Suchergebnisse

The theoretical foundation of Joseon Neo-Confucianism, which started with the theory of the Principle and Material Force (Seongriseol), seeks for the fundamental values of all things in the universe by means of the theories of Cosmology (Ujuron) and Mind and Nature (Simseongron). The theory of Self-Cultivation (Suyangron) pursues ideal character training to reach the ultimate Noble Gentleman's (Gunja) status; then established the theory of Fidelity (Yiriron), which stresses moral practice against injustice. These theories functioned organically with the theory of Ritual Formalities (Yeseol) and the theory of Statecraft Ideas (Gyeongseron), deeply rooted in Democentrism (Minbonjuyi), in order to realize Confucian ideas as methodological indicators. The theory of Four Beginnings and Seven Emotions (Sadanchiljeongron) extended to be the theories of the Principle's Dominance (Juriron) and Material Force's Dominance (Jugiron). Likewise, the theory of Sameness-Difference of Human Nature and Material Nature (Inmulseong Dongiron) became the Horak debates, which formed the Neo-Confucian academic genealogies of the Joseon dynasty.

Once considered almost exclusively to be the domain of legal scholars, Joseon dynasty criminal law is recently attracting increasing attention from social, political and intellectual historians of Korea. Despite often reaching opposing conclusions on the characteristics of Joseon legal culture, historians and legal scholars share a strong focus on the dominating role of Confucian ideology. While acknowledging the importance of Confucianism for Joseon statecraft, this paper argues that in actual statecraft and the application of the law, this ideology was negotiated with the perceived needs of the state. The focus of analysis is the relationship between the judicial process—investigation, interrogation and punishment—and cosmological, ideological and cultural notions related to the body. The purpose is to show the tension between the state need to maintain the system and uphold social order (as defined by the state) and the need for the state itself to adhere to the basic principles of the ideology that underpinned this system. Addressing the role of law and punishment in statecraft, the analysis is based on a theoretical framework that combines a conflict-based understanding of society with one that is consensus-based. While on the one hand the violation of notions related to the body was the purport of punishment when dealing with the most severe crimes against the state and its ideology, we can also see how such notions influenced the discourses on penal benevolence, torture and exhumation, whilst partly constituting the reason why some forms of torture were prohibited.

After the Battle of Sarhu, Gwanghaegun (光海君) made contacts with the Later Jin according to the situation. There was a heated debate among the Joseon Kings and ministers about whether to communicate with the Later Jin. For the Joseon politics, this incident involves not only the diplomatic debate between "Shi Da" (事大) and "Jiao Lin" (交邻), but also the political struggle between the parties and the rulers and ministers.