우암(尤庵) 송시열(宋時烈)의 법사상 = The Legal Philosophy of Wu-Am(尤庵) Song Si-ryeol(宋時烈)

다국어 초록 (Multilingual Abstract)

Wu-Am(尤庵) Song Si-ryeol (宋時烈) was a remarkable individual in late Joseon Dynasty as a politician, Confucian scholar, and academic who exerted significant influence. This study focuses on Wu-Am’s legal philosophy.
Wu-Am developed a political ideology based on the principles of Rectification of Names(正名論) and Righteousness(義理論), emphasizing the importance of ‘Integrity(名節)’ and ‘Propriety(禮義)’. He emphasized the significance of righteousness(義) and principle(理) ‘beyond’ the actual laws and regulations, arguing that qi(氣), representing the realm of facts, and li(理), representing the realm norms, are inherently interconnected. Therefore, to Wu-Am, ‘law’ served as a crucial tool and means to uphold and embody righteousness(義) and principle(理). In this aspect, Wu-Am's legal philosophy shares similarities with Western ‘natural law theory’, which recognizes law is solely more than the sum total of existing laws and regulations.
As a practical politician, Wu-Am made numerous efforts to revise the legal system. He sought to improve the status system of slaves, advocated for laws to compel the yangban (noble class) to pay taxes, and supported the Great Unity Law(大同法), which aimed to reduce taxes to 10%. Furthermore, Wu-Am argued for the application of Zhu family ritual(朱子家禮) in cases lacking statutory provisions during the Ye-Song(禮訟) debate, indicating another resemblance to natural legalism. As a pragmatic politician, Wu-Am upheld principles of legitimacy and righteousness but also advocated for ‘flexibility(變通)’ in finding and implementing institutional improvements that were appropriate for the ‘right times(時宜)’.