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Patriarchal Order and Wife's Inheritance Right in the Early Chosun
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가부장적 질서화와 부인권의 약화 : 조선전기 재산상속 분쟁사례를 중심으로

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Type
Academic journal
Author
Journal
Korean Association Of Women'S Studies Journal of Korean Women's Studies Vol.16 No.2 KCI Excellent Accredited Journal
Published
2000.11
Pages
5 - 34 (30page)

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Patriarchal Order and Wife's Inheritance Right in the Early Chosun
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Abstract· Keywords

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This paper investigates the process how wife's inheritance right was weakened during the period of confucianization in the early Chosun. It was frequently cited that this period of Chosun brought forth the most crucial change in the equitable inheritance for the son and daughter. It primarily involved two changes: First the daughter was excluded from an inheritance. Secondly, the eldest son was preferred over other sons as an heir. Such a change was to buttress a law centered on the eldest legitimate son. However, the paper demands attention that the wife's inheritance right began diminishing before the daughter was excluded from an inheritance. Focusing on the disputes and discourse regarding inheritance, it argues that patriarchal order was strengthened as wife's inheritance right was undermined and vice versa. In this light, removing material foundation of the wife should be reemphasized as one of the major mechanism to strengthen patriarchal order in the period.
The inheritance of property in the period produced multiple legal distinctions within the family, that is for the husband and wife, first wife and secondary wife, father and son, stepmother's son and lawful daughter, and secondary wife's son and wife's adopted daughter, etc. It commanded the principle of ordering in the property right in general and wife-related ones in particular since the majority of legal disputes and conflicts took place surrounded wife's property right. In the paper, women's right in property inheritance was conceptualized into wife's, daughter's, and mother's right separately as they could not be equalized as women's right In particular, wife's right could not be tied to mother's right that was son's mother's right. As wife's inheritance right was diminished, gender had more determining power for women's status than the legitimacy; a legitimate daughter was yielded even to a illegitimate son in an inheritance. And further, a woman's inheritance right was influenced by whether or not her giving birth to a son or not. Then, the filial piety of Confucian ideology was emphasized and even invented. It was shown that gender, status system and filial piety was competing for undermining wife's inheritance right and strengthening patriarchal domination. In short, the patriarchal system in early Chosun was no less enforced by removing women of material power than Confucianism.

Contents

Ⅰ. 문제의 제기
Ⅱ. 재산상속과 가부장적 가족 질서화
Ⅲ. 이숙번의 처 정씨 부인과 사위와의 쟁송 사례 : 부인의 재주권(財主權)과 효의 경합 담론
Ⅳ. 맺음말
참고문헌
〈Abstract〉

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