인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 저널정보
- 역사학회 역사학보 歷史學報 第256輯
- 발행연도
- 2022.12
- 수록면
- 177 - 223 (47page)
- DOI
- 10.16912/tkhr.2022.12.256.177
이용수
초록· 키워드
This study deals with the implementation procedure and temporal progress of Apseul-hyung(壓膝刑) and Nak-hyung(烙刑), severe punishments carried out by the Joseon government in the 17th and 18th centuries Apseul-hyung and Nak-hyung were unique punishments that were enforced without legal stipulations in Joseon.
The severe punishment was a compromise of Joseon’s Confucian ideology and practical necessity. Joseon adopted a confession-centered principle that a sentence should be executed after obtaining a confession from the accused. Severe penalties were used as a means to eliciting confession (in criminal cases). The government reorganized its punishment system to a certain limited extent to prevent side effects.
The abolition of King Yeongjo’s severe punishment does not signify “the king’s compassionate decision to resolve evil practices at once,” but rather “formalization of the abolition of progressively disappearing practices.” Already in the 17th century, the infliction of Apseul-hyung and Nakhyung had been decreasing. Nevertheless, King Yeongjo was aware of their functional advantages and intended to make use of them in the execution of punishment. King Yeongjosought to establish the image of a Confucian monarch by means of the abolition of severe tortures during his reign, but at the same time utilized them to eliminate opponents that threatened his power.
The severe punishment was a compromise of Joseon’s Confucian ideology and practical necessity. Joseon adopted a confession-centered principle that a sentence should be executed after obtaining a confession from the accused. Severe penalties were used as a means to eliciting confession (in criminal cases). The government reorganized its punishment system to a certain limited extent to prevent side effects.
The abolition of King Yeongjo’s severe punishment does not signify “the king’s compassionate decision to resolve evil practices at once,” but rather “formalization of the abolition of progressively disappearing practices.” Already in the 17th century, the infliction of Apseul-hyung and Nakhyung had been decreasing. Nevertheless, King Yeongjo was aware of their functional advantages and intended to make use of them in the execution of punishment. King Yeongjosought to establish the image of a Confucian monarch by means of the abolition of severe tortures during his reign, but at the same time utilized them to eliminate opponents that threatened his power.
#압슬형(壓膝刑)
#낙형(烙刑)
#흠휼(欽恤)
#혹형(酷刑)
#형사제도
#자백중심주의
#추안급국안(推案及鞫案)
#Apseul-hyung(壓膝刑)
#Nak-hyung(烙刑)
#Morals and law(欽恤)
#The criminal system
#severe punishment(酷刑)
#Confession-centered principle
#Chu’an and Guk’an(『推案及鞫案』)
상세정보 수정요청해당 페이지 내 제목·저자·목차·페이지정보가 잘못된 경우 알려주세요!
목차
- Ⅰ. 머리말
- Ⅱ. 조선후기 심문 절차와 고신(拷訊) · 혹형(酷刑)의 결정과정
- Ⅲ. 17~18세기 혹형의 계서적 구조와 감소 추이
- Ⅳ. 맺음말
- 참고문헌
- Abstract
참고문헌
참고문헌 신청최근 본 자료
