A Study on the Theory of Revenge in the Late Joseon Dynasty: Focused on Revenge Cases and Judgments During the Reign of King Jeongjo

THE JOURNAL OF ASIAN PHILOSOPHY IN KOREA 62:233-274 (2024)
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Abstract

This study analyzes the theory of revenge through the perspectives of propriety (禮) and law (法), as well as private morality (私義) and public law (公法). It examines how the conflicts among these elements were interwoven in revenge cases and judgments during the reign of King Jeongjo 正祖. Additionally, it explores how King Jeongjo’s compassionate approach to criminal justice was demonstrated in these cases. The theory of revenge reveals the clashes between propriety and law, as well as between private morality and public law. By instituting revenge laws that sanctioned acts of vengeance, the legal system aligned itself with the “duty of revenge” prescribed by propriety. The Joseon legal system actively incorporated the concept of revenge into its framework. The state not only facilitated public acts of revenge through legal judgments, integrating punitive power into the sphere of justice, but also pardoned private acts of revenge under the provisions of revenge laws. Notably, King Jeongjo applied these laws to issue pardons for acts of revenge and, in cases where applying such laws proved challenging, he relied on universal principles (天理) and human sentiments (人情) to justify forgiveness. This approach sought to realize the Confucian governance principle of propriety by actively honoring private moral obligations. It exemplified a ruler’s implementation of the moral standard of equity and balance (絜矩) in governance.

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