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Cai Shen's(蔡沈) Arguments Relating to Historical Research on Punishment(刑罰考證)
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蔡沈의 刑罰考證 立論

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Type
Academic journal
Author
Kim, Jong-soo (충북대학교)
Journal
Institute Translation of Korea Classics Journal of Korean Classics No.47 KCI Accredited Journals
Published
2016.6
Pages
39 - 68 (30page)

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Cai Shen's(蔡沈) Arguments Relating to Historical Research on Punishment(刑罰考證)
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Abstract· Keywords

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Cai Shen, the Southern Song dynasty (南宋) follower of Zhuxi (朱子學派), wrote Shu ji zhuan (書集傳), a collection of commentaries on The Book of Documents(書經). The book elucidated studies of The Book of Documents and was an influential text until the first half of the Joseon dynasty. Cai Shen paid particular attention to the chapters “Shun dian” (舜典) and “Lu xing” (呂刑), annotating them with reference to historical research on the cultural institution of punishment; these annotations played a very important part in the discourse on the East Asian penal system.
Cai Shen’s historical research on punishment made the system of paying fines (贖金制) in lieu of corporal punishment a key topic. He focused on the relations between the “five punishments” (五刑) and the system of fines. In particular, he suggested that the system of paying fines in lieu of physical punishment should only be applied in cases of whipping [鞭] or caning [扑], punishments restricted to the civil service(官府) and school(學校), and not the five punishments. Cai Shen put forward a theory that punishment commutation should lower one grade(降等說) for each of the Five Punishments from moxing (墨刑) to the death penalty(大辟).
However, Park Sae-dang (朴世堂) and Jeong Yak-yong (丁若鏞) strongly criticized Cai Shen’s argument, thus beginning the end of the hegemony enjoyed by the Shu ji zhuan in the study of The Book of Documents up until that time.

Contents

〈국문초록〉
1. 서론
2. 『尙書·舜典』 제11장의 구성과 쟁점
3. 형벌고증 입론
4. 결론
참고문헌
Abstract

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UCI(KEPA) : I410-ECN-0101-2017-810-000862705