中國 傳統社會의 家父長權

• 영문명: Patria Potestas in Chinese Traditional Society
• 발행기관: 전남대학교 법학연구소
• 저자명: 김지수(Kim, Jisu)
• 간행물 정보: 『법학논총』제27권 제2호, 237~275쪽, 전체 39쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

Max Weber characterized the pre-modern Chinese society as a Traditional Domination based on traditional patriarchal authority. In ancient China, the Empire was a magnified and extended version of a Family, and a family was a epitome of the Empire. So a patriarch, the head of a family, had the strong authority similar an Emperor in his family. In general, the patriarchal authority in ancient Chinese families may be analogized to Patria Potestas in ancient Rome. This paper attempts to make a general survey of Patria Potestas in Chinese Traditional Society. First, it sets forth a definition of Chinese Traditional Patria Potestas, and probes its original meaning from the viewpoint of etymology. Interestingly, Chinese character of ‘父[Fu]’ meaning ‘father’ was originated from the combination of characters ‘right hand’ and ‘stick’ symbolizing strength and authority, similar to the ancient Roman term ‘manus’, meaning a hand, which was the beginning of Patria Potestas. In addition, Chinese character of ‘尹[Yin]’, meaning ‘to govern’ or ‘to rule’ was also originated from the same characters ‘right hand’ and ‘stick’, and Chinese character of ‘君[Jün]’ meaning ‘King’ or ‘monarch’ was originated from the combination of ‘尹[Yin]’[‘right hand’ and ‘stick’] and ‘口[Kou]’ meaning ‘mouth’ or ‘word of command’. These three Chinese characters relating to the patriarchy of strength and authority all have the same origin in etymology. Second, this paper explores the attributes of Chinese Traditional Patria Potestas using the concept of ancient Roman ‘Patria Potestas’. It discusses the unity, exclusiveness, one-sidedness, and absoluteness of Chinese Traditional Patria Potestas. Third, it searches for the contents of Chinese Traditional Patria Potestas. Such contents contain the power of command and leadership, the power of punishment, the power of killing, the power of selling, the power of deciding marriage of his family member, and the right of offering worship and sacrifices to the ancestors. Finally, this paper discusses some concepts relative to Chinese Traditional Patria Potestas : the authority of the head of a household who is not the father of family; the authority of a ‘Zong-zi[宗子]’, the eldest son born of lawful wife; the authority of a clan elder called ‘Zu-zhang[族長]’; and the authority of a mother. In conclusion, the ancient Chinese society had ensured patriarches de jure and de facto authority, and demanded patriarches of complete loyalty to royalty in turn.

목차

Ⅰ. 서언

Ⅱ. 家父長權의 개념 및 속성

Ⅲ. 家父長權의 내용

Ⅳ. 家父長權의 주변 개념

Ⅴ. 家父長權과 國家의 관계 - 結語에 갈음하여

키워드

중국 전통사회 가부장제 손[手] Patria Potestas Chinese Traditional Society patriarchal authority manus 家父長權