Opening of Heaven - Foundation Law Debate
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As they overcame numerous hurdles, the Foundation Law gradually developed into an increasingly robust system.

During this process, King Sejong, his ministers, and Hyang frequently engaged in heated debates that lasted through the night. However, it was through these intense discussions that the Foundation Law’s framework was refined.

Among them all, Hyang was the most shocked.

Good heavens! What kind of era am I living in right now!

Hyang was experiencing genuine culture shock.

Issues he had anticipated would spark major controversies passed smoothly, while matters he had considered trivial led to Sejong and his ministers arguing until their own veins bulged in their necks.

And whenever such debates dragged on, Sejong and his ministers would all turn to look at Hyang.

“What does the Crown Prince think?”

“What is Your Highness’s opinion on this matter?”

Each time he received such questions, Hyang broke into a cold sweat.

There were far more unexpected situations than he had anticipated.

Because of this, whenever such questions came his way, Hyang had to rack his brains desperately.

“Both Father’s words and everyone’s opinions have merit. Therefore, I shall contemplate this matter further.”

After deflecting the crisis with such responses, Hyang would frantically wrack his brain.

Come on, head, work! One wrong move and the image I’ve built up till now could crumble in an instant!

The image Hyang had cultivated through his achievements was that of ‘omniscience[1]‘. It was this reputation that had made his regency proceed smoothly.

Even with King Sejong’s backing, the king was absent. In such circumstances, if the ministers had decided to be obstinate, they could have caused any number of problems. However, such incidents never occurred thanks to the achievements Hyang had accumulated.

In any case, through desperate effort combined with knowledge and practical experience from the 21st century, Hyang managed to present reasonable compromises.

And when Sejong and his ministers received these compromises, they all praised them highly.

“As expected of the Crown Prince!”

“Indeed, Your Highness! Such excellence truly demonstrates heaven’s blessing upon us!”

Whenever Sejong and his ministers offered such praise, Hyang would slightly bow his head and offer humble words.

“You are too kind.”

Whew! Barely made it through that crisis!

Each time he overcame such difficulties, Hyang analyzed the cause.

“Why exactly did this happen? I must figure out the reason! Otherwise, the future will be painful!”

After desperate analysis, Hyang was able to determine the cause.

“So the conclusion was ‘the road not taken’? Or perhaps ‘the third way’?”

***

The political system expressed by Sejong’s Foundation Law was difficult to find precedent for.

It wasn’t quite a constitutional monarchy, nor was it an absolute monarchy. And it certainly wasn’t a republic.

“If we’re being precise, it’s closest to a constitutional monarchy, but…”

Looking at his analysis, Hyang clicked his tongue. While it was clearly based on constitutional law, making it seem like a constitutional monarchy…

It couldn’t quite fit that definition when considering the famous principle that “the monarch reigns but does not rule.” This was because the emperor was granted immense powers, starting with the right of veto.

Yet it was equally difficult to classify it as an absolute monarchy. While the emperor held tremendous power, the Foundation Law explicitly included institutional mechanisms preventing arbitrary exercise of that power. Furthermore, it clearly codified various rights, including the human rights of the common people.

The ideology of the ruling class during this period played a significant role in this.

One of the justifications for the dynastic revolution from Goryeo to Joseon had been “to save the people from their suffering.” As a result, many policies emphasizing people-centered governance[2] were established.

Additionally, one of the fundamental principles of Neo-Confucianism was “benevolent governance.” Thus, while acknowledging the monarch’s absolute power, it didn’t forget to include checks on that power.

And as always, the Economic Reformation played a major role. As the economic focus shifted from agriculture to commerce and industry through the reformation, massive problems arose that couldn’t be solved through existing Neo-Confucian thinking. To resolve these issues, new ideas were needed, and Sejong put forward “broadly benefiting humanity”[3] as the fundamental standard.

Sejong’s principle of “broadly benefiting humanity” was both politically justified and practical as a solution, making it readily acceptable to both the ruling class and common people.

Of course, there was some corruption along the way.

The phrase “broadly benefit humanity” became twisted by some into thinking “as long as it’s good for you and good for me, that’s all that matters.”

As a result, institutions were created to monitor such individuals, legal provisions were established, and the Bureau of Records and mines were steadily supplied with personnel.

This transformation in thinking was possible because the current ruling class hadn’t become doctrinaire.

Prior to the Economic Reformation, Hyang had clicked his tongue and called Ryu Jeong-hyeon and his supporting elder ministers as “Confucian Taliban.”

However, rather than saying they had become doctrinaire, it would be more appropriate to say they had used Neo-Confucianism as a tool in political struggles.

The elder ministers, who had escaped from Taejong’s reign of terror, had used Neo-Confucianism as a weapon to suppress the young King Sejong who had just taken power, attempting to create a system of “weak king, strong ministers”[4].

However, when Sejong’s counterattack led to a large-scale purge of elder ministers, the possibility of becoming doctrinaire was greatly reduced.

Additionally, the collapse of local scholars during the Giyu Rebellion in the middle of the Economic Reformation also helped stamp out the seeds of doctrine.

The emerging scholar-official class, who had been the core of power and ideological center after the mid-Joseon period in the history before Hyang’s intervention, had completely collapsed.

As a result, while it carried the scent of Neo-Confucianism, a contradictory political structure symbolized by the Foundation Law was born – one that was ambiguous to conclusively label as Neo-Confucian.

“But it’s a bit of a stretch to call it completely ‘the third way.’ Something about it feels familiar…”

Thanks to this careful examination of his memories, Hyang was able to find the closest answer.

“A modern constitutional monarchy… Though it feels slightly lacking, this must be the closest answer.”

When Hyang said it “feels lacking,” he was referring to the existence of slaves and the practice of guilt by association.

The Foundation Law explicitly stated that Joseon’s status system was the “system of freeman and slaves”[5].

Here, the base class was limited to slaves, while those previously considered base class, such as entertainers, had all become freemen.

And this slave aspect had changed dramatically from the history before Hyang’s intervention.

In Sejong’s era before Hyang’s intervention, private slaves were increasing while government slaves were gradually decreasing. Because many hoped to become government slaves, who could more easily be freed, the government greatly reduced the positions requiring government slaves. Moreover, it was a period when private slaves increased significantly due to bans on marriages between freemen and slaves and the application of laws making children follow their mother’s status.

However, with Hyang’s intervention and Sejong wielding full power, the situation reversed.

To break the power of local scholar-officials, taxes were imposed on private slaves, leading to a sharp decrease in private slaves while government slaves increased tremendously.

This was due to the Giyu Rebellion and guilt by association.

Government slaves decreased similarly to private slaves. Positions traditionally held by government slaves, such as female entertainers and medical women, were opened to freemen, and most of those who had held these positions were freed and became freemen.

In this situation, the sudden increase in government slaves occurred because those implicated in the Giyu Rebellion were all reduced to slave status and forced to labor in mines or harsh terrain.

Although Sejong had firmly established his power, he couldn’t abandon slaves – specifically government slaves – and guilt by association, if only to prevent dangerous situations that might arise in future generations.

“Wouldn’t forced labor sentences look better?”

When Hyang suggested changing to forced labor sentences, Sejong immediately refused.

“Forced labor sentences have set terms or can be pardoned. That’s why it won’t work.”

“…Yes, Your Majesty.”

At Sejong’s firm answer, Hyang bowed his head.

So this is the limit, after all? But even I can’t see any other solution. It’s highly likely that it’s still too early.

As a side note, the existence of this Foundation Law became a point of contention among historians.

‘The Foundation Law is the criterion dividing the medieval and modern periods. And Joseon’s Foundation Law is the best example.’

While many scholars used the Foundation Law as the criterion dividing medieval and modern periods, citing Joseon’s Foundation Law as the best example, there were also many who opposed this view.

‘If we’re talking about the modern era, the guarantee of human rights is most important! But Joseon’s Foundation Law included slavery and guilt by association, so it doesn’t fit!’

In the history before Hyang’s intervention, the term “Foundation Law” occupied the place of “constitution,” and scholars debated whether Joseon’s Foundation Law qualified as a modern constitution.

The 31st year of King Sejong’s reign (1449, the year of Gisa)

The heated debates between Sejong and his ministers over the Foundation Law concluded in March. After nearly half a year of intense discussions, the Foundation Law had greatly improved in completeness.

“Well done.”

Receiving the revised Foundation Law, Sejong commended his ministers.

“Thanks to your efforts, we have been able to build a solid foundation for the empire.”

“No, Your Majesty. It was possible because you had already paved the way so well.”

At Sejong’s commendation, Hwang Hui and the other ministers all bowed their heads and offered humble words.

“Now then, let us print these Foundation Laws and distribute them to government offices throughout the country. And attach a notice asking people to examine this Foundation Law and discuss any problems.”

“What? Yes, Your Majesty.”

At Sejong’s command, Hwang Hui and the ministers were all surprised at first, but soon resigned themselves and readily agreed.

That’s right! What else would we expect from His Majesty!

It would be strange if he didn’t say this…

As the ministers resigned themselves, they soon came up with somewhat positive thoughts.

Wait… This might be a chance to catch a big fish after a long time?

Following Sejong’s command, the Foundation Law was distributed to government offices throughout Joseon – from the northeastern regions where Joseon’s influence was complete to Daeseol Island and Jongjang Island – and notices were posted.

“Examine the Foundation Law and discuss its problems?”

People who read the notice’s contents entered government offices and raised their voices.

“I have come to examine the Foundation Law!”

At these words, tired officials raised their hands, pointing to one side while answering.

“Get in line over there.”

“Pardon?”

In the direction the official pointed, people were already standing in a long line.

The people’s response to the Foundation Law was remarkably enthusiastic. Because the number of people wanting to read it far exceeded the number of distributed law books, documents requesting additional copies flooded into Hanseong from all across Joseon.

“I never knew the people would be so interested in law.”

To Lee Sachul’s words, Hwang Hui immediately replied.

“Law is what affects the people most greatly and most quickly.”

At Hwang Hui’s point, Lee Sachul nodded.

“Ah…”

“Still, the response is more heated than expected. It seems writing it in Hangeul played a major role.”

At Kim Jeom’s words, all the ministers nodded.

Meanwhile, receiving the report, Sejong wore a pleased expression.

“This is truly wonderful. How can it not be good that all our people are so eagerly learning and understanding the law?”

“Indeed, Your Majesty.”

While answering thus, Hyang thought differently inside.

They’re the type to always say ‘let’s do it by the law,’ and now they’ll start fighting while citing specific articles and clauses.

Notes

  1. 무불통지, 無不通知
  2. 민본, 民本
  3. 홍익인간, 弘益人間
  4. 君弱臣强
  5. 양천제, 良賤制

Note