근대의 국제질서 재편에 대한 법적 이해 = 법의 계수에 대한 비교법적 시론

다국어 초록 (Multilingual Abstract)

An international order had been reorganized in nineteenth century. In this process, feudal system in medieval times had been broken down. It has usually been explained that this change had been made by the development of commerce after the Industrial Revolution. However, we might read the meaning of this landmark change in the context of legal development beyond economic understanding. Specially focusing on the reception of law and legal system which were armed with free will theory, we can fully understand the change of international order in the modern period, because rights theories and property theories justified by free will legal thought normatively supported laissez-faire capitalism and new world trade system. For example, new modern economic empires like U.K. as core countries in the world system had distributed law and legal system of free will thought to economic colonies of periphery of the world system to continue world laissez-faire trade system. Under this cycle, the modern world system had set in by this enforced reception of law led by economic powers of core countries. In sum, the reception of law of free will theory in the modern period should be regarded as one of the critical frames to understand the change of international order in nineteenth century.

목차 (Table of Contents)

• Ⅰ. 들어가는 말: 근대 국제 질서의 이해를 위한 새로운 관점: 전 세계적인 법의 계수
• Ⅱ. 근대의 정치ㆍ경제적 상황 : 제국의 패러다임
• Ⅲ. 제국 유지의 규범적 도구로서의 법
• Ⅳ. 근대의 법의 계수의 세 가지 양태
• Ⅴ. 맺음말
• 참고문헌
• 〈Abstract〉

참고문헌 (Reference)

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