15세기 초 율문 교육과 형률적 교화 모색

Abstract

This paper analyses how the Joseon government dealt with two conflicting concepts in the ruling: an ideal of realizing moral persuasion and a realistic measure of using legal punishment. As a compromise between these options, the government implemented double policies: to instruct common people about the codes and to allow reductions of sentences of some criminals. Such a measure can be called ‘Moral persuasion by legalist approaches.’<BR> By introducing the double policy, the government expected specific outcomes: to deter crime by instructing the codes, and the criminals to be regretful for their wrongdoing by commuting the sentences. The double policy was carried out based on specific intentions. On the one hand, instructing the code was intended to direct commoners not to offend the law. In instructing ordinances, the government was benefited from local intellectuals’ cooperation during the reigns of King Taejong and King Sejong. On the other hand, allowing commutation to some criminals is intended to avoid severe punishment. The government hoped the criminals to be remorseful for their wrongdoing in the process of commutation. Previously, this kind of approach was applied only to elites. However, from the early Joseon period, the target of the approach was widened beyond the upper class.<BR> In conclusion, the double policy reveals the Joseon government’s initiatives for harmonizing two conflicting political ideas.