전통 법문화에서 信의 윤리와 현대적 의미

This paper is a study on the Inter-friendly Confidence among Five Human-Relations Ethics in Ancient East Asia and its development in traditional & modern legal system. At first, this paper describes various social backgrounds of the appearance of Inter-friendly Confidence on the historical stage, and explains the etymological origin of Chinese characters of 'friend' & the reason why the confidence is necessary between friends. Secondly, this paper studies the philosophy of the confidence around Confucius & Rujia(儒家) i.e. Confucianism, and introduces several representative legal norms of the confidence in marriage law of Tang-lü(唐律). Thirdly, this paper treats of the revival of Inter-friendly Confidence in the modern civil law and the reason why the confidence should be the just & right confidence, and mentions the principle of faithfulness & sincerity in the commercial transactions. Lastly, this paper deals with a proposition that the great confidence never promises nor binds, which means an exception against a general rule of Inter-friendly Confidence similar to the principle of change of important conditions in the modern law. There are strong universal generality in human social & spiritual phenomena across the ages and countries of the world. So there may be no significant differences in eastern & western historical development from ethics of confidence to the principle of faithfulness & sincerity based on the principle of private self-government in the branch of civil & commercial law which rule mutual transactions between equal partners. This study was accomplished in order to form the groundwork for sketching outlines of the ethics of Inter-friendly Confidence in traditional legal culture, and the author hopes that this paper become a small priming water of pump which may induce interest of readers, so that the promising young may accomplish further more broad & deep study on the principle of faithfulness & sincerity in eastern & western legal cultures.