<大明律>의 性格에 대한 一考察 -儒敎的 가치체계를 중심으로-

Abstract

The part of the characteristics of "the Law of Ming Dynasty" is systematically clarified the ideology of Confucianism in the legal articles and is summarized several similarities. Here are some representative examples. The idea of etiquette of Confucianism became the main part of law. There was grade of blood relationship in the family and that of status in the society. The person who violated law in order to show his/her filial piety would be dealt with leniently; while the unfilial criminal would be punished severely. All these show that the ruler on that time tried to utilize the idea of ethics of Confucianism to govern people. In order to remedy the cruelty of law; for the elders, children, women, and disabled people, parading "external Confucianism and internal law", a policy of benevolent was applied. the patriarch (of a family or tribe) had lots of rights, while as to the inferiors and children, their duties were stressed but their rights were ignored. There was a phenomenon of "respected official but inferior common people" in carrying out law. When "the Law of Ming Dynasty" was spread to Chao Sun, there was a huge shaking not only in religion and custom, but also in ideology etc. As to the marriage formation, it was changed from "living-in son-in-law"("率 制") to "living-in daughter-in-law"("親迎制"). The system of valuing the relatives of mother's and wife's side bacame the central system in paternal society. The system of heritage's distribution was changed from equal division to inheritance of the eldest son. The system of funeral was changed from cremation of Buddhism and fast to buring and ancestral. All these changes made the society of early Chao Sun in chaos.