商鞅의 法治思想 硏究

Abstract

Regarding application and effect of law in law reformation that Shang Yang mentioned, this article is to accurately clarify the concept of law and its application scope and to indicate its comprehensive limits within based on Shang Yang's Shang Jun Shu (商君書). However, since Shang Jun Shu does not clearly define the meaning of law, this article casts light mainly upon law-related parts of Shang Jun Shu and the following is obtained from the research. In other words, this study primarily looks into fields of the generic term of legal provisions, law with a certain range and target and legislative system encompassing institutional aspects. This article also explains that these fields should be with necessary measures taken in advance by sovereign upon its management. Promulgation of law should basically be done before enforcing the law and it clarifies the fact that the law should be notified to all people to make them thoroughly understand legal provisions, contents and practice. It also mentions that after the promulgation, sovereign and government officials find it much easier to enforce the law. Around the aforementioned discussions, this article claims that rule of law that Shang Yang presented is the most ideal explanation for application and effect of law. As to Shang Yang's idea with rule of law above, this article is to discuss meaning, contents and implementation of law.