| Special Workshop Title: | East Asian Jurisprudence |
| Author: | Chongko Choi, Professor, Seoul National University |
| Paper Title: | East Asian Jurisprudence: A Historical Introduction |
| Abstract: | East Asian countries of
China, Korea and Japan which have a long tradition of civilization have
received the Western jurisprudence since last hundred years. The current
jurists are learning mostly the received Western legal sciences and
jurisprudence. On the other hand, there is a new phenomenon; an
awakening of “East
Asian Jurisprudence”
on the basis of their traditional value and philosophy. Due to the
language barrier, East Asian jurisprudence is least known to the Western
jurisprudential academism. As Arthur Kaufmann pointed out, the
comparative jurisprudence becomes more important in the world of legal
pluralism. This paper aims to survey the historical development of East
Asian Jurisprudence according the legal philosophers from ancient to
contemporary times.
Ancient Jurisprudence: As ancient jurisprudence, the national founding mythologies, the origin of the character law(fa in Chinese, ho in Japanese, pop in Korean) could be the starting point. And then follow the theories of law and justice of Confucius, Mencius, Xunzi, Tung Chungshu, Shang Yang, Han Fei, Li Ssu, Lao Tzu, Huai Nan Zu. Medieval Jurisprudence: Medieval age of East Asia is colored by Neo-Confucianism as so with Christianity in the West. In China, such jurisprudents should be discussed: Han Yu, Wang Anshi, Chu Hsi, Song Chi. In Korea, there were Wonhyo, Choe Chiwon, Chong Mongju. In Japan, there were such legal thinkers as Shotoku Daishi, Kitabatake Chikafusa. Modern Jurisprudence: There came a “modernity” in East Asian also since the 17th Century. In China, such thinkers could be discussed: Huang Zongxi, Gu Yanwu, Chu Shunshui, Wang Fuzhi, Dai Zhen. In Korea, Chong Tojon, Yi Hwang(Toegye), Yi I(Yulgok), Yi Chinyoung, Chong Yakyong could be numerated. In Japan, there were Fujiwara Seika, Hayashi Razan, Kumazawa Banzan, Ito Jinsai, Arai Hakuseki, Amenomori Hoshu, Miura Baien, Muro Kyuso, Ogyu Sorai, Ando Shoeki, Motoori Norinaga, Aizawa Yasushi, Yokoi Shonan. Confrontation with Western Jurisprudence: The reception of Western law and jurisprudence in the 19th Century must be dealt separately, because many intellectuals thought seriously and responded variously. In Japan, there were such frontier thinkers as Tsuda Mamichi, Nishi Amane, Fukuzawa Yukichi, Kato Hiroyuki, Ito Hirobumi, Inoue Kowashi, Mitsukuri Rinsho, Kaneko Kentaro, Hozumi Nobushige, Hozumi Yatsuka, Ume Kenjiro. In China, there were such persons like Wei Yan, Hung Hsuchuan, Chang Chitung, Shen Chiapen, Huang Tsunchien, Yan Fu, Kang Yuwei, Tan Situng, Sun Yatsen, Liang Chichao, Wu Tingfang. In Korea, there were Yi Hangno, Yu Kilchun, Suh Chaepil, Syngman Rhee. Contemporary Jurisprudence: Contemporary jurisprudence in East Asia is, in a word, a laboratory of the world jurisprudence. Among many scholars, the following jurisprudents are to be discussed. In Korea, Kim Pyungro, Ham Sokhon, Yu Chin-O, Yi Taeyong, Kim Hongsup, Ryu Kicheon, Yi Hangyong, Hwang Sandok, Hahm Pyongchoon. In Japan, Nishita Kitaro, Minobe Tatsukichi, Makino Eiichi, Tsuneto Kyo, Watsuji Tetsuro, Tanaka Kotaro, Ono Seiichiro, Otaka Tomoo, Kawashima Takeyoshi, Noda Yoshiyuki, Maruyama Masao. In China, Shen Chunju, Tung Piwu, Fung Yulan, Wu Chingshiung, Shen Zongling, Ma Hanpao. Conclusion: It is not easy to systemize the East Asian jurisprudence. It needs not to be identical with Western jurisprudence. But it should not be exclusive and dogmatic. Confucianism is the most influential background of East Asian jurisprudence, but a formal Confucian jurisprudence like Islamic jurisprudence is not formed and perhaps not desirable. Frankly, East Asian jurisprudence is forming now actively in the cooperation of the Chinese, Japanese and Korean scholars in pursuit of an “East Asian Common Law(Jus Commune)”. |
This page was last updated on: 2003-05-04.