韓國農村社會의 變化에 따른 法意識에 관한 法社會學的 硏究 = A Study on Legal Values of Rural Society in Korea

다국어 초록 (Multilingual Abstract)

From the sociological point of view law is more a process occuring in the daily life of individuals than a series of simple, static rules. Law occurs in courts, government institutions, lawyers' offices, and in the sundry daily life of citizens, Law as a dynamic social process is an order of "ought" as alleged by Weber, and for this "ought" order to become a realistic "is" order it behooves the individual actor to recognize the validity of legal norms, This is to say that individuals must be assured of social relations that enable them to make predictions of high prbability through the society's coercive power whih equitably and universally guarantees rights and duties for individuaas. A law which fails to provide empirical validity will not function as an effective norm in which actors can have confidence. Thus, it is clear that the attitude of individuals toward law is an independent variable of considerable importance in assessing the extent to which an individual is dependent on and resorts to law in daily life, Needless to say, an attitude toward law is not limited to a recognition of law"s validity; it would include law"s relevancy (consistency of law in relation to overall social norms and value orientations), law's morality (law-morality relations), law's politicality (law-state relations), etc.
Actors' attitudes toward these aspects of law can, furthermore, be analyzed from cognitive, affective and behavioral dimensions. In engaging in political, economic, social and other various actions, the actors, first of all, require a certain amount of knowledge as to whether such actions are legally justified. Moreover, the actors would not be able to participate in legal processes positively and with confidence, unless they have some familiarity with the moral, political and social foundation of law or with the social functions of law and with legal procedures. Of course, the actors could consult specialists is the the field, if need be, but it can be supposed that their legal competence or their positive sentiment toward law would substantially decrease, if they did not possess themselves a certain amount of legal knowledge.
The affective dimension of the attitude toward law can be termed "legal identification". To what extent do actors feel law is important and relevant to their daily life? Do they feel their rights are duly protected by law? What is their affective response to law's validity and equity? How well developed is their sense of obligation? These would have a major impact on the patterns of legal behavior among the actors,
The behavioral dimension of the attitude toward law can be termed "legal competence". It concerns the extent to which the actors are willing and determined to take advantage of law to have their rights legally protected in specific social relations.
Main contents of this article are followings.
1. Introduction
1) Necessity of the sociological approach to law
2) Meaning of research to legal values
3) Conception of legal values
4) Scope of this article
2. Legal values in traditional society
1) Legal cognition
2) The faith to law and legal system
3) The will to protect one's right
4) The spirit of obeying laws
3. The changed phenomena in rural society
4. Research to residents' legal values in rural society
1) Model for analysis
2) A working hypothesis
3) Methodology and questionaire
4) Sampling
5) Techniques for analysis
5. Content analysis and interpretation
1) The genaral characters
2) Verification about hypothesis
3) Interpretation of verified data
6. Conclusion-several meajors for policy