When Korea began as a newly independent state in 1948, its economy was very underdeveloped and the rule of law was just established. The journey of democratization in Korea was not without challenges. This book traces the history of the legal philosophy development in Korea and highlights Korea's unique experience. This book shows how Western legal philosophy has been accepted in Korea, a non-Western country that has newly introduced the Western legal system and what role the legal philosophy has played in social context.
The book also examines academic scholars' intellectual activities in a historical context and how their intellectual products are yielded through their continuous response to the circumstances of the time. It specifically looks at the many challenging tasks legal philosophers had to overcome in a society when the rule of law and democracy had not yet settled. The book explores how Korean legal philosophers coped during such unique historical situations. It also illustrates how Korean scholars accepted German and Anglo-American legal philosophies and integrated them to change social realities of Korea.
Through Korea’s experience, this book will provide insights into how modern legal philosophy develops in a new state and what legal philosophers' responses would be like during such a process. The developing process of legal philosophy in Korean society will interest not only readers in countries who have had similar experiences to Korea, but also readers in the West.
Introduction, Jeong-Oh Kim 1. Legal Philosophy and Social Change in Korea, Dong-Ryong Shin, Jeong-Oh Kim 2. Korea’s Reception of German Philosophy of Law, Hak-Tai Kim 3. Acceptance of Anglo-American Jurisprudence, Joon-Seok Park Conclusion, Jeong-Oh Kim
Jeong-Oh Kim is Professor at Law School, Yonsei University. He received B.A. and M.A. in law from Yonsei University in Korea and S.J.D. degree from University of Wisconsin-Madison. He served as the president of the Korean Association of Legal Philosophy and as the president of the Korean Association of Legal Sociology. Also he was a dean of Yonsei Law School. He published many articles on critical legal studies and social theories of law, and conducted empirical researches on civil litigation and public litigation to reveal the changing trend of Korean legal culture. Hak-Tai Kim is Professor at Law School, Hankuk University of Foreign Studies. He received Dr. iur. from University of Saarbruecken in Germany. He served as the president of Korean Association of Legal Philosophy and as Senior Vice President of Financial and External Affairs at Hankuk University of Foreign Studies. He published several books in Korea: Time of Life and Human Dignity in Modern Medical Science; Interpretation and Application of Law; Law and Truth. Joon-Seok Park is Professor at Law School, Jeonbuk National University. He received Ph.D. from Seoul National University and served as research director of Korean Association of Legal Philosophy. He published several books in Korea; Making Law Intelligible--Essays in Legal Ideas; The Concept of Authority. Dong-Ryong Shin is Professor at School of Law, Kangwon National University. He received Ph.D. from Yonsei University. He served as the general secretary of Korean Association of Legal Philosophy. He spent a year as a visiting scholar at College of Law, Exeter University in the United Kingdom. He published articles on communitarianism, copyright and western legal philosophy of middle age.