Introduction

Abstract

The four authors of this book reveal how the philosophy of law – the foundation of legal systems – has developed and played a role in Korea’s modern history. Following liberation from Japanese imperialism at the end of World War II, the country suffered the Korean War (1950–1953), leaving it economically backward and governed by authoritarian regimes that suppressed the rule of law for more than thirty years. However, today South Korea 1 is regarded as one of the most successful models of economic development and democratization. The authors examine the role of legal philosophy – a theoretical and contemplative discipline – during this turbulent social and historical period and Korean legal philosophers’ efforts to overcome distorted and oppressive social realities. They show these philosophers’ processes to establish a distinctive intellectual foundation to fit Korea’s legal reality while also accepting and modifying continental and Anglo-American legal philosophies. Thus, this book provides a valuable opportunity to reconsider Western legal philosophy, often evaluated through parochial and ethnocentric lenses.