전통법문화에서 법과 그물의 비유- ‘法網’의 역사 유래와 철학 정신 -

Abstract

The metaphor of the net of law has a tradition of thousands of years in East Asia. This article studies it esp. its historical origin and philosophical wisdom with East Asian classics & historical records. Firstly, it makes the advent of net & its origin clear. Secondly, it researches the importance of net in the policy of measures urgently needed to stabilize the people’s livelihood. Thirdly, it investigates metaphors of net in the governing the people & improvement of people’s health. Fourthly, it looks into the metaphor of the net of law & its characteristics. The net of law emerged from the net, and was compared to fundamental principles of official constitutional government. So it appreciates the metaphor concerning the objectivity of legalism and necessary means of net & law. Fifthly, it traces the historical development of the metaphor of the net of law with East Asian classics and Chinese & Korean historical records. Sixthly, it meditates the metaphor of ‘the net of Heaven[Nature, God]’ of Lao-zi[老子] and its various meanings in historical development. Seventhly, it reflects on philosophical significance & spiritual wisdom in the metaphor of the net of law. Eighthly, it surveys wise sayings & witty remarks on three-point covenant & the deterioration of official discipline. Lastly, it introduces the metaphor of the net of dharma in religious Scriptures in brief. In conclusion, the secular net of law principally indicates the function of separating criminals from society, but the religious net of dharma signifies the meaning of saving mankind from the sea of life and death. It is to be wished that the spiritual wisdom in the metaphor of the net of law would be invaluable reference & help to the critical succession & development of our present legal system, and both government & individuals make constant efforts for progress of our legal culture.