Philosophy of Law in Korea

Philosophy of Law in Korea

Author: Jeong-Oh Kim

Publisher: Taylor & Francis

Published: 2022-10-21

Total Pages: 118

ISBN-13: 1000772977

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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.


Developmental State Building

Developmental State Building

Author: Yusuke Takagi

Publisher: Springer

Published: 2019-01-18

Total Pages: 200

ISBN-13: 9811329044

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This open access book modifies and revitalizes the concept of the ‘developmental state’ to understand the politics of emerging economy through nuanced analysis on the roles of human agency in the context of structural transformation. In other words, there is a revived interest in the ‘developmental state’ concept. The nature of the ‘emerging state’ is characterized by its attitude toward economic development and industrialization. Emerging states have engaged in the promotion of agriculture, trade, and industry and played a transformative role to pursue a certain path of economic development. Their success has cast doubt about the principle of laissez faire among the people in the developing world. This doubt, together with the progress of democratization, has prompted policymakers to discover when and how economic policies should deviate from laissez faire, what prevents political leaders and state institutions from being captured by vested interests, and what induce them to drive economic development. This book offers both historical and contemporary case studies from Japan, South Korea, Taiwan, Singapore, Indonesia, Malaysia, Myanmar, Ethiopia, Kenya, and Rwanda. They illustrate how institutions are designed to be developmental, how political coalitions are formed to be growth-oriented, and how technocratic agencies are embedded in a network of business organizations as a part of their efforts for state building.


New Korean Wave

New Korean Wave

Author: Dal Jin

Publisher: University of Illinois Press

Published: 2016-03-15

Total Pages: 233

ISBN-13: 0252098145

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The 2012 smash "Gangnam Style" by the Seoul-based rapper Psy capped the triumph of Hallyu , the Korean Wave of music, film, and other cultural forms that have become a worldwide sensation. Dal Yong Jin analyzes the social and technological trends that transformed South Korean entertainment from a mostly regional interest aimed at families into a global powerhouse geared toward tech-crazy youth. Blending analysis with insights from fans and industry insiders, Jin shows how Hallyu exploited a media landscape and dramatically changed with the 2008 emergence of smartphones and social media, designating this new Korean Wave as Hallyu 2.0. Hands-on government support, meanwhile, focused on creative industries as a significant part of the economy and turned intellectual property rights into a significant revenue source. Jin also delves into less-studied forms like animation and online games, the significance of social meaning in the development of local Korean popular culture, and the political economy of Korean popular culture and digital technologies in a global context.


Regime Transition and the Judicial Politics of Enmity

Regime Transition and the Judicial Politics of Enmity

Author: Justine Guichard

Publisher: Springer

Published: 2016-04-08

Total Pages: 263

ISBN-13: 1137531576

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Among the societies that experienced a political transition away from authoritarianism in the 1980s, South Korea is known as a paragon of 'successful democratization.' This achievement is considered to be intimately tied to a new institution introduced with the 1987 change of regime, intended to safeguard fundamental norms and rights: the Constitutional Court of Korea. While constitutional justice is largely celebrated for having achieved both purposes, this book proposes an innovative and critical account of the court's role. Relying on an interpretive analysis of jurisprudence, it uncovers the ambivalence with which the court has intervened in the major dispute opposing the state and parts of civil society after the transition: (re)defining enmity. In response to this challenge, constitutional justice has produced both liberal and illiberal outcomes, promoting the rule of law and basic rights while reinforcing the mechanisms of exclusion bounding South Korean democracy in the name of national security.


Nouveau-riche Nationalism and Multiculturalism in Korea

Nouveau-riche Nationalism and Multiculturalism in Korea

Author: Gil-Soo Han

Publisher: Routledge

Published: 2015-09-07

Total Pages: 202

ISBN-13: 1317670604

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The unprecedented economic success of South Korea since the 1990s has led in turn to a large increase in the number of immigrants and foreign workers in Korean industries. This book describes and explains the experiences of discrimination and racism that foreigners and ‘new’ Koreans have faced in a multicultural South Korea. It looks at how society has treated the foreigners and what their experiences have been given that common discourse about race in Korea surrounds issues of Korean heterogeneity and pure blood nationalism. Starting with critiques of Korean scholarship and policy framework on multiculturalism, this book argues for the need to revisit the most fundamental aspect of multiculturalism: the host population’s ability to respect new comers rather than discriminate against them. The author employs a critical realist understanding of racism and attempts to identify long-lasting institutional factors which make Korean society less than welcoming ‘new’ or temporary Koreans. A large number of new reportages are identified and systematically analysed based on the principles of grounded theory method. The findings show that nouveau-riche nationalism and pure-blood nationalism are widely practised when Koreans deal with ‘foreigners’. As a newly industrialised and highly successful nation, Korean society is still in transition and treats foreigners according to economic standard of their countries of origin. As one of the very first books in English about foreigners’ experiences of Korean nationalism, multiculturalism and discrimination, it will be of great interest to students and scholars of Sociology, Ethnic studies, Asian studies, Korean studies, Media studies and Cultural studies.


The Real North Korea

The Real North Korea

Author: Andrei Lankov

Publisher: Oxford University Press

Published: 2015

Total Pages: 350

ISBN-13: 0199390037

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In The Real North Korea, Lankov substitutes cold, clear analysis for the overheated rhetoric surrounding this opaque police state. Based on vast expertise, this book reveals how average North Koreans live, how their leaders rule, and how both survive


The Law and Critical Discourse Studies

The Law and Critical Discourse Studies

Author: Le Cheng

Publisher: Taylor & Francis

Published: 2023-10-24

Total Pages: 135

ISBN-13: 1000984885

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This book provides a range of highly accessible approaches from Discourse Studies for analyzing legal language in legislation, documents, proceedings and in news media reporting. In this insightful volume, scholars from both Law and Linguistics come together to provide a range of approaches from Discourse Studies for analyzing legal language in legislation, documents and proceedings and in news media reporting. The book begins with tackling exactly why such approaches are hugely helpful and valuable for understanding the nature of legal language and how it is used. The chapters, written in an accessible manner, show how discourse analysis can be used to throw light on the ideas and values which can be buried in legal language. The book provides a valuable resource for researchers wishing to carry out their own research or for use in teaching. The Law and Critical Discourse Studies will be a key resource for academics, researchers, and advanced students of law, language and linguistics, discourse studies, sociology, and media and cultural studies.This book was originally published as a special issue of the journal Critical Discourse Studies.


Current Issues in Korean Law

Current Issues in Korean Law

Author: Laurent Mayali

Publisher: Robbins Collection

Published: 2014-04

Total Pages: 212

ISBN-13: 9781882239221

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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.