Customary Law and Colonial Jurisprudence in Korea

Spontaneous Norms in Law and Economics: A Sketch Typology

“…However, the translation of indigenous practices into legal frameworks foreign to their originators frequently transformed the meaning and functions of said practices. Therefore, researchers studying colonial and post-colonial legal systems have often found a significant divergence between the pre-colonial social arrangements and the technocratic customary law manufactured in the process of colonization (Snyder, 1981;Moore, 1986;Kim, 2009). This finding led them to distinguish custom "pronounced in court judgments, textbooks, and codifications" on the one hand and "living customary law" that consists of "norms that regulate people's daily lives" on the other (Diala, 2017, p. 143).…”

“…Kim (2007Kim ( , 2009 argues that this concept of custom is specific to the broadly understood Western legal tradition and thus absent from other legal cultures, e.g., Far Eastern, that were able to develop well-organized legal systems with strong hierarchical enforcement.…”