Confucian Statecraft and Korean Institutions. Yu Hyongwon and the Late Choson Dynasty - James B. Palais
NOTES TO CHAPTER 6 IOSI
- Davis, Problem of Slavery; Edith F. Hurwitz, Politics and the Public Conscience:
Slave Emancipation and the Abolitionist Movement in Britain (London: George Allen
and Unwin; New York: Barnes and Noble Books, 1973); Orlando Patterson, Slavery and
Social Death: A Comparative Study (Cambridge: Harvard University Press, 1982), pp.
72-76; Eugene D. Genovese, Roll, Jordan, Roll: The World the Slaves Made (New York:
Vintage Books, 1976), pp. 161-68.
- Marc Bloch, Slavery and Seifdom in the Middle Ages, trans. William R. Beer (Berke-
ley and Los Angeles: University of California Press, [975); Finley, Ancient Slavery and
Modern Ideology, pp. 124-49.
- Eugene D. Genovese, The World the Slaveholders Made (New York: Pantheon Books,
1969); Genovese, The Political Economy of Slavery (New York: Vintage Books, 1967),
pp. 157-79; Eric Williams, Capitalism and Slavery (Chapel Hill: University of North
Carolina Press, 1944); Elizabeth Fox-Genovese and Eugene D. Genovese, Fruits (jf Mer-
chant Capital: Slavery and Bourgeois Property in the Rise and Expansion of Capital-
ism (New York: Oxford University Press, 1983), pp. 34-60, 272-98.
- Robert William Fogel and Stanley L. Engerman, Time on the Cross: The Econom-
ics of American Negro Slavery (Boston and Toronto: Little, Brown and Co., 1974). For
a sample of some of the criticism aroused by this book, see Paul A, David, Herbert G.
Gutman, Richard Sutch, Peter Temin, Gavin Wright, with an introd. by Kenneth M.
Stampp, Reckoning with Slavery: A Critical Study in the Quantitative History of Amer-
ican Negro Slavery (New York: Oxford University Press, 1976); Genovese and Genovese,
Fruits of Merchant Capital, pp. 136-7 I.
- Davis, Problem of Slavery, pp. 292-389.
ro. Chon Hyongt'aek, Choson hugi nobi sinbun yon 'gu [A study of slave status in late
Choson] (Seoul: I1chogak, 1989), pp. 14-15,32-39.
- For a discussion of Korean slaves as chattel, see Kameda Keiji, "Korai no nuhi ni
tsuite [The slaves of Koryo]," part I, Seikyu gakuso 26 (1936):100-124; Hong Sunggi,
Koryo sidae nobi yon 'gu [Slavery in the Koryo period] (Seoul: Han'guk yon'guwon, 1981),
pp. 8, 20, 23-35,41-50,69-75,82-85, 189-93,207-12; Hong Sunggi, Koryri kwijok
sahoe wa nobi [The aristocratic society of Koryo and slavery] (Seoul: Ikhogak, 1983),
pp. 4, 8-ro, 33-42,46-50,63-80,214; Ellen Salem, "Slavery in Medieval Korea" (Ph.D.
diss., Columbia University, 1978), pp. 33-I 18.
The main ditferences between Chinese and Roman law were supposed to be that Chi-
nese slaves could own property (including slaves of their own), contract debts, institute
suits, legally marry other persons of base or slave status, be adopted, and be held legally
responsible for their actions. They were protected by law from unreasonable injury, and
in some cases had surnames. On this basis some scholars referred to them as half-human
and half-chattel. The laws of Korea, Japan, the ancient Hebrews and Hittites were regarded
as similar to those of China, Niida Noboru, Shina mibumpo shi [The history of the law
on personal status in China] (Tokyo: Toho hunka gakuin, [942), pp. 2, 88-90, 860-61,
900-937,979-85. Niida, following Harada Keikichi, stated explicitly that in principle
slaves were not regarded as human during the Roman Republic but that toward the end
of the Republic, aspects of the slave's humanity included family relations and protec-
