 21,79 MB
Release : 2014-04
Category : Constitutional law
ISBN : 9781882239221

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This volume is the first in a series of comparative studies that focuses on Korea's legal system and its political institutions under the sponsorship of the Korea Law Center at UC Berkeley Law School. Korea has experienced an astonishing pace of legal reforms within an interval of two generations. The collapse of the authoritarian regime started an irreversible process of democratization that has not yet completed its full course. The papers included in this volume cast new lights on the challenges and institutions that define the substance and the structure of current legal reforms. Although it is not the purpose of this volume to provide a comprehensive report on the current state of Korean law, the selective range of the themes is not a simple happenstance. It is representative of the current political debate which echoes the Korean society's determination to resolve the paradoxes of its legal tradition and overcome the trials of its democratic aspirations.

Law and Democracy in South Korea

Author : Tae-gyu Yun
Publisher : Lynne Rienner
Page : 0 pages
File Size : 10,33 MB
Release : 2010
Category : Constitutional history
ISBN : 9788984213005

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The sweeping changes that have taken place in South Korea¿s governing institutions since the adoption of a new constitution in 1987 have affected and even transformed many aspects of Korean society. Dae-Kyu Yoon adopts a legal perspective to explore the trajectory of the country¿s democratic consolidation. Ranging from processes to structures to issues of social justice, he sheds important light on the role of law in democratic development.

Law and Justice in Korea

Author : Chong-go Ch'oe
Publisher : 서울대학교출판부
Page : 552 pages
File Size : 11,17 MB
Release : 2005
Category : Constitutional law
ISBN :

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Law and Custom in Korea

Author : Marie Seong-Hak Kim
Publisher : Cambridge University Press
Page : 365 pages
File Size : 21,32 MB
Release : 2012-08-27
Category : History
ISBN : 1139536346

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This book sets forth the evolution of Korea's law and legal system from the Chosǒn 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.

South Korean Social Movements

Author : Gi-Wook Shin
Publisher : Routledge
Page : 562 pages
File Size : 16,52 MB
Release : 2011-06-01
Category : Political Science
ISBN : 1136708057

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This book explores the evolution of social movements in South Korea by focusing on how they have become institutionalized and diffused in the democratic period. The contributors explore the transformation of Korean social movements from the democracy campaigns of the 1970s and 1980s to the rise of civil society struggles after 1987. South Korea was ruled by successive authoritarian regimes from 1948 to 1987 when the government decided to re-establish direct presidential elections. The book contends that the transition to a democratic government was motivated, in part, by the pressure from social movement groups that fought the state to bring about such democracy. After the transition, however, the movement groups found themselves in a qualitatively different political context which in turn galvanized the evolution of the social movement sector. Including an impressive array of case studies ranging from the women's movement, to environmental NGOs, and from cultural production to law, the contributors to this book enrich our understanding of the democratization process in Korea, and show that the social movement sector remains an important player in Korean politics today. This book will appeal to students and scholars of Korean studies, Asian politics, political history and social movements.