Confucian Ethical Belief In Joseon Law

Under the influence of Confucianism,the Joseon Dynasty(1392-1910) on the Korean Peninsula makes its law a part of traditional Chinese Legal System.The Confucianism,especially the part a theory how people should play their role in their families and the country which we call it "gang chang lun li" in it, is so valued by the Joseon Dynasty that it even have a higher position in Joseon than in Ming.How the importance of Confucianism reflect in the law of Joseon is that Joseon use its law as serious as it can to maintain Confucianism’s position.Any view has foundation in Joseon society which is against the Confucianism would be suppressed, while the views haven’t too much conflict with Confucianism and those who even had been absorded by Confucianism would be ignored or regard as a part of Confucianism in the law.Through these circumstances we can see how Confucian ethical belief is protected in Joseon law and the importance of it.The punishment named "po jia zhu ze" which means ruin one’s residence into a pool is used as one kind of supplementary punishment after the principal punishment in Joseon.It’s a uncommon punishment which as I know can only found in the law of Joseon Dynasty and Korean kingdom.The object of it is those convict who killed one of their parent or their husband or their holder if they are slave. In the peasant society of an agricultural country like Joseon, one’s residence is a special object,so this punishment can produce deterrence to people.The intent of it is to protect the Confucian ethical belief throuth legal measure.The history of its applying shows us how Joseon find historical origin and theoretical origin of its law in traditional Chinese culture,especially in Confucianism.Because of the ancestor worship,the special view of life and death in Confucian custom,and a blind faith of Fungshui, funeral and burial become an important issue.People should think it’s very important to bury their dead relatives by Confucian ceremony and use memorial ceremonies to prove they regard the deads as alive people,or they would be punished.The law of Ming Dynasty can’t meet Joseon’s need,so Joseon published their own law as supplement.These clauses is about protecting those whose funeral and burial meets Confucian ethical belief and punish the behaviours that infringed other’s funeral and burial rights.They would protect the Confucian ethical belief in funeral and burial,reduce conflicts interrelated.Joseon government didn’t like beliefs excepting Confucianism,but they didn’t forbid Shamanism and Buddhism.They just use some clauses restrict them,put them under the manage of government,then weakened their influence,avoided the position of Confucianism being replaced.As a conclusion of the three parts above, Joseon changed its custom of using intact Chinese law,turned to add article into its own law to protect Confucian ethical belief in order to meeting the require of society custom and government dominating.These articles contain measures that keep the dominate of Confucianism and clauses that punish those who go against the Confucian ethical belief.We can learn something from Joseon’s these act:In the law transferring,we should take more care of the specific conditions of our own state.Law and belief can affect each other,reinforce both of their influence.At the last,maybe we should ponder how can we absord the advantages of Confucianism and use them to construct our law nowadays.