영미 법철학의 수용에 관하여

This paper aims to give a brief description of Anglo-American jurisprudential influence on the development of modern philosophy of law in Korea. At its first stage, the partial reception of common law under the United States Army military government in Korea (USAMGIK) had, for the first time, brought about to this country a nationwide boom in American jurisprudence. But this wave gradually declined and gave its way to a new trend towards German jurisprudence since 1960's. In this paper works and ideas of some outstanding scholars of this early stage, e.g., Paul Ryu, Pyongchoon Hahm etc., are briefly introduced (chapter 2). At the second stage, a lively interest in the jurisprudence of common law countries was brought back into Korea soon after Anglo-American legal theorists occupied prevailing positions in the world jurisprudence. This paper summarizes the influence of Anglo-American jurisprudence of this stage throughout the three chapters: English jurisprudence (chapter 3), American jurisprudence (chapter 4), and the new anti-positivist movement as an Anglo-American meeting place (chapter 5). This paper shows that the influence of Anglo-American jurisprudence in Korea has been on the public law rather than the private law and claims that the interdisciplinary trend of American jurisprudence should take root in Korean academic field, and that the so called participatory perspective should be more practically incorporated into the new anti-positivist legal theories in Korea lest it should be lip service. Finally, this paper suggests that in the near future the normative gaps between the positivist sources thesis and the anti-positivist moral requirement may well be considered genuine foundations of law to which Korean jurisprudence should pay its attention.