• 중국학논총
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• no.72
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• pp.161-177
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• 2021

鄧小平1978年12月在中央工作會議閉幕會上的講話中提出民主和法制問題以后, 中國共産党着力加强法制建設。最近習近平上台以后, 看來中共正試圖進一步收緊法律。中國傳統思想包括諸子百家長期存在, 對社會的各个領域都産生了影響。我認爲中國人對現代法制的認知基础是受一定的法家思想影響的。本文探討了新中國成立以來中共的加强法制的過程及与法家思想關連性。主要探討了毛澤東时代最高領袖的權力和法家思想中的統治術, 改革開放以來社會秩序的建立和法家思想尋求的大一統, '新时代中國特色'和法家思想的与时俱進的歷史觀。

• The Journal of Korean Philosophical History
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• no.36
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• pp.203-233
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• 2013

In this thesis, I consider the definition and category Huang-Lao philosophy that doesn't argue to the present in the academic world. I consider the origin and formation of Huang-Lao philosophy, in the view of combining the history of a nature and a human. I consider the origin of Huang-Lao philosophy in the Guoyu and Zuozhuan, Huang-Lao philosophy accepts open academic tradition of Jixia philosophy that has an ideological acception freely, and I consider the process of an advance and systematic theory of Huang-Lao philosophy on the basis of the four treatises of Guanzi and Hanfeizi. Also, in this thesis, I focus on the current of Huang-Lao philosophy, on the both sides. One is acception of Zhujia of Daojia the other is acception of Daojia of Zhujia(Fajia). and I analysis the various contents and forms between a peculiar world view and a political methodology of Wubuwei(無不爲) in Huang-Lao philosophy.

• The Journal of Korean Philosophical History
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• no.25
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• pp.251-292
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• 2009

In this thesis, the status of Pre-Chin Study of One Hundred Schools in the history of Korean thoughts, and in addition, the reception of $Hs{\ddot{u}}n$ Tzu's ideology and the aspect of its development in Korea were examined. Moreover, the different understandings of $Hs{\ddot{u}}n$ Tzu and their trend of the times were summarized through the intellectuals' collection of works from the end of Goryeo Dynasty and the beginning of Cho Sun Dynasty to 18-19 century. What was revealed through the study can be summed up as the followings. From the age of Three States to the middle part of Goryeo Dynasty, few intellectuals regarded other schools or philosophers among Study of One Hundred Schools as heresies and blamed them. However, since Mencius had been established as the legitimate classical scripture of Confucianism after the end of Goryeo Dynasty and the beginning of Cho Sun Dynasty, other Pre-Chin philosophers including $Hs{\ddot{u}}n$ Tzu had started to be regarded and criticized as heresies. Intellectuals of Goryeo Dynasty and the early Cho Sun Dynasty made various estimates on $Hs{\ddot{u}}n$ Tzu's doctrine of the evilness of human nature, but we can see the understanding of $Hs{\ddot{u}}n$ Tzu became deeper. In the heyday of Neo-Confucianism in Cho Sun Dynasty, the intensity of the criticism on $Hs{\ddot{u}}n$ Tzu by intellectuals rather tended to decrease, compared to that of the early Cho Sun Dynasty, which produced contrary evidence that the world view of Sung Confucianism, based on Mencius' doctrine of the goodness of human nature, had been already established. Also, even the intellectuals criticizing the evilness of human nature positively quoted $Hs{\ddot{u}}n$ Tzu's other ideas in general. In 17th century, there were some arguments to conclude $Hs{\ddot{u}}n$ Tzu as Legalism, but the general trend came to accept Study of One Hundred Schools constructively, challenging the authority of Sung Confucianism, or based on positive school. In 18th century, it can be confirmed that the understanding on $Hs{\ddot{u}}n$ Tzu became broader, and particularly in the historical research of letters, $Hs{\ddot{u}}n$ Tzu's original texts and annotations were used in many ways. In short, the intellectuals' criticism on $Hs{\ddot{u}}n$ Tzu in Cho Sun Dynasty was always grounded on his argument of the evilness of human nature, and furthermore, on connecting it to Legalism, related to the Fenshukengru. On the other hand, it can be said that they generally accepted other ideas of $Hs{\ddot{u}}n$ Tzu positively, except for the idea of the evilness of human nature. However, it's worth paying attention to the fact that those intellectuals who criticized $Hs{\ddot{u}}n$ Tzu could easily meet with the books of Study of One Hundred Schools, and relatively had an open attitude in terms of knowledge.

• Journal of Korean Philosophical Society
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• v.147
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• pp.333-356
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• 2018

Shang Yang was a person who, as a representative of the former School of Law, not only had an effect of thought on Han Fei Tzu, but also put a cornerstone of Qin Shi Huang's great universal unification by placing small and weak Qin Dynasty in a border area in the rank of a newly rising powerful nation. He is especially regarded as a person who valued laws and established the theoretical framework of legalist thought of School of Law systematically. To begin with, this writing examines the contents of the enforcement of legal reforms relevant to the prerequisite of Shang Yang's legal thought in historical archives, and confirms that Shang Yang succeeded in accomplishing legal reforms twice and that the aim of the legal reforms was to realize national prosperity and military power for the universal unification. This writing also takes notice of the fact that Shang Yang's legal thought went through specific steps for unifying the legal authority and the power of the monarch. Especially this writing focuses on applying the three-step theory of norms that was presented in the western social and political norm theory to Shang Yang's legal thought and on examining the characteristic and meaning explicitly. In short, the social and political norms go through emergence, cascade, and internalization. This writing aims to confirm that Shang Yang's legal thought also went through these three steps and was specified. Specifying this critical mind, this writing is a result which discusses that Shang Yang's legal thought went though the steps of the selective prescriptivism of emergence, the monarchical absolutism through sever punishment, and the internal monarchism for national prosperity and military power, and that the thought was systemized. Finding that the contents of Shang Yang's legal thought correspond to the three-step theory of norms and produce the individual meaning is the independent characteristic of this writing. It is the aim of this writing that the system and meaning of Shang Yang's legal thought will be confirmed more explicitly through this contextual examination.