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논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 저널정보
- The Academy of Korean Studies THE REVIEW OF KOREAN STUDIES THE REVIEW OF KOREAN STUDIES Volume 16 Number 1
- 발행연도
- 2013.6
- 수록면
- 7 - 45 (39page)
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초록· 키워드
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Once considered almost exclusively to be the domain of legal scholars, Joseon dynasty criminal law is recently attracting increasing attention from social, political and intellectual historians of Korea. Despite often reaching opposing conclusions on the characteristics of Joseon legal culture, historians and legal scholars share a strong focus on the dominating role of Confucian ideology. While acknowledging the importance of Confucianism for Joseon statecraft, this paper argues that in actual statecraft and the application of the law, this ideology was negotiated with the perceived needs of the state. The focus of analysis is the relationship between the judicial process?investigation, interrogation and punishment?and cosmological, ideological and cultural notions related to the body. The purpose is to show the tension between the state need tomaintain the system and uphold social order (as defined by the state) and the need for the state itself to adhere to the basic principles of the ideology that underpinned this system. Addressing the role of law and punishment in statecraft, the analysis is based on a theoretical framework that combines a conflict-based understanding of society with one that is consensus-based. While on the one hand the violation of notions related to the body was the purport of punishment when dealing with the most severe crimes against the state and its ideology, we can also see how such notions influenced the discourses on penal benevolence, torture and exhumation, whilst partly constituting the reason why some forms of torture were prohibited.
목차
Introduction
Theoretical and Methodological Considerations
Notions of the Body, Confucian Statecraft and Punishment
Thieves and Mutilation
The Discourse Surrounding Torture
Forensic Investigations
Concluding Remarks
References
Abstract
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