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Author : Jongryn Mo,David W. Brady
Publisher : Hoover Inst Press
Page : 204 pages
File Size : 54,9 Mb
Release : 2009
Category : History
ISBN : 0817948929
Essays detail obstacles that must be overcome and offers suggestions on what can be done to fully implement the rule of law in South Korea's fledgling democracy and market economy.
Author : Tae-gyu Yun
Publisher : Routledge
Page : 272 pages
File Size : 50,8 Mb
Release : 1990
Category : Constitutional history
ISBN : UCAL:B4965011
This book provides an analysis of South Korean constitutional history since 1948. It furnishes an overview of the cultural and political context of Korean legal institutions, and it evinces an understanding of competing theories of the Rule of Law. The author provides an account of many important institutional transformations, including detailed discussions of Korean Supreme Court cases.
Author : Jongryn Mo,David W. Brady
Publisher : Hoover Press
Page : 240 pages
File Size : 50,5 Mb
Release : 2013-09-01
Category : Political Science
ISBN : 9780817948931
Expert contributors examine the challenges of fully implementing the rule of law in South Korea's fledgling democracy and market economy. The expert contributors detail the obstacles that must be overcome, such as corruption in politics and corporate governance and a deep-rooted cultural indifference to the rights of the individual, and offer suggestions on what can—and what should not—be done.
Author : Hyunah Yang
Publisher : Edward Elgar Publishing
Page : 254 pages
File Size : 42,7 Mb
Release : 2013
Category : Law
ISBN : 9781781953631
ÔAs dynamic as legal change has been in South Korea, it has also been understudied, at least until the arrival of this wonderful collection of essays. The authors, who are all leading figures in the field, demonstrate convincingly that Korean experience is relevant to many of the contemporary questions in law and society studies, including how to understand the dynamics of legal change, the role of law in development, the nature of transitional justice, and law in the postcolonial state. Every law and society scholar should read this book.Õ Ð Tom Ginsburg, University of Chicago, US This book sets out a panoramic view of law and society studies in South Korea, considering the factors that have made this post-colonial war-torn country economically and politically successful. The contributors examine societal and historical conditions that are reflected in Ð or that were shaped by Ð the law, through a variety of lenses; including law and development, law and politics, colonialism and gender, past wrongdoings, public interest lawyering, and judicial reform. In dismantling the historical specificity of the way in which Korea studies are universally framed the contributions provide novel views, theories and information about South Korean law and society. Incorporating various perspectives and methodologies, and demonstrating a finely crafted application of general theory to specific issues, this compendium will prove insightful to law scholars and researchers looking to widen their perspective and broaden their knowledge on law and society in Korea. Law practitioners whose practice requires knowledge of the Korean legal system will also find plenty of information in this authoritative book.
Author : Marie Kim
Publisher : BRILL
Page : 282 pages
File Size : 47,9 Mb
Release : 2015-12-23
Category : Law
ISBN : 9789004306011
The first book on Korean legal history in English written by a group of leading scholars, The Spirit of Korean Law examines the developments of Korean law from the Chosŏn to colonial and modern periods from the perspective of comparative legal traditions.
Author : Dae-Kyu Yoon
Publisher : Unknown
Page : 247 pages
File Size : 45,5 Mb
Release : 1990
Category : Constitutional history
ISBN : 0813312272
Author : Government of the Republic of Korea
Publisher : Good Press
Page : 52 pages
File Size : 45,8 Mb
Release : 2021-04-10
Category : History
ISBN : EAN:4064066467364
The Constitution of the Republic of Korea is the highest law of South Korea. It was put into effect on July 17, 1948, and was last revised on October 29, 1987. The preamble of the Constitution states that it was established in the spirit of "upholding the cause of the Provisional Republic of Korea Government."
Author : Chong-go Ch'oe
Publisher : 서울대학교출판부
Page : 552 pages
File Size : 54,7 Mb
Release : 2005
Category : Constitutional law
ISBN : UOM:39015053884998
Author : Marie Seong-Hak Kim
Publisher : Cambridge University Press
Page : 363 pages
File Size : 49,7 Mb
Release : 2019-06-27
Category : Law
ISBN : 9781108474894
Discusses the judicial role in constitutional authoritarianism in the context of Korea's political and constitutional transitions.
Author : Jeong-Oh Kim,Hak Tai Kim,Joon-Seok Park,Dong-Ryong Shin
Publisher : Taylor & Francis
Page : 118 pages
File Size : 52,8 Mb
Release : 2022-10-21
Category : Philosophy
ISBN : 9781000772975
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.
Author : Korea Legislation Research Institute
Publisher : Springer Science & Business Media
Page : 314 pages
File Size : 42,8 Mb
Release : 2012-11-27
Category : Law
ISBN : 9783642316890
As a result of globalization, the barriers between countries are coming down. There is more interaction between countries than ever and mutual understanding and communication have become essential considerations. In such an atmosphere, the Korea Legislation Research Institute has published this book to spread awareness of outstanding Korean law and of its legal system throughout the globe, as the authoritative sources of legal information for other countries. This book explains Korean law in nine chapters that focus on its distinguishing aspects. The nine authors who have participated are all prominent scholars who have contributed their expertise to the project.
Author : Laurent Mayali,John Yoo
Publisher : Robbins Collection
Page : 212 pages
File Size : 51,5 Mb
Release : 2014-04
Category : Constitutional law
ISBN : 1882239229
This volume is the first in a series of comparative studies that focuses on Korea's legal system and its political institutions under the sponsorship of the Korea Law Center at UC Berkeley Law School. Korea has experienced an astonishing pace of legal reforms within an interval of two generations. The collapse of the authoritarian regime started an irreversible process of democratization that has not yet completed its full course. The papers included in this volume cast new lights on the challenges and institutions that define the substance and the structure of current legal reforms. Although it is not the purpose of this volume to provide a comprehensive report on the current state of Korean law, the selective range of the themes is not a simple happenstance. It is representative of the current political debate which echoes the Korean society's determination to resolve the paradoxes of its legal tradition and overcome the trials of its democratic aspirations.
Author : Elaine Scarry
Publisher : MIT Press
Page : 219 pages
File Size : 46,7 Mb
Release : 2010-04-02
Category : Political Science
ISBN : 9780262265775
A passionate call for citizen action to uphold the rule of law when government does not. This book is a passionate call for citizen action to uphold the rule of law when government does not. Arguing that post-9/11 legislation and foreign policy severed the executive branch from the will of the people, Elaine Scarry in Rule of Law, Misrule of Men offers a fierce defense of the people's role as guarantor of our democracy. She begins with the groundswell of local resistance to the 2001 Patriot Act, when hundreds of towns, cities, and counties passed resolutions refusing compliance with the information-gathering the act demanded, showing that citizens can take action against laws that undermine the rights of citizens and noncitizens alike. Scarry, once described in the New York Times Sunday Magazine as “known for her unflinching investigations of war, torture, and pain,” then turns to the conduct of the Iraqi occupation, arguing that the Bush administration led the country onto treacherous moral terrain, violating the Geneva Conventions and the armed forces' own most fundamental standards. She warns of the damage done to democracy when military personnel must choose between their own codes of warfare and the illegal orders of their civilian superiors. If our military leaders uphold the rule of law when civilian leaders do not, might we come to prefer them? Finally, reviewing what we know now about the Bush administration's crimes, Scarry insists that prosecution—whether local, national, or international—is essential to restoring the rule of law, and she shows how a brave town in Vermont has taken up the challenge. Throughout the book, Scarry finds hope in moments where citizens withheld their consent to grievous crimes, finding creative ways to stand by their patriotism.
Author : Chaihark Hahm
Publisher : Bloomsbury Publishing
Page : 249 pages
File Size : 51,7 Mb
Release : 2024-04-18
Category : Law
ISBN : 9781509919192
The constitutional system of South Korea is a work in progress, and this volume fleshes out and makes intelligible to foreign readers that process within the specific political and historical context of modern South Korea. The current South Korean Constitution of 1987 is the culmination of decades-long efforts by the South Korean people to achieve democratic self-government. It is the fruition of untold sacrifices made by dedicated citizens who tirelessly fought to rein in the power of the government under some form of constitutional rule. In that sense, it should be understood against the backdrop of South Korea's experimentation with constitutionalism that began at the turn of the last century. Yet, it also represents a radical break, the beginning of a new era which ended a long political history of 'constitution without constitutionalism'. For the first time in the history of the South Korean nation, the constitution has become a living norm rather than an ornament, or a façade, for illegitimate or ineffectual governments. It has proven to be a binding law that matters not only for government leaders but also for private individuals. With the adoption, especially, of a system allowing the adjudication of constitutional issues at an independent court, the people have begun to realise that the constitution can be invoked to protect their rights and advance their interests. As a result, the South Korean Constitutional Court is being stretched to its limits with a great number of cases filed at its docket. This book is an insightful new addition to Hart's successful series, Constitutional Systems of the World.
Author : Tom Ginsburg
Publisher : Routledge
Page : 273 pages
File Size : 40,9 Mb
Release : 2004-03-01
Category : Political Science
ISBN : 9781134326792
Law in Korea has historically been viewed as merely a tool of authoritarian rule, but since the transition to democracy in 1987 it has served a more important and visible role as a force for social change. With contributions from leading US and Korean scholars, Legal Reform in Korea explores this response to domestic and international pressures, applying a socio-legal perspective to both legal practices and the legal institutions themselves, which have become a major political issue throughout the developing world. An invaluable resource for students of Asian law and Korean studies.