The main purpose of this paper is to throw light on the structure and nature of the Confucian rule of law reflected in the legal system of Gyeongguk Daejeon, and argue that early Chosun Dynasty was well under way of developing its own peculiar version of the rule of law.
This paper focuses especially on the delicate interrelationship between 'the rule of law' principle and 'the rule of rites(or virtues)' principle, in the context of practically managing the early Chosun Dynasty, and tries to illuminate what roles they respectively played in shaping and maintaining the peculiar form of Confucian rule of law. In doing so, special emphasis is laid on the practical character of Chosun Dynasty as a historical political entity one of a few essential features of which is the rule of law supported by coercive apparatuses, rather than on the idealized counterfactual character of Confucian state in which the rule of law cannot but retreating into a secondary auxiliary status in running the state.
Viewed in this light, it is argued, the Confucian rule of law in early Chosun Dynasty can be characterized by a double-layered structure in which the rule of law principle played a main role and the rule of rites(virtues) played a supplementary role. Despite the fact, it should be stressed, the two kinds of rule can be said to be indivisibly integrated into one single Confucian rule of law, in that the rule of law in the context of early Chosun Dynasty could not properly work at all without the rule of virtues as another political principle covertly working in political elites' individual character.
It is also argued that the Confucian rule of law in early Chosun Dynasty could work well in its perfect form with the aid of various constitutional principles and institutions.
The main purpose of this paper is to throw light on the structure and nature of the Confucian rule of law reflected in the legal system of Gyeongguk Daejeon, and argue that early Chosun Dynasty was well under way of developing its own peculiar version of the rule of law. This paper focuses especially on the delicate interrelationship between 'the rule of law' principle and 'the rule of rites(or virtues)' principle, in the context of practically managing the early Chosun Dynasty, and tries to illuminate what roles they respectively played in shaping and maintaining the peculiar form of Confucian rule of law. In doing so, special emphasis is laid on the practical character of Chosun Dynasty as a historical political entity one of a few essential features of which is the rule of law supported by coercive apparatuses, rather than on the idealized counterfactual character of Confucian state in which the rule of law cannot but retreating into a secondary auxiliary status in running the state. Viewed in this light, it is argued, the Confucian rule of law in early Chosun Dynasty can be characterized by a double-layered structure in which the rule of law principle played a main role and the rule of rites(virtues) played a supplementary role. Despite the fact, it should be stressed, the two kinds of rule can be said to be indivisibly integrated into one single Confucian rule of law, in that the rule of law in the context of early Chosun Dynasty could not properly work at all without the rule of virtues as another political principle covertly working in political elites' individual character. It is also argued that the Confucian rule of law in early Chosun Dynasty could work well in its perfect form with the aid of various constitutional principles and institutions.
The main purpose of this paper is to throw light on the structure and nature of the Confucian rule of law reflected in the legal system of Gyeongguk Daejeon, and argue that early Chosun Dynasty was well under way of developing its own peculiar version of the rule of law. This paper focuses especially on the delicate interrelationship between 'the rule of law' principle and 'the rule of rites(or virtues)' principle, in the context of practically managing the early Chosun Dynasty, and tries to illuminate what roles they respectively played in shaping and maintaining the peculiar form of Confucian rule of law. In doing so, special emphasis is laid on the practical character of Chosun Dynasty as a historical political entity one of a few essential features of which is the rule of law supported by coercive apparatuses, rather than on the idealized counterfactual character of Confucian state in which the rule of law cannot but retreating into a secondary auxiliary status in running the state. Viewed in this light, it is argued, the Confucian rule of law in early Chosun Dynasty can be characterized by a double-layered structure in which the rule of law principle played a main role and the rule of rites(virtues) played a supplementary role. Despite the fact, it should be stressed, the two kinds of rule can be said to be indivisibly integrated into one single Confucian rule of law, in that the rule of law in the context of early Chosun Dynasty could not properly work at all without the rule of virtues as another political principle covertly working in political elites' individual character. It is also argued that the Confucian rule of law in early Chosun Dynasty could work well in its perfect form with the aid of various constitutional principles and institutions.