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After the Participatory Government, as the issue of Constitutional law in Korean democracy has risen as an important political agenda, studies on constitutionalism became popular. In these atmospheres, with the core values of the constitutionalism, some studies attempted to explain the reason that Joseon Dynasty had lasted successfully for longtime. Those researchers conceptualized it as ‘Confucian Constitutionalism’. Modern Western Constitutionalism fixes its core value on ‘restraint of arbitrary power through constitution’, similarly researchers of ‘Confucian Constitutionalism’ extend these arguments from it to Joseon Dynasty through the discovery of substitutes which had similar function with constitution.
Focusing on political contexts of the early Joseon Dynasty period, the time of founding the dynasty’s political system and establishing ‘Gyeonggukdaejoen(經國大典)’ system, this study aims to review critically on this ‘Confucian Constitutionalism’. For this, firstly, we will review the theoretical grounds for the ‘Confucian Constitutionalism’ which stands for the position of ‘restraint’ and ‘balance’(Chapter 2). Secondly, we will attempt to scrutinize ‘the Rule of Li(禮治)’ that was conceptualized the politics of the Joseon Dynasty which legislated ‘Li(禮)’ of Confucianism (Chapter 3). Next, we will research on both historical and ideological backgrounds for the normalization of royal authority and its systematic materialization in the early Joseon Dynasty period(Chapter 4). Finally, on the completing process that the rulers of Joseon had institutionalized Ren(仁), Li(禮) and Fa(法) in order to display their normalized royal authority, we will conceptualize it as ‘the Principle of Heon-Zhang(憲章主義)’(Chapter 5).
Focusing on political contexts of the early Joseon Dynasty period, the time of founding the dynasty’s political system and establishing ‘Gyeonggukdaejoen(經國大典)’ system, this study aims to review critically on this ‘Confucian Constitutionalism’. For this, firstly, we will review the theoretical grounds for the ‘Confucian Constitutionalism’ which stands for the position of ‘restraint’ and ‘balance’(Chapter 2). Secondly, we will attempt to scrutinize ‘the Rule of Li(禮治)’ that was conceptualized the politics of the Joseon Dynasty which legislated ‘Li(禮)’ of Confucianism (Chapter 3). Next, we will research on both historical and ideological backgrounds for the normalization of royal authority and its systematic materialization in the early Joseon Dynasty period(Chapter 4). Finally, on the completing process that the rulers of Joseon had institutionalized Ren(仁), Li(禮) and Fa(法) in order to display their normalized royal authority, we will conceptualize it as ‘the Principle of Heon-Zhang(憲章主義)’(Chapter 5).
목차
Ⅰ. 머리말
Ⅱ. 이른바 ‘유교적 헌정주의’
Ⅲ. 이른바 ‘예치(禮治)’
Ⅳ. 조선 초기 왕권의 정상화
Ⅴ. 헌장주의(憲章主義)
Ⅴ. 맺음말
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UCI(KEPA) : I410-ECN-0101-2014-910-001280177