이항녕선생의 법사상과 문학 그리고 그 영향 ; 이항녕선생의 직분법학과 구체적 자연법

Abstract

Professor Yi Hang-Nyeong understands a law as a Role, an integration of rights and duties, in contrast with general conception of law, just a system of rights and duties. The thought of Roles is consistent with the jurisprudence of Professor Maihofer's 'Als―sein'. Also this thought has the same perspective, the ‘Jeong Myeong(正名) thought’ of Confucius, Hsunzi, or Liangqichao in the East. These ethic norms of Roles shall constitute the Concrete Natural Law as practical norms rather than legal norms. Then, Professor Yi Hang-Nyeong insists, the law has validity. A feature of his thoughts is Eastern legal philosophy based on Eastern thought and Eastern philosophy. His followers respect his perspective so that they should establish the Korean legal thought focusing on the Korean customs, history, and identity.