The Spirit of Korean Law

The Spirit of Korean Law
Author: Marie Kim
Publisher: BRILL
Total Pages: 282
Release: 2015-11-02
Genre: Law
ISBN: 9004306013

This is the first book on Korean legal history in English written by a group of leading scholars from around the world. The chapters set forth the developments of Korean law from the Chosŏn to colonial and modern periods through the examination of codified laws, legal theories and practices, and jurisprudence. The contributors’ shared premise is that the evolution of Korean law can be best understood when viewed in terms of its interactions with outside laws. Each chapter integrates literature in Korean, Japanese, Chinese, and Western languages into comprehensive analyses to make up-to-date research available to readers both inside and outside Korea. This volume provides a solid framework from which to approach Korean legal history in the perspective of comparative legal traditions.

The Spirit of Korean Law

The Spirit of Korean Law
Author: Marie Kim
Publisher: Martinus Nijhoff Publishing
Total Pages: 272
Release: 2015-10
Genre: Law
ISBN: 9789004290778

The first book on Korean legal history in English written by a group of leading scholars, 'The Spirit of Korean Law' examines the developments of Korean law from the Choson to colonial and modern periods, from the perspective of comparative legal traditions.

The Constitution of South Korea

The Constitution of South Korea
Author: Chaihark Hahm
Publisher: Bloomsbury Publishing
Total Pages: 249
Release: 2024-04-18
Genre: Law
ISBN: 1509919198

The constitutional system of South Korea is a work in progress, and this volume fleshes out and makes intelligible to foreign readers that process within the specific political and historical context of modern South Korea. The current South Korean Constitution of 1987 is the culmination of decades-long efforts by the South Korean people to achieve democratic self-government. It is the fruition of untold sacrifices made by dedicated citizens who tirelessly fought to rein in the power of the government under some form of constitutional rule. In that sense, it should be understood against the backdrop of South Korea's experimentation with constitutionalism that began at the turn of the last century. Yet, it also represents a radical break, the beginning of a new era which ended a long political history of 'constitution without constitutionalism'. For the first time in the history of the South Korean nation, the constitution has become a living norm rather than an ornament, or a façade, for illegitimate or ineffectual governments. It has proven to be a binding law that matters not only for government leaders but also for private individuals. With the adoption, especially, of a system allowing the adjudication of constitutional issues at an independent court, the people have begun to realise that the constitution can be invoked to protect their rights and advance their interests. As a result, the South Korean Constitutional Court is being stretched to its limits with a great number of cases filed at its docket. This book is an insightful new addition to Hart's successful series, Constitutional Systems of the World.

The Cambridge Handbook of Comparative Law

The Cambridge Handbook of Comparative Law
Author: Mathias Siems
Publisher: Cambridge University Press
Total Pages: 1362
Release: 2024-01-31
Genre: Law
ISBN: 1108906877

Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).

Extraterritoriality in East Asia

Extraterritoriality in East Asia
Author: Ireland-Piper, Danielle
Publisher: Edward Elgar Publishing
Total Pages: 168
Release: 2021-07-31
Genre: Law
ISBN: 1788976665

Extraterritoriality in East Asia examines the approaches of China, Japan and South Korea to exercising legal authority over crimes committed outside their borders, known as ‘extraterritorial jurisdiction’. It considers themes of justiciability and approaches to international law, as well as relevant examples of legislation and judicial decision-making, to offer a deeper understanding of the topic from the perspective of this legally, politically and economically significant region.

The Spirit of Independence

The Spirit of Independence
Author: Syngman Rhee
Publisher: University of Hawaii Press
Total Pages: 330
Release: 2000-10-01
Genre: History
ISBN: 9780824823498

Syngman Rhee (Yi Sûng-man, 1875-1965) is undoubtedly one of the most important figures in modern Korean history. He emerged as the dominant leader in Korea's nationalist struggle against Japan and served as the first president of the Republic of Korea from 1948 through 1960. Rhee's political career as founder and president, however, was not without controversy. While some hailed him as "the George Washington of Korea," others regarded Rhee as "a little Chiang Kai-shek." This first English translation of Rhee's magnum opus, The Spirit of Independence (Tongnip chôngsin), provides readers with an essential key to understanding the breadth and depth of Rhee's thought at a critical juncture in his life and his country's history.

Rights Claiming in South Korea

Rights Claiming in South Korea
Author: Celeste L. Arrington
Publisher: Cambridge University Press
Total Pages: 361
Release: 2021-05-27
Genre: Law
ISBN: 1108841333

An analysis of rights-based activism in South Korea, including case studies of women, workers, disabled persons, migrants, and sexual minorities.

Land Law in Asian Countries

Land Law in Asian Countries
Author: Oleg Igorevich Krassov
Publisher: XSPO
Total Pages: 377
Release:
Genre: Law
ISBN: 5001562562

The monograph covers the issues related to the evolution of land tenure systems, land reforms, the main features of formal land law that is in force in the various legal systems of the countries of South, East, and Southeast Asia, and customary land rights. The current state of land law in Asian countries: land rights, the provision and suspension of these rights, the relationship between formal law and customary land tenure systems, the problems of recognizing customary communal land rights are analyzed. For students, graduate students and teachers of law schools, employees of legislative, executive and judicial authorities, as well as for all those interested in issues of land, civil law and comparative jurisprudence.

Asian Comparative Constitutional Law, Volume 1

Asian Comparative Constitutional Law, Volume 1
Author: Ngoc Son Bui
Publisher: Bloomsbury Publishing
Total Pages: 495
Release: 2023-05-18
Genre: Law
ISBN: 1509949712

This is the first in a 4-volume set that provides the definitive account of the major issues of comparative constitutional law in 19 Asian jurisdictions. Volume 1 explores the process and contents in the making of a new constitution. The book provides answers to questions on the causes, processes, substance and implantation involved in making new constitutions such as; - What are the political, social, and economic factors that drive the constitution-making? - How are constitutions made, and who makes them? - What are the substantive contents of constitution-making? - What kinds of legislation are enacted to implement constitutions? - How do courts enforce constitutions? The book considers the impact of decolonisation, globalisation and social-political dynamics which have led to the enactment of numerous independent constitutions in Asia including Vietnam (2013), Nepal (2015) and Thailand (2017). The jurisdictions covered include: Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, Nepal, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, and Vietnam. An essential reference for those interested in Asian constitutional law.

Rules of the House

Rules of the House
Author: Sungyun Lim
Publisher: University of California Press
Total Pages: 188
Release: 2018-12-18
Genre: History
ISBN: 0520302524

At publication date, a free ebook version of this title will be available through Luminos, University of California Press’s Open Access publishing program. Visit www.luminosoa.org to learn more. Rules of the House offers a dynamic revisionist account of the Japanese colonial rule of Korea (1910–1945) by examining the roles of women in the civil courts. Challenging the dominant view that women were victimized by the Japanese family laws and its patriarchal biases, Sungyun Lim argues that Korean women had to struggle equally against Korean patriarchal interests. Moreover, women were not passive victims; instead, they proactively struggled to expand their rights by participating in the Japanese colonial legal system. In turn, the Japanese doctrine of promoting progressive legal rights would prove advantageous to them. Following female plaintiffs and their civil disputes from the precolonial Choson dynasty through colonial times and into postcolonial reforms, this book presents a new and groundbreaking story about Korean women’s legal struggles, revealing their surprising collaborative relationship with the colonial state.