Keywords
Jeong Yakyong
Heumheumsinseo
Simnirok
Chugwanji
transgression
Late Joseon
How to Cite
Abstract
This article aims to shed light on the transgression of legal text in Late Joseon Korea. Legal text of Joseon contains ‘self-confession’ that reveals the cracks of yechi 예치 禮治, dominance under the Confucian norm. In this regard, this article reviews the principles of penal administration and legal culture in late Joseon period which functioned as the mechanism to produce dominant discourses to control transgressions. In particular, focusing on Heumheumsinseo 흠흠신서 欽欽新書 written by Jeong Yakyong 정약용 丁若鏞 (1762-1836), which contains most diverse types of legal texts, this article takes the transgression of genre of legal texts into consideration. Through this, how the secular genre of legal text obtains the cultural reality and reveals the suppressed social discourse would be explained.
References
Bodde, Derk, and Clarence Morris. 1967. Law in Imperial China. Massachusetts: Harvard University Press.
Choi, Chongko (최종고). 2006. Law and Custom in Korean Society: A Historical and Jurisprudential Approach. 서울대학교 법학 Seoul Daehakgyo Beophak (Seoul Law Journal) 47: 220-252.
Chugwanji 추관지 秋官志. Joseon Sidae Beopryeong Jaryo 조선시대 법령자료 (Database on the Laws and Regulations of the Joseon Dynasty). http://db.history.go.kr/law/item/level.do?levelId=jlawb_200_0010_0090_0020_0130&position=1 (accessed December 6, 2020).
Chugwanji 추관지 秋官志. vol.1. 1975. ed. 법제처 Beopjecheo (Ministry of Government Legislation). 서울: 서울印刷株式會社 Seoul: Seoul Insoe Jusik Hoesa.
Gukyeok Simnirok 국역 심리록 (Simnirok in Korean Translation) 6 vols. 1998-2007. 서울: 민족문화추진회 Seoul: Minjok Munhwa Chujinhoe.
Jeon, Myungyong (전명용), Jeon Hongcheol (전홍철), Yun Byeongsu (윤병수), Sim Gyuho (심규호), and Yang Chungryeol (양충렬), trans. 1997. 중국고대윤리학 Jungkuk Godae Yullihak (Chinese Ancient Ethics). 서울: 이론과 실천 Seoul: Yiron-gwa Silcheon.
Kang, Hyejong (강혜종). 2009. 흠흠신서의 구성과 서술방식 연구 (Heumheunsinseo-ui Guseong-gwa Seosul Bangsik Yeongu). M.A. Thesis, Yonsei University.
Kim, Youngjun (김영준). trans. 2010. 어수신화 Eosusinhwa 禦睡新話. 서울: 보고사 Seoul: Bogosa.
Mumyeongjajip 무명자집 無名子集. 2000. 한국문집총간 Hanguk Munjip Chonggan. 서울: 민족문화추진회 Seoul: Minjok Munhwa Chujinhoe.
Murphy, Jefrie G. 2012. Punishment and the Moral Emotions. New York: Oxford University Press.
Pak, Seokmu (박석무) and Jeong Haeryum (정해렴), trans. 1999. 역주 흠흠신서 Yeokju Heumheumsinseo (Heumheumsinseo in Korean Translation with Annotation) 3 vols. 서울: 현대실학사 Seoul: Hyundae Shirhaksa.
Weizheng. Chinese Text Project Online Open Access Digital Library. https://ctext.org/confucianism?searchu=%E9%81%93%E4%B9%8B%E4%BB%A5%E6%94%BF (accessed December 6, 2020).
Yu, Xiangdou 余象斗. 1990. Lianming qipan gong’an (廉明奇判公案). Shanghai: Shanghai guji chubanshe (上海古籍出版社).
Yu, Xiangdou. 余象斗 1999. Lianminggong’an zhusigong’an (廉明公案諸司公案). Beijing: Qunzhong chubanshe (群衆出版社).
Yukjeonjorye 육전조례 六典條例. 1969. Ed. 법제처 Beopjecheo (Ministry of Government Legislation). 서울: 서울印刷株式會社 Seoul: Seoul Insoe Jusik Hoesa.
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