법의 본질에 관한 연구 ―법(자)에 대한 순종성을 중심으로―

Abstract

After the Supreme Court holds the final Judgement in the name of Law, the interested parties should obey the judgement. It is a character of Law. The Obedience toward the Law. What is the Origin of this Character. The advent of “法(Fa)” was a academic incident in light of legal history society. It was the Age of Warring States that the Chinese character Fa(法) “法(Fa)” ranked among the Norms. At the time of entrance, ethos was that they needed new noble standard, in the one hand, and strong ruling device, in another hand. The Chinese character “法(Fa)” met the requirements. The Chinese character “法(Fa)” contained different 2 meanings, one was “support(效)”, another was “destroy(廢)”. The chinese legal positivism(法家) at that time satisfied with the opposite different meanings. They took the Chinese character “法(Fa)” in order to reflect their idea. It was the first time of appearance of “法(Fa)” that was so called as the origin of Chinese law that meant “ruling device”. New theory are put forward. When the God predicted through the Rite, the officiating priests carried out the predictions the those who participated the ceremonial rite. In the performance of rites there were the kinds of Structure. The one was a mental structure. The another was a behavior structure. We called it as a Structure of Oracle. The Chinese character Fa(法) also had the same two structures. As was the case with the Fa, it had the obedience as well. The Fa obtained the power of obedience of Divine Message. This is the reason why those who have something to do with a suit obeyed the consequence of action blindly.