공법(貢法)개혁안을 통해 본 율곡 이이의 법개념과 입법론

The Concept of Law and the Theory of Legislation of Yulgok

In the Medieval period in Europe, two distinct but commingled types of law possessed these characteristics. The first type was natural law and divine law in the Catholic tradition. They were pre-given by God and were the product of God`s will, unalterable by man. The second type was customary law. In contrast, in sixteenth century in choseon dynasty, Yulgok who was a politician and scholar, established a new radical theory of legislation and the concept of law based on the natural law theory. I insist that his concept of law is a traditional natural law theory, because natural law take it for granted that the laws and legal system under which we live can be criticized on moral grounds. There are standards against which legal norms can be compared and sometimes found wanting. The standards against which law is judged have sometimes been described as ‘a higher law’. According to yulgok’s legal theory that is derived from confucian ideal political thought, confucian moral principles is a natural law as ‘a higher law’, and these principle can control the positive laws. Also, Yulgok asserted a utilitarian theory of legislation for social reformation and he pursued the movement to change more than any other early politician and scholar. Yulgok argued the theory of legislation, the so-called Musil and Kyungjhang that these were for timely revision of the laws to reform. In this respect, his creative and great legal theory was a model for social reformers and confucian politicians as scholar in choseon dynasty.