Description
Book SynopsisThis is the first book in English that covers the evolution of Korean law and custom comprehensively from the Choson dynasty through the colonial and postcolonial modern periods. In particular, this book discusses in detail legal developments under Japanese colonial rule that formed the foundation of the modern Korean legal system, and thus presents new interpretations of colonial history.
Trade Review'In conclusion, although this book deals specifically with law and custom in Korea from a historical perspective, it is of general interest and should attract the attention of anyone who is interested in legal pluralism, law and society, legal culture and legal transplants, particularly in East Asia. The book cogently maintains that 'reference to custom in the process of creating a unified legal system was a universal occurrence in history'. It is for this reason that this book is a fascinating read, from a Chinese perspective, given the shared history and culture of Korea and China.' Lei Chen, Comparative Legal History
'Kim's work is a superb and informative piece of scholarship that only could be completed by a scholar with the breadth of knowledge and understanding that she possesses. Though custom and law is a difficult subject matter, [she] does an excellent job of explaining complex legal terms and ideas in a comprehensible way and in dealing with a sensitive period of history, showing how the Japanese colonial period shaped Korean history without seeking to condone or exonerate imperialism … Those interested in Korean, Japanese, or comparative legal history would likely gain the most from Law and Custom in Korea, but I would also highly recommend it to anyone interested in Korean history from the Chosŏn Dynasty to the present, as Kim ably shows how the impact of the past is still felt keenly today.' Franklin Rausch, Sungkyun Journal of East Asian Studies
'The colonizer's role still sparks heated debates in Korea, despite little attention to it abroad. Marie Seong-Hak Kim brings new attention to the issue with a spirited polemic about the origins of private or civil law in Korea under Japanese colonial rule (1910–45).' Dennis L. McNamara, The American Historical Review
Table of Contents1. Comparative reflections on the concepts of law and custom; 2. Law and legal culture under the Chosǒn Dynasty; 3. Custom and legal reception: the Japanese precedent; 4. Legal reforms in protectorate Korea, 1905–10; 5. Colonial law and the legal system, 1910–45; 6. Colonial jurisprudence and the construction of Korean customary law; 7. The 'Japanese deviation': comparison of colonial customary law policies; 8. Customary law in modern Korea; 9. Conclusion: Korean law and custom in comparative perspective.
