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자료유형
학술저널
저자정보
심재우 (한국학중앙연구원)
저널정보
역사실학회 역사와실학 歷史와實學 第51輯
발행연도
2013.08
수록면
147 - 179 (33page)

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초록· 키워드

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Regarding the lives of the Joseon females, many studies and researches have already been announced. Comprehensive studies of the females’ status, living conditions, inheritance of property, wedding fashions, discrimination of females inside the family, motifs of conflicts portrayed in literature, have all been published. Results of these studies reveal that the women of the Joseon society led a life that was more complicated than previously believed. Because of the constraints of the social class system, and also because of the Neo-Confucian morality, the scope of their lives was narrow. Their activities were controlled and restrained against their own will, not only socially but also institutionally.
Recently, historical studies of the females, which began to feature a new trend of examining female-related crimes documented in law codes or legal documents, have expanded to the extent of covering several issues that include the reality of female discrimination, the gender-based roles of the females, and also how political power exhibited itself within the issue of fidelity. All these researches are trying to determine the contents and nature of the lives of females who were discriminated and neglected by their own family members including their husbands, in late Joseon dynasty.
I examined all the special laws concerning the females and the penal law, and also how the female criminals were regarded. The previous belief that the overall image of the females were negative, should be modified accordingly.
In this article, the females’ fashion of existence inside a legal environment and a Confucian penal system, was examined through special legal regulations concerning females. Our view of the females in the past have to be rectified. Confucianism had been criticized by Feminism. Through this analysis, whether or not bridges could be built between Confucianism and women was contemplated.

목차

Ⅰ. 머리말
Ⅱ. 여성에 대한 인식과 『대명률』의 부녀자 처벌 규정
Ⅲ. 조선시대 형사법에서의 여성 특례
Ⅳ. 여성의 몸과 여성범죄 판결 양상
Ⅴ. 맺음말
〈참고문헌〉
〈Abstract〉

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