Responsable: Frank Muyard

École française d'Extrême-Orient
Institute of History and Philology
Academia Sinica, Nankang 11529
Tel: +886 2 2652 3177 / 2782 9555 #275
Fax: +886 2 2785 2035

Seminar: Frédéric Constant
09 MARCH 15
Prof. Frédéric Constant
(Associate Professor, University of Paris X Nanterre, France)

(The Spread of Chinese Traditional Law in East Asia: Example of the Korean Law in the 18th Century)

Monday, March 9, 2015, at 2 p.m.

Room 701, Research Building, IHP, Academia Sinica
No. 130, Sec. 2, Academia Road, Nankang, Taipei City

Korea and China shared a common legal system for several centuries, after King Taejo (reign 1392–1398) set up state institutions on the Chinese model to rule the Chosŏn dynasty (1392-1897).  Since the beginning of the dynasty, Chinese law remained a cornerstone of Korean legal institutions. The Chosŏn’s first dynastic code, the Kyŏngje yukchŏn (Six Codes for Governing the State), promulgated in 1397, already reflected the influence of the Great Ming Code. Since then, to conform to social needs, the Great Ming Code was progressively revised and replaced both in Korea and China. Many of these revisions originated from royal edicts and judicial decisions (tiaoli) so that the study of the nature of the circulation of law between China and Korea also requires focusing on the way major institutions of both countries interpreted and implemented statute law. To avoid injustices that could have endangered the destiny of the dynasty, China and Korea set up a judicial review of important decisions, particularly those that sentenced a criminal to death, and praised a cautious implementation of punishments. Collections of cases adjudicated during these review process provide us an important material to study how the judicial authorities of the two countries were implementing a statute law which stems from the Great Ming Code. In my presentation, I will focus on homicide cases to conduct such a comparative study. 

(The seminar will be held in Chinese and chaired by Paola Calanca, Director of the EFEO Taipei Center, and Chen Hsi-yuan, Associate Research Fellow of the IHP, Academia Sinica. Registration in not required.)