We know that Criminal Procedure in Yi Dynasty were the law with distinction of rank or class and irrespective of sex. This is to make a mistake because we do not measure that by with the view of the times. It is rather a graduation than an inequality.
In Yi Dynasty, they established order on the basis of Confucianism.. Classification and specialization are important factors of the Confucian order. Therefore duty and right of everyone differ with rank and sex. And Criminal Procedure were different.
It is appears to allow treatment discriminately but there is not a wide difference between a high and a low social position. The nation gave the high social position a special benefit, because each of him should fulfill his own duties. And a corrupted official was punished severely.
The Confucian order of the family is the order of rank, too. Therefore that a junior accused a senior of a crime was prohibited by law. But, if a senior violate a junior's property, a junior can accuse a senior with a father exception.
Criminal Procedure in Yi Dynasty was not divided from Criminal Law. It was provided in the form that official who did not abide by Criminal Procedure was punished with Criminal Law. Yi Dynasty took care of a prisoner at the jail and investigated a encroachment of a prisoner with the provision of this form.
A Study on Family Relationship in the Information Society and Buddhist Ethics
정보사회의 가족 관계 변화와 불교적 가족가치관의 검토
박수호 Park Su-ho
DOI: JANTVol.6(No.0) 47-80, 2002
This research made a search for change of family relationship in the information society and investigated Buddhist ethics as alternative values.
It produced new social relationship, informatisation and appearance of Computer-Mediated Communication. This change was accompanied with new family relationship. But ethics on the family relationship did not follow new change in Korea. So, it is required reestablishment of family ethics correspond to information society.
It offer significant explanation for information society, the Buddhist view of the world based on Karma(業), the theory of Dependent Origination(緣起) and The Three Universal Truths(三法印). Buddhist family ethics, such as reciprocal role and Gratitude(報恩), have an interrelationship with family relationship on the information society.
Constucting Confucian Sociology through Li-Ch'i Paradigm of Neo-confucianism
리기론적 패러다임으로 본 유교 사회학
이영찬 Lee Young-chan
DOI: JANTVol.6(No.0) 81-114, 2002
The purpose of this paper is to search the possibilities of constructing theory through the paradigm of Li-Ch’i theory of Neo-confucianism. The new sociology should be founded on the new paradigm. In this paper 'paradigm as a world view' and 'paradigm as a model or example' are sought in Li-Ch’i theory of Neo-confucianism which has a good summary of Confucian world view. And from this, the theories of methodology, social stratification, and social change are developed. The construction of theory is explained by way of subjects and methods of study. Based on Li-Ch’i theory, 'Li' is regarded as 'paradigm as a world view' and 'Ch’i' is regarded as 'paradigm as a model or example', the former being used for the construction of subject of study and the latter being used for the construction of method of study. The theory of Confucian sociology is composed as follows.
(1) The subjects of the theory of methodology include the knowledge which can be attained as functions of the senses of hearing and seeing and the office of thinking and the knowledge which is originated from the mind of Jen(人心) and the mind of Tao(道心). And the methods for study include the investigation of things (which is the method of getting to knowledge) for the former and the extension of knowledge (which is the method of establishing knowledge) for the latter.
(2) The subjects of class stratification theory include the status of Li which is labelled by virtue and talent and the status of Ch’i which is labelled by nobility and age) And the method of study shows how the idea of nobility of Heaven and man, idea of employing men of talents and virtue without regard to where they came from, and idea that virtue is the root and wealth is the result are related one another.
(3) The subjects of social change theory include transformation and change and invariability and the methods of study explains the transaction and change and transformation and change.
This theory of Confucian sociology are full of suggestions for modern sociology which is described to be in 'poverty' and 'crisis'. The methodology of Confucianism helps to overcome the duality of nature and reason, principle of things and principle of men, fact and value, knowing and apprehension in sociological knowledge. Theory of inequality gives a new perception of inequality which results from personal resource of inequality, network of kinship, power pattern of Confucianism. In addition, the theory of social change is suggestive for the discussion about the confrontation and changes in functionalism and conflict theory, and cyclical theory and evolutionary theory in modern sociology.
The Sociological Meaning of Sangha-hakpung(僧伽學風) in Korea Buddhism
한국 불교 승가학풍의 사회학적 함의
유승무 Lew Seung-mu
DOI: JANTVol.6(No.0) 113-133, 2002
This study aims to identify the sociological implications of Sangha-hakpung(僧伽學風), which is formed historically in the course of studying buddhism, educating and training a number of monks have lived in Korean buddhism. The result of this study is as follows.
Sangha-hakpung(僧伽學風) is a tradition of studying, learning, and training of monks in Korean buddhism. At the same time, it is scientific features that is taken naturally shaped in the course of succeeding the tradition and accommodating the monk-education to educational circumstances of modern age. This is made up by curriculums of Kyo-euy-hak(敎義學), Sun-ji-hak(禪旨學), Su-jeung-hak(修證學)-these are curriculums aimed at attaining of enlightment of one's own-, and Kyo-hoa-hak(敎化學)-this purpose is the establishment of ideal world(ideal society).
This natural features of Sangha-hakpung(僧伽學風) contains the inseparable relation of religion and sciences, concurrently searching for Kyo-euy-hak(敎義學) and Sun-ji-hak(禪旨學), and the unity of theory and practice. Thought these essentially have the limitation of application to training monks, also it have the several implications that may supplement the limits of sociology. its implications is followed. First, while Sangha-hakpung(僧伽學風) includes the extingishment of lust and desires and the conquest of ignorance through the experince of buddha-nature) and mind control into scientific circle, sociology regards it as what excluded. Even if this character of Sangha-hakpung(僧伽學風) may hinder the development of science, it is possible for Sangha-hakpung(僧伽學風) to supplement the limit of sociology as modern sciense. Second, Kyo-euy-hak(敎義學) grasps the relations of all beings including reason and sensitivity in the perspective of inter-dependency(緣起), Sun-ji-hak(禪旨學) is a science that tries to understand the real state of affairs going beyond language. So, Sangha-hakpung (僧伽學風) have a meaning to supplement the reason-centered science, the defect of sociology as its characteristics that we have showen above. Third, sociology is indifferent to the meditation and self-cultivation of sciologist or scholar, but Sangha-hakpung(僧伽學風), which have a character of unity between theory and practice, try to achieve its ultimate goal, namely attaining of enlightment and establishing the ideal society.
However, Sangha-hakpung(僧伽學風) have a task to have to comply with sociological studies. Especially, Sangha-hakpung(僧伽學風) have a need to introduce the scientific tools, sociological concepts and methodology.
Traditional Education, Modern Educaion and Post-Modern Education
전통 교육, 근대 교육, 탈근대 교육
정재걸 Jung Jae-geol
DOI: JANTVol.6(No.0) 133-169, 2002
The traditional education can and should be an alternative of the modern education. The traditional education aiming at self-realization can replace the modern education seeking increase of productivity. The traditional education that emphasizes self-knowing can replace the modern education that emphasizes objective knowledge and information. The traditional education that encourages self-study and evaluation can replace the modern education that puts focus on knowledge-delivery and instruction. The teacher following philosophy of the traditional education, who leads learners to the mentors dwelling inside the learners themselves, can substitute for the teacher following philosophy of the modern education, who delivers knowledge to learners and helps them acquire knowledge. Schools as seminars under the influence of the traditional education can substitute for schools as factories and as markets under the influence of the modern education, where a mass of skilled manpower is produced and what to learn is chosen by learners as if goods were chosen according to their needs.
Education should encourage self-study, and study should help one change oneself and recover the real self. This is the ideal of education. Pursuing the post-modern education and trying to recover the traditional education as its prototype is an attempt to revive the spirit of education distorted by the modern education.