Marie Seong-Hak Kim
Biographic Data
| ID | 1256741 |
|---|---|
| NAME | Marie Seong-Hak Kim |
| GIVEN NAMES | Marie Seong-Hak |
| FAMILY NAME | Kim |
| SIGNATURE | KIM M S |
| AFFILIATIONS | St. Cloud State University |
| ORCID | 0000-0002-3420-9510 |
| VERIFIED | Yes |
| TOTAL WORKS | 24 |
| TOTAL CITATIONS | 6 |
| AUTHOR COUNT | 24 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1993 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 2 |
Frédéric Duval, Les Traductions médiévales des compilations de Justinien
This article was published open access under a CC BY-NC-ND licence: https://creativecommons.org/licenses/by-nc-nd/4.0
Indefensio and procedural resistance within and without the edictum perpetuum
Lenel’s alleged edicts ut oportet non defendit have significantly influenced our understanding of the consequences of indefensio . Yet, this paper challenges the reality of these edictal provisions. Addressing what might be considered as a legal gap, the praetor’s prerogatives on indefensio both within and beyond the edictum perpetuum are comprehensively reassessed. It is concluded that the praetor regulated indefensio in his edict opportunistica…
Legal pluralism that wasn’t: State and the plurality of law in late medieval and early modern Europe
Legal pluralism has seemingly become a new orthodoxy. Its core proposition is that law has no privileged relationship with the state. Students of legal history have reason for paying attention, as legal pluralism, a corollary of colonialism, has come to project back onto European history its cultural and social-scientific paradigm and arrogate to itself the role of explaining the evolution of normative orders in the continent’s past. This article…
A Turbid River of History and Law: The Procurement of Women in Imperial Japan and Colonial Korea
Japanese military brothels during the Pacific War, known as comfort stations, and the predicaments of women confined there still reverberate in public memory. Of late a growing number of scholars have called for approaching the comfort women issue from a broader historical context, linking it to Japan’s prewar state-regulated prostitution, later transplanted into its colonies, and human trafficking. This article discusses the legal frameworks of …
Colonial Compensation and the Judicial Process: South Korea–Japan Disputes Revisited
Recent disputes between the Republic of Korea and Japan over colonial compensation have dealt a severe blow to their bilateral relations. In 2018, the Supreme Court of Korea ordered two Japanese corporations to pay damages to Korean laborers who had been forced to work at their factories under Japanese rule. The judgments, which ran directly counter to the earlier rulings of the Japanese Supreme Court for the same parties, reflected longstanding …
History Is Not Destiny: Colonial Compensation Litigation and South Korea-Japan Relations
Recent colonial compensation lawsuits reflect the metamorphosis of historical grievances in collective public memory into tort claims in private law. This article provides a synthetic view of the nexus of colonial law and history in South Korea-Japan relations, focusing on cross-border litigation brought by former forced laborers and victims of sexual servitude known as "comfort women" during World War II. The concept of public policy (ordre publ…
Rites and Rights: Lineage Property and Law in Korea
This Article sets forth a historical overview of the evolution of lineage property and succession law in Korea from the premodern through contemporary times. The desire to continue the family and safeguard patrimonial integrity is arguably a universal phenomenon, but the primacy of Confucian ancestral rituals during the Chosŏn dynasty (1392-1910), combined with the indigenous kinship structure, created a distinct lineage organization and culture.…
Custom as a source of law in European and East Asian legal history
This chapter sets forth the spread of law from a comparative perspective, with emphasis on customary law in Europe and East Asia. The concept of custom as a source of law played the role of important machinery in the process of adopting a new legal system from outside. The traditional view has been that custom was the universal origin of law, emerging spontaneously in social existence, but history has shown, from medieval France through Meiji Jap…
Carmina: Livre II
Carmina: Livre II. Michel de L'Hospital. Ed. David Amherdt, Laure Chappuis Sandoz, Perrine Galand, and Loris Petris. With Christian Guerra and Ruth Stawarz-Luginbühl. Travaux d'Humanisme et Renaissance 580. Geneva: Droz, 2017. 376 pp. $106.80. - Volume 72 Issue 3
The Spirit of Korean Law: Korean Legal History in Context
This is the first book on Korean legal history in English written by a group of leading scholars from around the world. The chapters set forth the developments of Korean law from the Chosŏn to colonial and modern periods through the examination of codified laws, legal theories and practices, and jurisprudence. The contributors’ shared premise is that the evolution of Korean law can be best understood when viewed in terms of its interactions with …
Jisoo M. Kim. The Emotions of Justice: Gender, Status, and Legal Performance in Chosŏn Korea
In The Emotions of Justice: Gender, Status, and Legal Performance in Chosŏn Korea, Jisoo M. Kim sets out to demonstrate how subjects marginalized in Chosŏn, such as women and slaves, sought royal justice through petitions. Kim’s focus is not so much on the operations of law and the justice system as on the “performance of justice,” that is, “the theatrical construction of petitioning” (7, 45). The author’s thesis revolves around the emotion of wŏ…
Assimilating Seoul: Japanese Rule and the Politics of Public Space in Colonial Korea, 1910–1945 by Todd A. Henry
Reviewed by: Assimilating Seoul: Japanese Rule and the Politics of Public Space in Colonial Korea, 1910–1945 by Todd A. Henry Marie Seong-Hak Kim (bio) Assimilating Seoul: Japanese Rule and the Politics of Public Space in Colonial Korea, 1910–1945. By Todd A. Henry. University of California Press, Berkeley, 2014. xviii, 299 pages. $49.95, cloth; $49.95, E-book. Assimilating Seoul provides a microscopic examination of the city of Seoul, the Chosŏn…
Populist Collaborators: The Ilchinhoe and the Japanese Colonization of Korea, 1896–1910 by Yumi Moon (review)
Reviewed by: Populist Collaborators: The Ilchinhoe and the Japanese Colonization of Korea, 1896–1910 by Yumi Moon Marie Seong-Hak Kim (bio) Populist Collaborators: The Ilchinhoe and the Japanese Colonization of Korea, 1896–1910. By Yumi Moon. Cornell University Press, Ithaca, 2013. xiv, 296 pages. $45.00, cloth; $45.00, E-book. The Ilchinhoe was arguably the most notorious pro-Japanese group during Japan’s domination of Korea. Under the protector…
Travails of Judges: Courts and Constitutional Authoritarianism in South Korea
The judicial process in South Korea under President Park Chung Hee sets forth critical constitutional and legal-philosophical questions. Park led the promulgation of an authoritarian constitution in 1972 and ruled with broad emergency powers until his death in 1979. Under this Yusin Constitution, judges faced a positivist crisis as their capacity to protect individual rights and restrain the government was seriously impaired. Following the countr…
Discours et correspondance: La plume et la tribune II
Michel de L’Hospital. Discours et correspondance: La plume et la tribune II. Ed. Loris Petris. With the collaboration of David Amherdt. Travaux d’Humanisme et Renaissance 516. Geneva: Librairie Droz, 2013. 332 pp. $96. ISBN: 978-2-600-01592-9. - Volume 67 Issue 1
Law and Custom in Korea: Comparative Legal History
This book sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods. This is the first book in English that comprehensively studies Korean legal history in comparison with European legal history, with particular emphasis on customary law. Korea's passage to Romano-German civil law under Japanese rule marked a drastic departure from its indigenous legal tradition. The tran…
L'Hôpital's Laws
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Civil Law and Civil War: Michel de L'Hôpital and the Ideals of Legal Unification in Sixteenth-Century France
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Customary Law and Colonial Jurisprudence in Korea
Comparing the Incomparable: Local Custom and Law in Sixteenth-Century Korea and France
In the second half of the sixteenth century, prominent Neo-Confucian scholar-officials in Choson Korea formulated community compacts (hyangyak), a form of village covenants regulating local residents' social relationships. Implemented with the main goal of promoting social improvement through moral regeneration in the countryside, community compacts consisted of members of the elite yangban class but their effect reached the entire village commun…
Law and Custom under the Chosŏn Dynasty and Colonial Korea: A Comparative Perspective
A number of Korean legal historians have argued that Chosŏn Korea had a tradition of customary law and that it was suppressed and distorted by the Japanese during the colonial period. But a comparison of Korean "custom" with that in late medieval France, where the legal concept of customary law developed, reveals that custom as a judicial norm was absent in premodern Korea. The Korean "customary law" that has been postulated as a true source of p…
Christophe De Thou Et La Réformation Des Coutumes: L'esprit De Réforme Juridique Au Xvie Siècle
"Dieu nous garde de la messe du chancelier": The Religious Belief and Political Opinion of Michel de L'Hopital
Michel de L'Hopital, chancellor of France from 1560 to 1568 during the Wars of Religion, has traditionally been viewed as an apostle of religion, believing in the ideal of the freedom of conscience. L'Hopital's repeated plea that the government had to pursue the policy of granting limited freedom to Protestants because it was the only solution to civil war has not been given much credence. Historians have also mistakenly followed contemporary opi…
The Chancellors Crusade: Michel De l'HÔPital and the Parlement of Paris
THE CHANCELLORS CRUSADE: MICHEL DE L'HÔPITAL AND THE PARLEMENT OF PARIS Get access SEONG-HAK KIM SEONG-HAK KIM *University of Minnesota Search for other works by this author on: Oxford Academic Google Scholar French History, Volume 7, Issue 1, March 1993, Pages 1–29, https://doi.org/10.1093/fh/7.1.1 Published: 01 March 1993
Civil Law and Civil War: Michel de L'Hôpital and the Ideals of Legal Unification in Sixteenth-Century France
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Law and Custom under the Chosŏn Dynasty and Colonial Korea: A Comparative Perspective
A number of Korean legal historians have argued that Chosŏn Korea had a tradition of customary law and that it was suppressed and distorted by the Japanese during the colonial period. But a comparison of Korean "custom" with that in late medieval France, where the legal concept of customary law developed, reveals that custom as a judicial norm was absent in premodern Korea. The Korean "customary law" that has been postulated as a true source of p…
A Turbid River of History and Law: The Procurement of Women in Imperial Japan and Colonial Korea
Japanese military brothels during the Pacific War, known as comfort stations, and the predicaments of women confined there still reverberate in public memory. Of late a growing number of scholars have called for approaching the comfort women issue from a broader historical context, linking it to Japan’s prewar state-regulated prostitution, later transplanted into its colonies, and human trafficking. This article discusses the legal frameworks of …
Customary Law and Colonial Jurisprudence in Korea
"Dieu nous garde de la messe du chancelier": The Religious Belief and Political Opinion of Michel de L'Hopital
Michel de L'Hopital, chancellor of France from 1560 to 1568 during the Wars of Religion, has traditionally been viewed as an apostle of religion, believing in the ideal of the freedom of conscience. L'Hopital's repeated plea that the government had to pursue the policy of granting limited freedom to Protestants because it was the only solution to civil war has not been given much credence. Historians have also mistakenly followed contemporary opi…
The Chancellors Crusade: Michel De l'HÔPital and the Parlement of Paris
THE CHANCELLORS CRUSADE: MICHEL DE L'HÔPITAL AND THE PARLEMENT OF PARIS Get access SEONG-HAK KIM SEONG-HAK KIM *University of Minnesota Search for other works by this author on: Oxford Academic Google Scholar French History, Volume 7, Issue 1, March 1993, Pages 1–29, https://doi.org/10.1093/fh/7.1.1 Published: 01 March 1993
Christophe De Thou Et La Réformation Des Coutumes: L'esprit De Réforme Juridique Au Xvie Siècle
Law and Custom under the Chosŏn Dynasty and Colonial Korea: A Comparative Perspective
A number of Korean legal historians have argued that Chosŏn Korea had a tradition of customary law and that it was suppressed and distorted by the Japanese during the colonial period. But a comparison of Korean "custom" with that in late medieval France, where the legal concept of customary law developed, reveals that custom as a judicial norm was absent in premodern Korea. The Korean "customary law" that has been postulated as a true source of p…
Comparing the Incomparable: Local Custom and Law in Sixteenth-Century Korea and France
In the second half of the sixteenth century, prominent Neo-Confucian scholar-officials in Choson Korea formulated community compacts (hyangyak), a form of village covenants regulating local residents' social relationships. Implemented with the main goal of promoting social improvement through moral regeneration in the countryside, community compacts consisted of members of the elite yangban class but their effect reached the entire village commun…
Customary Law and Colonial Jurisprudence in Korea
L'Hôpital's Laws
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Civil Law and Civil War: Michel de L'Hôpital and the Ideals of Legal Unification in Sixteenth-Century France
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Law and Custom in Korea: Comparative Legal History
This book sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods. This is the first book in English that comprehensively studies Korean legal history in comparison with European legal history, with particular emphasis on customary law. Korea's passage to Romano-German civil law under Japanese rule marked a drastic departure from its indigenous legal tradition. The tran…
Discours et correspondance: La plume et la tribune II
Michel de L’Hospital. Discours et correspondance: La plume et la tribune II. Ed. Loris Petris. With the collaboration of David Amherdt. Travaux d’Humanisme et Renaissance 516. Geneva: Librairie Droz, 2013. 332 pp. $96. ISBN: 978-2-600-01592-9. - Volume 67 Issue 1
Populist Collaborators: The Ilchinhoe and the Japanese Colonization of Korea, 1896–1910 by Yumi Moon (review)
Reviewed by: Populist Collaborators: The Ilchinhoe and the Japanese Colonization of Korea, 1896–1910 by Yumi Moon Marie Seong-Hak Kim (bio) Populist Collaborators: The Ilchinhoe and the Japanese Colonization of Korea, 1896–1910. By Yumi Moon. Cornell University Press, Ithaca, 2013. xiv, 296 pages. $45.00, cloth; $45.00, E-book. The Ilchinhoe was arguably the most notorious pro-Japanese group during Japan’s domination of Korea. Under the protector…
Travails of Judges: Courts and Constitutional Authoritarianism in South Korea
The judicial process in South Korea under President Park Chung Hee sets forth critical constitutional and legal-philosophical questions. Park led the promulgation of an authoritarian constitution in 1972 and ruled with broad emergency powers until his death in 1979. Under this Yusin Constitution, judges faced a positivist crisis as their capacity to protect individual rights and restrain the government was seriously impaired. Following the countr…
The Spirit of Korean Law: Korean Legal History in Context
This is the first book on Korean legal history in English written by a group of leading scholars from around the world. The chapters set forth the developments of Korean law from the Chosŏn to colonial and modern periods through the examination of codified laws, legal theories and practices, and jurisprudence. The contributors’ shared premise is that the evolution of Korean law can be best understood when viewed in terms of its interactions with …
Jisoo M. Kim. The Emotions of Justice: Gender, Status, and Legal Performance in Chosŏn Korea
In The Emotions of Justice: Gender, Status, and Legal Performance in Chosŏn Korea, Jisoo M. Kim sets out to demonstrate how subjects marginalized in Chosŏn, such as women and slaves, sought royal justice through petitions. Kim’s focus is not so much on the operations of law and the justice system as on the “performance of justice,” that is, “the theatrical construction of petitioning” (7, 45). The author’s thesis revolves around the emotion of wŏ…
Assimilating Seoul: Japanese Rule and the Politics of Public Space in Colonial Korea, 1910–1945 by Todd A. Henry
Reviewed by: Assimilating Seoul: Japanese Rule and the Politics of Public Space in Colonial Korea, 1910–1945 by Todd A. Henry Marie Seong-Hak Kim (bio) Assimilating Seoul: Japanese Rule and the Politics of Public Space in Colonial Korea, 1910–1945. By Todd A. Henry. University of California Press, Berkeley, 2014. xviii, 299 pages. $49.95, cloth; $49.95, E-book. Assimilating Seoul provides a microscopic examination of the city of Seoul, the Chosŏn…
Custom as a source of law in European and East Asian legal history
This chapter sets forth the spread of law from a comparative perspective, with emphasis on customary law in Europe and East Asia. The concept of custom as a source of law played the role of important machinery in the process of adopting a new legal system from outside. The traditional view has been that custom was the universal origin of law, emerging spontaneously in social existence, but history has shown, from medieval France through Meiji Jap…
Carmina: Livre II
Carmina: Livre II. Michel de L'Hospital. Ed. David Amherdt, Laure Chappuis Sandoz, Perrine Galand, and Loris Petris. With Christian Guerra and Ruth Stawarz-Luginbühl. Travaux d'Humanisme et Renaissance 580. Geneva: Droz, 2017. 376 pp. $106.80. - Volume 72 Issue 3
Rites and Rights: Lineage Property and Law in Korea
This Article sets forth a historical overview of the evolution of lineage property and succession law in Korea from the premodern through contemporary times. The desire to continue the family and safeguard patrimonial integrity is arguably a universal phenomenon, but the primacy of Confucian ancestral rituals during the Chosŏn dynasty (1392-1910), combined with the indigenous kinship structure, created a distinct lineage organization and culture.…
Colonial Compensation and the Judicial Process: South Korea–Japan Disputes Revisited
Recent disputes between the Republic of Korea and Japan over colonial compensation have dealt a severe blow to their bilateral relations. In 2018, the Supreme Court of Korea ordered two Japanese corporations to pay damages to Korean laborers who had been forced to work at their factories under Japanese rule. The judgments, which ran directly counter to the earlier rulings of the Japanese Supreme Court for the same parties, reflected longstanding …
History Is Not Destiny: Colonial Compensation Litigation and South Korea-Japan Relations
Recent colonial compensation lawsuits reflect the metamorphosis of historical grievances in collective public memory into tort claims in private law. This article provides a synthetic view of the nexus of colonial law and history in South Korea-Japan relations, focusing on cross-border litigation brought by former forced laborers and victims of sexual servitude known as "comfort women" during World War II. The concept of public policy (ordre publ…
A Turbid River of History and Law: The Procurement of Women in Imperial Japan and Colonial Korea
Japanese military brothels during the Pacific War, known as comfort stations, and the predicaments of women confined there still reverberate in public memory. Of late a growing number of scholars have called for approaching the comfort women issue from a broader historical context, linking it to Japan’s prewar state-regulated prostitution, later transplanted into its colonies, and human trafficking. This article discusses the legal frameworks of …
Indefensio and procedural resistance within and without the edictum perpetuum
Lenel’s alleged edicts ut oportet non defendit have significantly influenced our understanding of the consequences of indefensio . Yet, this paper challenges the reality of these edictal provisions. Addressing what might be considered as a legal gap, the praetor’s prerogatives on indefensio both within and beyond the edictum perpetuum are comprehensively reassessed. It is concluded that the praetor regulated indefensio in his edict opportunistica…
Legal pluralism that wasn’t: State and the plurality of law in late medieval and early modern Europe
Legal pluralism has seemingly become a new orthodoxy. Its core proposition is that law has no privileged relationship with the state. Students of legal history have reason for paying attention, as legal pluralism, a corollary of colonialism, has come to project back onto European history its cultural and social-scientific paradigm and arrogate to itself the role of explaining the evolution of normative orders in the continent’s past. This article…
Frédéric Duval, Les Traductions médiévales des compilations de Justinien
This article was published open access under a CC BY-NC-ND licence: https://creativecommons.org/licenses/by-nc-nd/4.0
Political science (19 works) · Law (18 works) · Chinese history and philosophy (10 works) · History (9 works) · Colonialism (8 works) · Politics (8 works) · Philosophy (7 works) · Sociology (7 works) · Humanities (6 works) · Art (5 works)