“Article 1, Section 4 seems problematic…”
While analyzing the Foundation Law’s provisions, Hyang reread Section 4 and wrote down the issues on paper beside him.
-Very high possibility of discrimination between mainland Joseon residents and native residents from new territories.
This was because Hyang knew well how international society had been in the 21st century.
***
21st century America praised itself as a ‘melting pot of races,’ but critics mockingly called it a ‘racial salad.’
Some even sneered that it was ‘a case of the largest rolled-in stone bullying the embedded stone and other stones.’
The racial discrimination problem was that serious.
This wasn’t just America’s problem. The conflict between ’embedded stones vs. rolled-in stones’ was a global issue. Many countries suffered from serious ’embedded stone territorialism’ problems, while others struggled with ‘rolled-in stones asserting dominance instead.’
That’s why Hyang judged this provision would become problematic.
***
However, the ministers’ reactions differed from Hyang’s expectations.
“Don’t you think the provision stating ‘anyone who follows the empire’s national policy and laws is a citizen of the empire’ is truly excellent?”
While all ministers nodded at Hwang Hui’s observation, Lee Sachul continued.
“Declaring the national policy in the next section is also good. Particularly, adopting ‘Hong-ik Ingan’ (broadly benefiting humanity) as national policy is truly a wise decision. ‘Broadly benefiting humanity’ is wonderfully concise and leaves no room for dispute. I think it’s perfect for making natives who haven’t encountered the teachings of sages into citizens of Joseon, no, the empire.”
As soon as Lee Sachul finished, Kim Jongseo added more.
“That’s right. Promoting religion as a state religion like the previous dynasty Goryeo or Western nations only creates discord. This would just be an obstacle to pacifying the natives.”
“Indeed, indeed!”
Kim Jeom nodded and chimed in right after Kim Jongseo finished.
“We already have overflowing work and not enough people. We need to pacify them quickly and put them to work! What’s the saying going around the Six Ministries now? ‘Feed the ox that works well, eat the ox that doesn’t. The hide is decoration.’ Isn’t that right? Who has the luxury to consider things like place of origin? Even private households don’t do that.”
All ministers nodded at Kim Jeom’s words.
This was where Hyang’s prediction went wrong.
***
As the Great Reform progressed and Joseon’s territory expanded explosively, numerous outsiders were incorporated as Joseon citizens.
However, there was almost no rejection reaction from Joseon people.
This was a result of several factors working together complexly.
- Contact between Joseon people and outsiders was not easy.
For most Joseon people, except for the Jurchen people and a tiny number of surrendered Japanese, there were almost no opportunities to encounter outsiders. Even the closest Dongbing Harbor or Great Snow Island was several days away by boat, so except for officials and merchants, hardly any Joseon people went there.
- The Jurchen people, who made up the largest proportion of outsiders, had considerable common ground.
Though they were called ‘barbarians’ and viewed as enemies among Joseon people, they shared the history of the ancient Three Han period and North-South States period. Thanks to this, they showed rapid Joseonization after submitting to Joseon and living as Joseon citizens.
The same was true for surrendered Japanese.
- Outsiders who contacted Joseon people had power.
When ordinary Joseon people encountered outsiders, it was mostly when they came to Hanseong or visited government offices.
Most outsiders encountered in such places were officials. Few would discriminate against outsiders wearing official robes and being called ‘My Lord.’
- They had similar religions.
Though sects and doctrines differed, many people from mainland Joseon, the Jurchen, and surrendered Japanese believed in Buddhism.
But an even bigger religious commonality was shamanism. Not only Joseon but most tribes in territories incorporated into Joseon’s domain had shamans, and things like gut ceremonies and talismans were not unfamiliar.
Thanks to this, even natives who hadn’t actually encountered outsiders often carried outsiders’ talismans said to bring good luck.
- Hangeul demonstrated overwhelming power.
As in the case of Great Snow Island, most had their own language and history but no writing system. For these people, Hangeul was the best means of recording and preserving their language and history through documents rather than oral tradition.
Among outsiders who became familiar with Hangeul, those with ambition soon learned the Joseon language. And the court began using suitable candidates among such people as local officials.
- Labor was too scarce and markets were needed for discrimination.
This was the biggest reason.
Thus, due to these various factors intertwining complexly, discrimination issues unexpectedly didn’t appear prominently, and Hyang’s prediction went wrong.
***
There was another place where Hyang’s prediction went wrong.
It was the organization named the ‘Law Review Court’.
The Federal Empire’s governing organization.
-Article 3. Law Review Court.
-Article 3, Section 1. The Law Review Court is an organization dedicated to reviewing newly established laws and statutes.
-Article 3, Section 2. The establishment of laws principally goes through three reviews.
The first review occurs during the process of receiving appeals and petitions from the people. The head of the department related to the appeals or petitions examines them and reports the results. If it is concluded that new legislation is needed, a bill is drafted.
The second review is the Law Review Court’s examination. The Law Review Court examines the proposed bill and decides whether to pass or reject it.
The third review is conducted by the Emperor.
-Article 3, Section 3. The Law Review Court’s review criteria are as follows:
- Does it not harm the empire’s national interests?
- Does it not harm the Emperor’s safety?
- Does it not harm the safety of the majority of citizens?
-Article 3, Section 4. The Law Review Court’s reviewers are selected according to the following criteria:
(remainder omitted)
Reading about the Law Review Court in the provisions regarding ‘The Empire’s Governing Organization,’ Hyang tilted his head.
“Is this a parliament? Even separation of powers? Isn’t this going too far?”
After examining the provisions in question several times, Hyang crossed his arms in deep thought before reaching a conclusion.
“It’s not perfect separation of powers, but that might be why it could work.”
However, contrary to Hyang’s expectations, the ministers were completely upset.
“This seems problematic…”
Examining the Law Review Court provisions, Hwang Hui frowned as he spoke. Other ministers wore similar expressions.
Finally, the next day, Hwang Hui and the ministers pointed out the problem during a session discussing state affairs with Sejong.
Hwang Hui continued speaking while pointing out the problematic provision.
“We believe there are issues with creating new laws based on reviewing appeals and petitions.”
“Issues?”
“Yes. Hearing appeals and petitions from the people and resolving their grievances is something we already do.”
“That’s true.”
Sejong nodded at Hwang Hui’s point. As Sejong readily nodded, Hwang Hui continued.
“Looking at records until now, most solutions were orders and policies. We use orders and policies because similar issues require different solutions depending on time and place. Therefore, they should not be fixed as laws. When established as laws, they become fixed and are practiced unchanged for at least several decades. Thus, what is good law now could become bad law as time passes.”
“That could be true.”
“Also, to prevent this, law revision is essential, but going through the Law Review Court could make revision too easy. Easy revision means frequent changes to laws, which will damage the gravity of the law.”
“So you’re saying we should eliminate the Law Review Court?”
To Sejong’s question, Hwang Hui immediately answered.
“The best option would be to abolish the Law Review Court, and the second-best would be to make it an temporary rather than permanent institution.”
“Making it temporary rather than permanent… hmm…”
Stroking his beard while pondering Hwang Hui’s answer, Sejong soon countered each problem Hwang Hui had mentioned.
“As you said, if established as law, it will continue to be practiced for decades. Isn’t that even better? Knowing the law’s longevity, they will devote their full attention to every provision and phrase from the start, and the same goes for review. That’s why we included the provision to record not only the proposer’s name but all reviewers’ names when new laws are created. Would they take law-making and review lightly when their names will go down in history?”
“That is true, but as I mentioned earlier, if we lose the gravity of law, it becomes a big problem. If the gravity of law disappears, people will ignore laws, and then principles and order will vanish.”
“Isn’t that the same for orders and policies? No, it could be even worse. As you say, orders and policies are much lighter than laws and statutes. Wouldn’t the ‘foolishness of morning changes and evening alterations’ happen more often there? Looking at past records, weren’t there many such cases?”
“… That is true.”
Hwang Hui barely managed to answer Sejong’s point.
As Sejong said, examining the history of the Central Plains and Korean Peninsula revealed many cases where inconsistent policies led to great losses.
Sejong explained more thoroughly to Hwang Hui.
“I too understand well the weight that laws and statutes carry, which is why I established three review processes. And that’s why I decreed that all names of those involved be recorded when laws are established. As I said earlier, would they be careless with something that will preserve their names in history forever?”
“That would be true.”
“Then can we move forward with the Law Review Court as is?”
Hwang Hui opposed again to Sejong’s words.
“The qualifications for reviewers are problematic. You said to divide the empire’s territories into several districts based on population and have representatives elected by the people of those districts serve as reviewers, but I see many problems with this.”
“What problems?”
“Reviewing laws is important work. If those lacking in learning take charge of reviews, there will be many difficulties. I believe we need to establish qualification standards.”
“Tsk tsk!”
As soon as Hwang Hui finished speaking, Sejong clicked his tongue sharply. As soon as Sejong clicked his tongue, Hwang Hui and the ministers tensed up.
But we can’t back down!
Seeing Hwang Hui and the ministers steeling themselves, Sejong posed a question.
“Listen here, Prime Minister, let me ask you something.”
“Please inquire.”
“Who are we making these laws for right now?”
“For the people.”
“Then are there more highly educated people among the citizens, or more with little education?”
“…Those with little education.”
“If we make laws that those with little education can’t understand, will they understand them?”
“…No.”
“I’ll ask again, who are the laws made for?”
“…They are made for the people.”
To Hwang Hui’s answer, Sejong drove home his point.
“For my part, I would be even more grateful if such people with little education came out as reviewers. Because they could prevent us from making laws with content they can’t understand and then demanding they follow them.”