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초록

영어

After the Supreme Court holds the final Judgement in the name of Law, the interested parties should obey the judgement. It is a character of Law. The Obedience toward the Law. What is the Origin of this Character.The advent of “法(Fa)” was a academic incident in light of legal history society. It was the Age of Warring States that the Chinese character Fa(法) “法(Fa)” ranked among the Norms. At the time of entrance, ethos was that they needed new noble standard, in the one hand, and strong ruling device, in another hand. The Chinese character “法(Fa)” met the requirements. The Chinese character “法(Fa)” contained different 2 meanings, one was “support(效)”, another was “destroy(廢)”. The chinese legal positivism(法家) at that time satisfied with the opposite different meanings. They took the Chinese character “法(Fa)” in order to reflect their idea. It was the first time of appearance of “法(Fa)” that was so called as the origin of Chinese law that meant “ruling device”. New theory are put forward.When the God predicted through the Rite, the officiating priests carried out the predictions the those who participated the ceremonial rite. In the performance of rites there were the kinds of Structure. The one was a mental structure. The another was a behavior structure. We called it as a Structure of Oracle. The Chinese character Fa(法) also had the same two structures. As was the case with the Fa, it had the obedience as well. The Fa obtained the power of obedience of Divine Message. This is the reason why those who have something to do with a suit obeyed the consequence of action blindly.

목차

Ⅰ. 문제의 제기
 Ⅱ. 문자로서의 법자의 등장과 규범으로서의 법자의 등장
  1. 문자로서의 ‘法’자의 출현과 변용
  2. 규범으로서의 법자의 등장
 Ⅲ. 법자에 대한 순종성
  1. 서 언
  2. 제례와 법의 신탁구조(2중구조의 유사성)
  3. 화살에 있어서의 신탁구조와 묘족의 육형 Fa
  4. 소 결
 Ⅳ. 결 론
 ≪ 参考文献≫
 abstract

키워드

법의 기원 법의 순종성 법의 신탁구조 법의 행위구조 법의 의식구조 천원설 법가 법자자의 중국 중국법 origin of law obedience of law law of the oracle structure oracle structure of law behavior structure of law. mental structure of law. Chinese legal positivism meaning of Chinese character Fa China Chinese law 法的本质 法的顺从性 法的神托结构 法的行为结构 法的意识结构 法家 法的字义 中国 中国法

저자

• 손성 [ Sung Sohn | 동국대학교 법과대학 교수.(Faculty of Dongguk Univ. Law School.) ]

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