入關 前 淸의 법과 도리, 그리고 朝鮮

Abstract

This study focuses on how Nurhaci and Hongtaiji, monarchs of Jurchen, used law and duty to justify their rule in the early and middle 17th century. It also examines the significance of the role that the Chinese officials played in the process and describes how the law and duty of Later Jin spread across the boundaries, illustrated in the cased of Joseon, a neighboring country. Nurhaci united the divided Jurchens and tried to institute strict law enforcement. He maintained and consolidated his power through punishment and demanded father-son duty ties of those who he failed to subjugate legislatively. In his turn, Hongtaiji subdued his rivals by means of the law after his enthronement. The laws he protracted aimed at removing political rivals, while also bringing stability to the state. The Chinese officials who served Later Jin recommended using the Ming justice system, and when Hong Taiji adopted it the law became stricter. The law and duty enforced inside Later Jin gradually spread until they crossed the border with Joseon. Later Jin and Joseon began to discuss the duty for the two states through epistolary correspondence but failed to reach consensus. In the end, the relations between the two countries were determined through the war, while the Chinese officials of Later Jin were used as tools for managing the new order.