조선여성의 법-감정 서사를 통해 본 ‘법 너머의 정의’ 담론 : 김씨 부인 <상언>의 ‘이봉상 사건’ 이해를 중심으로

Abstract

This paper examines the law-emotional narrative of Joseon Dynasty woman, recognizing that issues related to law and justice should be made in consideration of individual experiences, emotions, situations, and contexts. In general, the argument that emotions can be involved in law and justice is understood to be controversial, but justice is difficult to be fully realized when emotions, experiences, situations, and contexts are not engaged. This is because individual specificity is ignored when judgments are solely based on objectivity and universality, and in turn, this eventually cannot reach the concept of justice as fairness. This paper discusses these issues by paying attention to the way the ‘Lee Bong-Sang case’ is handled in Mrs. Kim’s Sang-Eon, and it is analyzed based on the difference between the appeals of Lee Ik-Myeong and the positions of the court credentials recorded in the Annals of the Joseon Dynasty. In addition, in reading with multiple perspectives that understand the same event, the paper reflects on the characteristics of Mrs. Kim’s Sang-Eon, namely the perspective of contextual-reasoning that emphasizes the situation, context, emotions, and experiences of the event, and the meaning and effect of the point at which it shakes the public/private dichotomy while supporting the position of the relatives. By discussing in such matters, the paper reveals the scenes in which the legal-emotional narrative of Joseon women uses various arguments without being shallow, and through this, I provide a logical basis for reimagining the relationship between law, justice, and emotion. Thus, it is suggested that the issue of law and justice should not just remain in the dimension of judgment of sin, punishment, and right and wrong, but should be made through a method of recognition for others.